[Federal Register Volume 77, Number 181 (Tuesday, September 18, 2012)]
[Proposed Rules]
[Pages 57949-57979]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21874]
[[Page 57949]]
Vol. 77
Tuesday,
No. 181
September 18, 2012
Part V
Department of Defense
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General Services Administration
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National Aeronautics and Space Administration
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48 CFR Parts 1, 2, 3, et al.
Federal Acquisition Regulation; Positive Law Codification of Title 41;
Proposed Rule
Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 /
Proposed Rules
[[Page 57950]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16,
17, 19, 22, 23, 24, 25, 26, 27, 28, 30, 31, 32, 33, 36, 37, 38, 39,
41, 42, 43, 44, 46, 47, 48, 50, 51, 52, and 53
[FAR Case 2011-018; Docket 2011-0018; Sequence 1]
RIN 9000-AM30
Federal Acquisition Regulation; Positive Law Codification of
Title 41
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
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SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to conform references throughout the FAR
to the new Positive Law Codification of Title 41, United States Code,
``Public Contracts.''
DATES: Interested parties should submit written comments to the
Regulatory Secretariat at one of the addressees shown below on or
before November 19, 2012 to be considered in the formation of the final
rule.
ADDRESSES: Submit comments in response to FAR Case 2011-018 by any of
the following methods:
Regulations.gov: http://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by searching for ``FAR Case
2011-018''. Select the link ``Submit a Comment'' that corresponds with
``FAR Case 2011-018.'' Follow the instructions provided at the ``Submit
a Comment'' screen. Please include your name, company name (if any),
and ``FAR Case 2011-018'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (MVCB), ATTN: Hada Flowers, 1275 First Street NE., 7th
Floor, Washington, DC 20417.
Instructions: Please submit comments only and cite FAR Case 2011-
018, in all correspondence related to this case. All comments received
will be posted without change to http://www.regulations.gov, including
any personal and/or business confidential information provided.
FOR FURTHER INFORMATION CONTACT: Mr. Edward N. Chambers, Procurement
Analyst, at 202-501-3221, for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat at 202-501-4755. Please cite FAR Case 2011-018.
SUPPLEMENTARY INFORMATION:
I. Background
On January 4, 2011, Public Law 111-350 enacted a new codified
version of Title 41 United States Code (U.S.C.), entitled ``Public
Contracts.'' The purpose of this proposed rule is to update all
references to Title 41 in the FAR to conform to the positive law
codification.
Furthermore, this rule proposes further updates to complete the
implementation of the recodification of title 40 in the FAR (see final
rule under FAR Case 2005-010, Title 40 of United States Code Reference
Corrections, published in the Federal Register at 70 FR 57453 on
September 30, 2005).
II. Discussion and Analysis
There are three types of changes throughout the FAR, including some
standard forms:
A. Change to the citation (e.g., ``41 U.S.C. 10a-10d'' now reads
``41 U.S.C. chapter 83'').
B. Change to the popular names of the Acts (e.g., the ``Service
Contract Act of 1965'' is now the ``Service Contract Labor Standards
statute''). A table providing the popular names of the Acts, the
present statutory citation, and the new titles of the statutes is
proposed at FAR 1.110. This table covers Acts under both titles 40 and
41.
C. Changes to terminology which did not involve substantive changes
to the meaning of the statutes. The changes are summarized in the
following table:
------------------------------------------------------------------------
Statutory cite
in 41 U.S.C. Change from To FAR cites
------------------------------------------------------------------------
1. 104............ Definition of ``46 U.S.C. 2.101, 22.1801,
COTS item: 40102(4)''. 52.209-6,
``section 3 of 52.222-54,
the Shipping 52.225-1,
Act of 1984 52.225-3,
(46 U.S.C. 52.225-9,
App. 1702)''. 52.225-11.
2. 2105(c)(1)..... ``has engaged ``has 3.703, 52.203-
in conduct violated''/ 8.
constituting a ``violates.''.
violation of''/
``constitutes
a violation
of''.
3. 1705 and ``competition ``advocate for 6.000,
4106(g)(2). advocate''. competition''. 6.304(a),
subpart 6.5
(multiple),
7.104(c),
8.405-3(e)(3),
8.405-6(d),
9.202(b),
13.501(a)(2)(i
i),
16.505(b)(2)(i
i)(C).
4. 3901........... ``in its Delete phrase.. 52.203-5.
discretion,''.
5. 6308........... ``let''........ ``award''...... 3.303(c)(5),
19.800(a),
52.219-8.
6. 6701........... ``Outer ``outer 22.305,
Continental Continental 22.1001,
Shelf lands''. Shelf''. 52.213-4(b).
7. 7103........... ``duly''....... Delete word.... 33.201,
33.207(e),
52.233-1.
8. 8501 and 29 CFR ``handicapped'' ``disabled'' or 5.202(a)(4),
525. ``workers with 9.102(b)(3),
disabilities''. 15.404-4(d)(1)
(iii), 22.102-
1(h), 22.1019,
52.222--20, -
38, 41.
9. Chapter 85 (see Trust Territory Delete......... 52.212-3, Alt
48 U.S.C. note of the Pacific. I, 52.219-1,
prec. 1681). Alt I.
10. 8701 and 8702.. ``directly or Delete......... 3.502-1(a),
indirectly''. 52.203-7(a).
11. 8703........... ``Department of ``Attorney 3.502-2(g),
Justice''. General''. 52.203-7(c)(2)
.
------------------------------------------------------------------------
[[Page 57951]]
Additionally, this case makes numerous minor corrections to the FAR
apart from the changes directly due to the recodification:
References to title 10 of the United States Code are
corrected at FAR 6.302-5(c)(1), 7.102(a)(2), 7.103(a), 7.202(a),
15.303(b)(4) and (6), 15.404-1(f)(2), 32.006-1(a), and 32.006-5.
Codification citations are added for Authorization Acts,
for Appropriations Acts and other public laws at FAR 8.602(a),
9.402(d), 12.000, 12.102(g)(1), 12.504(a)(13), 16.505(a)(9), 19.201(d),
23.704(b)(1)(ii), 25.405, 25.700(b), 26.400, 28.106-4(b), 28.106-6(d),
31.205-1(f)(8), 32.112-1(a), 32.112-2(a), 52.212-5(a)(3) and (c)(7),
(e)(1)(xiii), and in (e)(1)(ii)(M) of Alternate II; 52.213-
4(a)(1)(vii), (b)(1)(x), 52.226-6(b), and 52.228-12.
FAR 12.201 deletes the reference to Public Law 103-355,
which is already covered at 12.000.
The title of the clause at FAR 52.244-6 is corrected at
FAR 12.502(b) and 44.402(b).
FAR 1.501 is corrected to conform to 41 U.S.C. 1707 and
FAR 1.301.
FAR 22.1502--the relationship of three statutes is
conformed to language used in Executive Order 13126.
Obsolete references are deleted at FAR 43.102(c) and
50.103-3(c).
The Executive order citation is added for FAR 52.222-54,
Employment Eligibility Verification, at 52.212-5(e)(1)(xii) and
Alternate II at (e)(1)(ii)(L).
III. Executive Order 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 is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
IV. Regulatory Flexibility Act
The Department of Defense (DoD), the General Services
Administration (GSA), and the National Aeronautics and Space
Administration (NASA) do not expect this proposed rule to have a
significant economic impact on a substantial number of small entities
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et
seq., because the rule does not change or add any policies or
procedures. The rule merely updates references and terminology.
Therefore, an Initial Regulatory Flexibility Analysis has not been
performed. DoD, GSA, and NASA invite comments from small business
concerns and other interested parties on the expected impact of this
rule on small entities.
DoD, GSA, and NASA will also consider comments from small entities
concerning the existing regulations in subparts affected by the rule in
accordance with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S.C. 610 (FAR Case 2011-018) in
all correspondence.
V. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) does apply;
however, these changes to the FAR do not imposed additional information
collection requirements to the paperwork burden previously approved
under the Office of Management and Budget Control Number 1215-0017,
titled: Records to be Kept by Employers-FLSA; 1215-0119, titled:
Requirements of a Bono Fide Thrift or Savings Plan; 1215-0140, titled:
Affected Public: Business or other for-profit; Federal Government;
State, Local or Tribal Government; 1215-0149, titled: Optional Use
Payroll Form under the Davis-Bacon Act; 1215-0150, titled:
Nondisplacement of Qualified Workers Under Service Contracts; 9000-
0014, titled: Statement and Acknowledgement; 9000-0024, titled: Buy
American Act Certificate; 9000-0025, titled: Trade Agreement
Certificate; 9000-0035, titled: Claims and Appeals; 9000-0045, titled:
Bid Guarantees, Performance and Payment Bonds, and Alternative Payment
Protections; 9000-0070, titled: Payments; 9000-0089, titled: Request
for Authorization of Additional Classification and Rate, Standard Form
1444; 9000-0090, titled: Rights in Data and Copyrights; 9000-0091,
titled: Anti-Kickback Procedures; 9000-0094, titled: Debarment and
Suspension; 9000-0102, titled: Prompt Payment; 9000-0113, titled:
Acquisition of Helium; 9000-0130, titled: Buy American Act-Free Trade
Agreements-Israeli Trade Act Certificate; 9000-135, titled: Prospective
Subcontractor Requests for Bonds; 9000-0136, titled: Commercial Item
Acquisitions; 9000-0138, titled: Contract Financing; 9000-0141, titled:
Buy American Act--Construction; 9000-0154, titled: Davis Bacon Act--
Price Adjustments (Actual Method).
List of Subjects in 48 CFR Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,
12, 13, 14, 15, 16, 17, 19, 22, 23, 24, 25, 26, 27, 28, 30, 31, 32,
33, 36, 37, 38, 39, 41, 42, 43, 44, 46, 47, 48, 50, 51, 52, and 53.
Government procurement.
Dated: August 30, 2012.
Laura Auletta,
Director, Office of Governmentwide Acquisition Policy, Office of
Acquisition Policy, Office of Governmentwide Policy.
Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 1, 2,
3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 22, 23, 24,
25, 26, 27, 28, 30, 31, 32, 33, 36, 37, 38, 39, 41, 42, 43, 44, 46, 47,
48, 50, 51, 52, and 53 as set forth below:
1. The authority citation for 48 CFR parts 1, 2, 3, 4, 5, 6, 7, 8,
9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 22, 23, 24, 25, 26, 27, 28, 30,
31, 32, 33, 36, 37, 38, 39, 41, 42, 43, 44, 46, 47, 48, 50, 51, 52, and
53 is revised to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM
2. Amend section 1.103 by revising paragraph (a) to read as
follows:
1.103 Authority.
(a) The development of the FAR System is in accordance with the
requirements of (41 U.S.C. chapter 13, Acquisition Councils).
* * * * *
1.106 [Amended]
3. Amend section 1.106 by removing from the introductory paragraph
``(Pub. L. 96-511)'' and adding ``(44 U.S.C. chapter 35)'' in its
place.
4. Amend section 1.107 by revising the introductory paragraph to
read as follows:
1.107 Certifications.
In accordance with 41 U.S.C. 1304, a new requirement for a
certification by a contractor or offeror may not be included in this
chapter unless--
* * * * *
5. Amend section 1.109 by removing from paragraph (a) ``41 U.S.C.
431a'' and adding ``41 U.S.C. 1908'' in its place; and revising
paragraph (c) to read as follows:
1.109 Statutory acquisition-related dollar thresholds--adjustment for
inflation.
* * * * *
(c) The statute does not permit escalation of acquisition-related
dollar
[[Page 57952]]
thresholds established by 40 U.S.C. chapter 31, subchapter IV, Wage
Rate Requirements (Construction 41 U.S.C. chapter 67, Service Contract
Labor Standards; or the United States Trade Representative pursuant to
the authority of the Trade Agreements Act of 1979 (19 U.S.C. 2511 et
seq.).
* * * * *
6. Add section 1.110 to read as follows:
1.110 Positive Law codification.
(a) Public Law 107-217 revised, codified, and enacted as title 40,
United States Code, Public Buildings, Property, and Works, certain
general and permanent laws of the United States.
(b) Public Law 111-350 revised, codified, and enacted as title 41,
United States Code, Public Contracts, certain general and permanent
laws of the United States.
(c) The following table provides cross references between the
historical titles of the acts, and the current reference in title 40 or
title 41.
------------------------------------------------------------------------
Division/chapter/
Historical title of Act subchapter Title
------------------------------------------------------------------------
Anti-Kickback Act........... 41 U.S.C. chapter 87 Kickbacks.
Brooks Architect-Engineer 40 U.S.C. chapter 11 Selection of
Act. Architects and
Engineers.
Buy American Act............ 41 U.S.C.chapter 83. Buy American.
Contract Disputes Act of 41 U.S.C.chapter 71. Contract Disputes.
1978.
Contract Work Hours and 40 U.S.C. chapter 37 Contract Work Hours
Safety Standards Act. and Safety
Standards.
Davis-Bacon Act............. 40 U.S.C. chapter Wage Rate
31, Subchapter IV. Requirements
(Construction).
Drug-Free Workplace Act..... 41 U.S.C.chapter 81. Drug-Free Workplace.
Federal Property and 41 U.S.C. Div. C of Procurement.
Administrative Services Act subtitle I*.
of 1949, Title III.
Javits-Wagner-O'Day Act..... 41 U.S.C. chapter 85 Committee for
Purchase from
People Who Are
Blind or Severely
Disabled.
Miller Act.................. 40 U.S.C. chapter Bonds.
31, subchapter III.
Office of Federal 41 U.S.C. Div. B of Office of Federal
Procurement Policy Act. subtitle I**. Procurement Policy.
Procurement Integrity Act... 41 U.S.C. chapter 21 Restrictions on
Obtaining and
Disclosing Certain
Information.
Service Contract Act of 1965 41 U.S.C. chapter 67 Service Contract
Labor Standards.
Truth in Negotiations Act... 41 U.S.C. chapter 35 Truthful Cost or
Pricing Data.
Walsh-Healey Public 41 U.S.C. chapter 65 Contracts for
Contracts Act. Materials,
Supplies, Articles,
and Equipment
Exceeding $15,000.
------------------------------------------------------------------------
* Except sections 3302, 3501(b), 3509, 3906, 4710, and 4711.
** Except sections 1704 and 2303.
7. Amend section 1.301 by revising the first sentence of paragraph
(b) to read as follows:
1.301 Policy.
* * * * *
(b) Agency heads shall establish procedures to ensure that agency
acquisition regulations are published for comment in the Federal
Register in conformance with the procedures in subpart 1.5 and as
required by 41 U.S.C. 1707, and other applicable statutes, when they
have a significant effect beyond the internal operating procedures of
the agency or have a significant cost or administrative impact on
contractors or offerors. * * *
* * * * *
1.501-1 [Amended]
8. Amend section 1.501-1 by removing from the first sentence
``having a significant'' and adding ``and which have a significant'' in
its place.
1.602-3 [Amended]
9. Amend section 1.602-3 by removing from paragraph (b)(5) ``under
the Contract Disputes Act of 1978'' and adding ``under 41 U.S.C.
chapter 71, Contract Disputes,'' in its place.
1.603-1 [Amended]
10. Amend section 1.603-1 by removing ``Subsection 414(4) of Title
41, United States Code,'' and adding ``41 U.S.C. 1702(b)(3)(F)'' in its
place.
PART 2--DEFINITIONS OF WORDS AND TERMS
11. Amend section 2.101 in paragraph (b) by--
a. Removing from the definition ``Certified cost or pricing data''
the citation ``41 U.S.C. 254b)'' and adding ``41 U.S.C. chapter 35)''
in its place;
b. Removing from the definition ``Chief Acquisition Officer'' the
words ``to the Services Acquisition Reform Act of 2003, Section 1421 of
Public Law 108-136'' and adding ``41 U.S.C. 1702'' in its place;
c. Removing from the definition ``Claim'' the words ``the Contract
Disputes Act of 1978'' and ``by the Act'' and adding ``41 U.S.C.
chapter 71, Contract Disputes,'' and ``by the statute'' in its place,
respectively;
d. Removing from the definition ``Commercially available off-the-
shelf (COTS) item'', in paragraph (2), ``section 3 of the Shipping Act
of 1984 (46 U.S.C. App. 1702)'' and adding ``46 U.S.C. 40102(4),'' in
its place;
e. Removing from the first sentence of the definition ``Cost or
pricing data'' the words ``41 U.S.C. 254b)'' and adding ``41 U.S.C.
chapter 35) in its place;
f. Removing from the definition ``Humanitarian or peacekeeping
operation'' the citation ``41 U.S.C. 259(d)'' and adding ``41 U.S.C.
153(2)'' in its place;
g. Revising the definition ``Ineligible'';
h. Removing from the definition ``Major system'', in paragraph (3),
``41 U.S.C. 403'' and adding ``41 U.S.C. 109'' in its place;
i. Revising the definition ``Micro-purchase threshold'';
j. Revising the definition ``Senior procurement executive'';
k. Removing from the definition ``Simplified acquisition
threshold'' in the introductory paragraph, ``(41 U.S.C. 428a)'' and
adding ``(41 U.S.C. 1903)'' in its place;
l. Removing from the definition ``Technical data'' the words ``(See
41 U.S.C. 403(8))'' and adding ``(See 41 U.S.C. 116)'' in its place;
and
m. Revising the definition ``Value engineering'' to read as
follows:
2.101 Definitions.
* * * * *
(b) * * *
(2) * * *
Ineligible means excluded from Government contracting (and
subcontracting, if appropriate) pursuant to statutory, Executive order,
or regulatory authority other than this regulation (48 CFR Chapter 1)
and its implementing and supplementing regulations; for example,
pursuant to--
[[Page 57953]]
(1) 40 U.S.C. chapter 31, subchapter IV, Wage Rate Requirements
(Construction), and its related statutes and implementing regulations;
(2) 41 U.S.C. chapter 67, Service Contract Labor Standards;
(3) The Equal Employment Opportunity Acts and Executive orders;
(4) 41 U.S.C. chapter 65, Contracts for Material, Supplies,
Articles, and Equipment Exceeding $15,000;
(5) 41 U.S.C. chapter 83, Buy American; or
(6) The Environmental Protection Acts and Executive orders.
* * * * *
Micro-purchase threshold means $3,000, except it means--
(1) For acquisitions of construction subject to 40 U.S.C. chapter
31, subchapter IV, Wage Rate Requirements (Construction), $2,000;
(2) For acquisitions of services subject to 41 U.S.C. chapter 67,
Service Contract Labor Standards, $2,500; and
(3) For acquisitions of supplies or services that, as determined by
the head of the agency, are to be used to support a contingency
operation or to facilitate defense against or recovery from nuclear,
biological, chemical or radiological attack as described in
13.201(g)(1), except for construction subject to 40 U.S.C. chapter 31,
subchapter IV, Wage Rate Requirements (Construction) (41 U.S.C. 1903]--
(i) $15,000 in the case of any contract to be awarded and
performed, or purchase to be made, inside the United States; and
(ii) $30,000 in the case of any contract to be awarded and
performed, or purchase to be made, outside the United States.
* * * * *
Senior procurement executive means the individual appointed
pursuant to 41 U.S.C. 1702(c) who is responsible for management
direction of the acquisition system of the executive agency, including
implementation of the unique acquisition policies, regulations, and
standards of the executive agency.
* * * * *
Value engineering means an analysis of the functions of a program,
project, system, product, item of equipment, building, facility,
service, or supply of an executive agency, performed by qualified
agency or contractor personnel, directed at improving performance,
reliability, quality, safety, and life-cycle costs 41 U.S.C. 1711). For
use in the clause at 52.248-2, see the definition at 52.248-2(b).
* * * * *
PART 3--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
12. Amend section 3.104-1 in the definition ``Contractor bid or
proposal information'' by revising paragraph (1); and removing from the
definition ``Federal agency procurement'' the words ``of the Act'' and
adding ``of 41 U.S.C. chapter 21'' in its place.
The revised text reads as follows:
3.104-1 Definitions.
* * * * *
Contractor bid or proposal information * * *
(1) Cost or pricing data (as defined by 10 U.S.C. 2306a(h)) with
respect to procurements subject to that section, and 41 U.S.C.
3501(a)(2), with respect to procurements subject to that section.
* * * * *
13. Amend section 3.104-2 by revising paragraph (a) to read as
follows:
3.104-2 General.
(a) This section implements 41 U.S.C. chapter 21, Restrictions on
Obtaining and Disclosing Certain Information. Agency supplementation of
3.104, including specific definitions to identify individuals who
occupy positions specified in 3.104-3(d)(1)(ii), and any clauses
required by 3.104 must be approved by the senior procurement executive
of the agency, unless a law establishes a higher level of approval for
that agency.
* * * * *
3.104-3 [Amended]
14. Amend section 3.104-3 by--
a. Removing from the introductory text of paragraph (a)
``(subsection 27(a) of the Act)'' and adding ``(41 U.S.C. 2102)'' in
its place;
b. Removing from paragraph (b) ``(subsection 27(b) of the Act)''
and adding ``(41 U.S.C. 2102)'' in its place;
c. Removing from the introductory text of paragraph (c)
``(subsection 27(c) of the Act)'' and adding ``(41 U.S.C. 2103)'' in
its place;
d. Removing from paragraph (c)(4) ``(subsection 27(c) of the Act)''
and adding ``(41 U.S.C. 2103)'' in its place; and
e. Removing from the introductory text of paragraph (d)
``subsection 27(d) of the Act'' and adding ``(41 U.S.C. 2103)'' in its
place.
3.104-4 [Amended]
15. Amend section 3.104-4 by removing from paragraph (f)(1)
``section 27 of the Act'' and adding ``41 U.S.C. chapter 21'' in its
place.
3.104-6 [Amended]
16. Amend section 3.104-6 by removing from paragraphs (a), (c), and
(d)(3) ``subsection 27(d) of the Act'' and adding ``41 U.S.C. 2104'' in
its place.
3.104-7 [Amended]
17. Amend section 3.104-7 by--
a. Removing from the introductory text of paragraph (a)
``subsection 27(a), (b), (c), or (d) of the Act'' and adding ``41
U.S.C. 2102, 2103 or 2104'' in its place;
b. Removing from paragraph (b)(5) ``subsection 27(e) of the Act''
and adding ``41 U.S.C. 2105'' in its place;
c. Removing from paragraph (c) ``the Act'' and adding ``41 U.S.C.
chapter 21'' in its place; and
d. Removing from the introductory text of paragraph (d) ``section
27 of the Act'' and adding ``41 U.S.C. chapter 21'' in its place;
e. Removing from paragraph (d)(2)(ii)(A) ``subsections 27(a) or (b)
of the Act'' and adding ``41 U.S.C. 2102'' in its place; and
f. Removing from paragraph (d)(2)(ii)(B) ``subsection 27(c)(1) of
the Act'' and adding ``41 U.S.C. 2105(a)'' in its place.
3.104-8 [Amended]
18. Amend section 3.104-8 by removing from the introductory
paragraph ``the Act'' and adding 41 U.S.C. chapter 21'' in its place;
and removing from paragraphs (a) and (b) ``subsection 27(e) of the
Act'' and adding ``41 U.S.C. 2105'' in its place.
3.303 [Amended]
19. Amend section 3.303 by removing from paragraph (a) ``41 U.S.C.
253b(i)'' and adding ``41 U.S.C. 3707'' in its place; and removing from
paragraph (c)(5) ``let by'' and adding ``awarded by'' in its place.
3.400 [Amended]
20. Amend section 3.400 by removing ``41 U.S.C. 254(a)'' and adding
``41 U.S.C. 3901'' in its place.
3.402 [Amended]
21. Amend section 3.402 by removing from the introductory paragraph
``41 U.S.C. 254(a)'' and adding ``41 U.S.C. 3901'' in its place.
3.502-1 [Amended]
22. Amend section 3.502-1 by removing from the definition
``Kickback'' ``, directly or indirectly,''.
23. Amend section 3.502-2 by--
a. Revising the introductory text, and paragraphs (d)(3) and (g);
b. Removing from the introductory text of paragraph (h), and
paragraphs (i)(1), and (i)(2) ``the Act'' and adding ``Kickbacks
statute'' in its place; and
[[Page 57954]]
c. Revising (j) to read as follows:
3.502-2 Subcontractor Kickbacks.
The Anti-Kickback Act of 1986 (now codified at 41 U.S.C. chapter
87, Kickbacks,) was passed to deter subcontractors from making payments
and contractors from accepting payments for the purpose of improperly
obtaining or rewarding favorable treatment in connection with a prime
contractor a subcontract relating to a prime contract. The Kickbacks
statute--
* * * * *
(d) Provides that--
(3) An offset under subparagraph (d)(1) or a direction under
subparagraph (d)(2) of this subsection is a claim by the Government for
the purposes of 41 U.S.C. chapter 71, Contract Disputes.
* * * * *
(g) Requires a prime contractor or subcontractor to report in
writing to the inspector general of the contracting agency, the head of
the contracting agency if the agency does not have an inspector
general, or the Attorney General any possible violation of the
Kickbacks statute when the prime contractor or subcontractor has
reasonable grounds to believe such violation may have occurred.
* * * * *
(j) Notwithstanding paragraph (i) of this subsection, a prime
contractor shall cooperate fully with any Federal Government agency
investigating a violation of 41 U.S.C. 8702 (See also 41 U.S.C.
8703(b)).
3.503-1 [Amended]
24. Amend section 3.503-1 by removing ``41 U.S.C. 253g'' and adding
``41 U.S.C. 4704'' in its place.
25. Amend section 3.703 by revising the introductory text of
paragraph (b) and (b)(1) to read as follows:
3.703 Authority.
* * * * *
(b) 41 U.S.C. 2105(c) requires a Federal agency, upon receiving
information that a contractor or a person has violated 41 U.S.C. 2102,
to consider rescission of a contract with respect to which--
(1) The contractor or someone acting for the contractor has been
convicted for an offense punishable under 41 U.S.C. 2105(a); or
* * * * *
3.704 [Amended]
26. Amend section 3.704 by removing from the introductory text of
paragraph (c) ``subsection 27(e) of the OFPP Act'' and adding ``41
U.S.C. 2105'' in its place.
27. Amend section 3.705 by revising paragraph (e) to read as
follows:
3.705 Procedures.
* * * * *
(e) Final agency decision. The final agency decision shall be based
on the information available to the agency head or designee, including
any pertinent information submitted or, if a hearing was held,
presented at the hearing. If the agency decision declares void and
rescinds the contract, the final decision shall specify the amounts due
and property to be returned to the agency, and reflect consideration of
the fair value of any tangible benefits received and retained by the
agency. Notice of the decision shall be sent promptly by certified
mail, return receipt requested. Rescission of contracts under the
authority of the Act and demand for recovery of the amounts expended
and property transferred therefore, is not a claim within the meaning
of 41 U.S.C. chapter 71, Contract Disputes, or part 33. Therefore, the
procedures required by the statute and the FAR for the issuance of a
final contracting officer decision are not applicable to final agency
decisions under this subpart, and shall not be followed.
28. Amend section 3.900 by revising paragraph (a) to read as
follows:
3.900 Scope of subpart.
(a) Sections 3.901 through 3.906 of this subpart implements 10
U.S.C. 2409 and 41 U.S.C. 4705.
* * * * *
PART 4--ADMINISTRATIVE MATTERS
29. Revise section 4.500 to read as follows:
4.500 Scope of subpart.
This subpart provides policy and procedures for the establishment
and use of electronic commerce in Federal acquisition as required by 41
U.S.C. 2301.
4.502 [Amended]
30. Amend section 4.502 by removing from the introductory text of
paragraph (b) ``Section 30 of the OFPP Act (41 U.S.C. 426)'' and adding
``41 U.S.C. 2301'' in its place.
31. Amend section 4.602 by revising paragraph (a)(2) to read as
follows:
4.602 General.
(a) * * *
* * * * *
(2) A means of measuring and assessing the effect of Federal
contracting on the Nation's economy and the extent to which small,
veteran-owned small, service-disabled veteran-owned small, HUBZone
small, small disadvantaged, women-owned small business concerns, and
AbilityOne nonprofit agencies operating under 41 U.S.C. chapter 85,
Committee for Purchase from People Who Are Blind or Severely Disabled,
are sharing in Federal contracts;
* * * * *
4.805 [Amended]
32. Amend section 4.805 by removing from paragraph (b)(1) ``Act''
and adding ``statute'' in its place.
4.1202 [Amended]
33. Amend section 4.1202 by--
(a) Removing from paragraphs (p) and (q) ``Act'' and adding ``Labor
Standards'' in its place;
(b) Removing from paragraph (u) ``Buy American Act'' and adding
``Buy American Certificate.'' in their places; and
(c) Removing from paragraph (v) ``Buy American Act'' and adding
``Buy American-Free'' in its place.
PART 5--PUBLICIZING CONTRACT ACTIONS
34. Amend section 5.101 by revising the introductory text of
paragraph (a) to read as follows:
5.101 Methods of disseminating information.
(a) As required by the Small Business Act (15 U.S.C. 637(e)) and 41
U.S.C. 1708, contracting officers must disseminate information on
proposed contract actions as follows:
* * * * *
35. Amend section 5.201 by revising paragraph (a) to read as
follows:
5.201 General.
(a) As required by the Small Business Act (15 U.S.C. 637(e)) and 41
U.S.C. 1708, agencies must make notices of proposed contract actions
available as specified in paragraph (b) of this section.
* * * * *
36. Amend section 5.202 by revising paragraph (a)(4) to read as
follows:
5.202 Exceptions.
* * * * *
(a) * * *
(4) The proposed contract action is expressly authorized or
required by a statute to be made through another Government agency,
including acquisitions from the Small Business Administration (SBA)
using the authority of section 8(a) of the Small Business Act (but see
5.205(f)), or from a specific source such as a workshop for the blind
under the rules of the
[[Page 57955]]
Committee for the Purchase from People Who Are Blind or Severely
Disabled;
* * * * *
37. Amend section 5.207 by removing from paragraph (c)(14)(i)
``Act''; and revising paragraph (c)(14)(iii) to read as follows:
5.207 Preparation and transmittal of synopses.
* * * * *
(c) * * *
(14) * * *
(iii) If the solicitation will include the FAR clause at 52.225-11,
Buy American-Construction Materials under Trade Agreements, 52.225-23,
Required Use of American Iron, Steel, and Manufactured Goods--Buy
American Statute--Construction Materials under Trade Agreements, or an
equivalent agency clause, insert the following notice in the synopsis:
``One or more of the items under this acquisition is subject to the
World Trade Organization Government Procurement Agreement and Free
Trade Agreements.''
* * * * *
PART 6--COMPETITION REQUIREMENTS
6.000 [Amended]
38. Amend Section 6.000 by removing ``and competition advocates''
and adding ``and advocates for competition'' in its place.
6.101 [Amended]
39. Amend section 6.101 by removing from paragraphs (a) and (b)
``41 U.S.C. 253'' and adding ``41 U.S.C. 3301'' in their places.
6.102 [Amended]
40. Amend section 6.102 by removing from paragraph (d)(3) ``41
U.S.C. 259(b)(3)(A)'' and adding ``41 U.S.C. 152(3)(A)'' in its place.
6.301 [Amended]
41. Amend section 6.301 by removing from paragraph (a) ``41 U.S.C.
253(c)'' and adding ``41 U.S.C. 3304'' in its place (twice).
6.302-1 [Amended]
42. Amend section 6.302-1 by--
(a) Removing from paragraph (a)(1) ``41 U.S.C. 253(c)(1)'' and
adding ``41 U.S.C. 3304(a)(1)'';
(b) Removing from paragraph (a)(2)(i)(C) ``41 U.S.C. 253(d)(1)(A)''
and adding ``41 U.S.C. 3304(b)(1)''; and
(c) Removing from paragraph (a)(2)(ii)(B) ``41 U.S.C.
253(d)(1)(B)'' and adding ``41 U.S.C. 3304(b)(2)'' in its place.
6.302-2 [Amended]
43. Amend section 6.302-2 by removing from paragraph (a)(1) ``41
U.S.C. 253(c)(2)'' and adding ``41 U.S.C. 3304(a)(2)'' in its place.
6.302-3 [Amended]
44. Amend section 6.302-3 by removing from paragraph (a)(1) ``41
U.S.C. 253(c)(3)'' and adding ``41 U.S.C. 3304(a)(3)'' in its place.
6.302-4 [Amended]
45. Amend section 6.302-4 by removing from paragraph (a)(1) ``41
U.S.C. 253(c)(4)'' and adding ``41 U.S.C. 3304(a)(4)'' in its place.
46. Amend section 6.302-5 by revising paragraphs (a)(1), (b)(2),
(c)(1)(ii), and (c)(1)(iii) to read as follows:
6.302-5 Authorized or required by statute.
(a) Authority. (1) Citations: 10 U.S.C. 2304(c)(5) or 41 U.S.C.
3304(a)(5).
* * * * *
(b) * * *
(2) Qualified nonprofit agencies for the blind or other severely
disabled--41 U.S.C. chapter 85, Committee for Purchase From People Who
Are Blind or Severely Disabled (see subpart 8.7).
* * * * *
(c) Limitations.
(1) * * *
(ii) Refers to 10 U.S.C. 2304(k) for armed services acquisitions or
41 U.S.C. 3105 for civilian agency acquisitions; and
(iii) States that award to that entity shall be made in
contravention of the merit-based selection procedures in 10 U.S.C.
2304(k) or 41 U.S.C. 3105, as appropriate. However, this limitation
does not apply--
* * * * *
6.302-6 [Amended]
47. Amend section 6.302-6 by removing from paragraph (a)(1) ``41
U.S.C. 253(c)(6)'' and adding ``41 U.S.C. 3304(a)(6)'' in its place.
6.302-7 [Amended]
48. Amend section 6.302-7 by removing from paragraph (a)(1) ``41
U.S.C. 253(c)(7)'' and adding ``41 U.S.C. 3304(a)(7)'' in its place.
6.304 [Amended]
49. Amend section 6.304 by removing from paragraph (a)(2) ``by the
competition advocate'' and adding ``by the advocate for competition'';
and by removing from paragraph (a)(4) ``the OFPP Act (41 U.S.C.
414(3))'' and adding ``41 U.S.C. 1702(c)'' in its place.
6.305 [Amended]
50. Amend section 6.305 by removing from paragraph (a) ``41 U.S.C.
253(j).'' and adding ``41 U.S.C. 3304(f).'' in its place.
51. Amend subpart 6.5 by revising the heading as set forth below:
SUBPART 6.5--ADVOCATES FOR COMPETITION
52. Amend section 6.501 by revising the introductory paragraph to
read as follows:
6.501 Requirement.
As required by 41 U.S.C. 1705, the head of each executive agency
shall designate an advocate for competition for the agency and for each
procuring activity of the agency. The advocates for competition shall--
* * * * *
6.502 [Amended]
53. Amend section 6.502 by removing from paragraphs (a) and (b)
``competition advocates'' and adding ``advocates for competition'' in
their places.
PART 7--ACQUISTION PLANNING
7.102 [Amended]
54. Amend section 7.102 by removing from paragraph (a)(1) ``41
U.S.C. 251, et seq.'' and adding ``41 U.S.C. 3307'' in its place; and
removing from paragraph (a)(2) ``10 U.S.C. 2301(a)(5) and 41 U.S.C.
253a(a)(1)'' and adding ``10 U.S.C. 2305(a)(1)(A) and 41 U.S.C.
3306(a)(1)'' in its place.
7.103 [Amended]
55. Amend section 7.103 by--
a. Removing from paragraph (a) ``41 U.S.C. 253a(a)(1))'' and adding
``10 U.S.C. 2305(a)(1)(A) and 41 U.S.C. 3306(a)(1)'' in its place;
b. Removing from paragraph (b) ``41 U.S.C. 251, et seq.'' and
adding ``41 U.S.C 3307'' in its place; and
c. Removing from paragraph (c) ``41 U.S.C. 253a(a)(1)'' and adding
``41 U.S.C. 3306(a)(1)'' in its place.
7.104 [Amended]
56. Amend section 7.104 by removing from paragraph (c)
``competition advocate'' and adding ``advocate for competition'' in its
place.
7.108 [Amended]
57. Amend section 7.108 by removing from the introductory paragraph
``section 1428 of Public Law 108-136'' and adding ``41 U.S.C. 3306(f)''
in its place.
[[Page 57956]]
7.202 [Amended]
58. Amend section 7.202 by removing from paragraph (a) ``10 U.S.C.
2384(a) and 41 U.S.C. 253f'' and adding ``10 U.S.C. 2384a and 41 U.S.C.
3310'' in its place.
PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES
8.401 [Amended]
59. Amend section 8.401 in the definition ``Multiple Award Schedule
(MAS)'' by removing ``Title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251, et seq.) and
Title'' and adding ``41 U.S.C. 152(3), Competitive Procedures, and'' in
its place.
8.403 [Amended]
60. Amend section 8.403 by removing from the introductory text of
paragraph (c) ``Public Law 108-136'' and adding ``Public Law 108-136
(40 U.S.C. 1103 note)'' in its place.
8.405-3 [Amended]
61. Amend section 8.405-3 by removing from paragraph (e)(3)
``competition advocate'' and adding ``advocate for competition'' in its
place.
8.405-6 [Amended]
62. Amend section 8.405-6 by removing from paragraph (d)(2)
``competition advocate'' and adding ``advocate for competition'' in its
place.
8.602 [Amended]
63. Amend section 8.602 by removing from the introductory text of
paragraph (a) ``(Pub. L. 108-447)'' and adding ``(Pub. L. 108-447) (18
U.S.C. 4124 note)'' in its place.
64. Amend section 8.603 by revising the introductory text of
paragraph (a); and removing from paragraph (a)(1) ``(41 U.S.C. 48)''
and adding ``(41 U.S.C. 8504)'' in its place.
The revised text reads as follows:
8.603 Purchase priorities.
FPI and nonprofit agencies participating in the AbilityOne Program
under 41 U.S.C. chapter 85, Committee for Purchase from People Who Are
Blind or Severely Disabled (see Subpart 8.7), may produce identical
supplies or services. When this occurs, ordering offices shall purchase
supplies and services in the following priorities:
* * * * *
65. Revise section 8.700 to read as follows:
8.700 Scope of subpart.
This subpart prescribes the policies and procedures for
implementing--
(a) 41 U.S.C. chapter 85, Committee for Purchase from People Who
Are Blind or Severely Disabled; and
(b) The rules of the Committee Purchase from People Who Are Blind
or Severely Disabled (41 CFR Chapter 51), which implements the
AbilityOne program.
8.701 [Amended]
66. Amend section 8.701 by--
a. Removing from the definition ``Procurment List'' ``the Javits-
Wagner-O'Day Act'' and adding ``41 U.S.C. chapter 85'' in its place;
and
b. Removing from the definition ``Nonprofit agency serving people
who are blind,'' the words ``the Act'' and adding ``41 U.S.C. chapter
85'' in its place.
8.702 [Amended]
67. Amend section 8.702 by removing from paragraph (c) ``the
Javits-Wagner-O'Day Act'' and adding ``41 U.S.C. chapter 85'' in its
place.
8.704 [Amended]
68. Amend section 8.704 by removing from the introductory text of
paragraph (a) ``The Javits-Wagner-O'Day Act'' and adding ``41. U.S.C.
chapter 85'' in its place; and removing from paragraph (a)(1)(i) ``(41
U.S.C. 48)'' and adding ``(41 U.S.C. 8504)'' in its place.
8.1104 [Amended]
69. Amend section 8.1104 by removing from paragraph (e)(3) ``Walsh-
Healey Public Contracts Act'' and adding ``Contracts for Materials,
Supplies. Articles, and Equipment Exceeding $15,000'' in its place.
PART 9--CONTRACTOR QUALIFICATIONS
9.102 [Amended]
70. Amend section 9.102 by removing from paragraph (b)(3) ``the
blind or other severely handicapped'' and adding ``people who are blind
or severely disabled'' in its place.
71. Amend section 9.107 by revising the section heading; and
removing from paragraph (a) ``41. U.S.C. 46-48c'' and adding ``41
U.S.C. chapter 85'' in its place. The revised text reads as follows:
9.107 Surveys of nonprofit agencies participating in the AbilityOne
Program.
* * * * *
9.200 [Amended]
72. Amend section 9.200 by removing ``41 U.S.C. 253(e)'' and adding
``41 U.S.C. 3311'' in its place.
9.202 [Amended]
73. Amend section 9.202 by removing from paragraph (b)
``competition advocate'' and adding '' advocate for competition'' in
its place (twice).
9.402 [Amended]
74. Amend section 9.402 by removing from paragraph (d) ``(Pub. L.
110-417)'' and adding ``(Pub. L. 110-417) (31 U.S.C. 6101 note)'' in
its place.
75. Amend section 9.406-2 by revising the introductory text of
paragraph (b)(1)(ii) to read as follows:
9.406-2 Causes for debarment.
* * * * *
(b) * * *
(ii) Violations of 41 U.S.C. chapter 81, Drug-Free Workplace, as
indicated by--
* * * * *
9.406-4 [Amended]
76. Amend section 9.406-4 by removing from paragraph (a)(1)(i)
``the Drug-Free Workplace Act of 1988'' and adding ``41 U.S.C. chapter
81, Drug Free Workplace'' in its place.
77. Amend section 9.407-2 by revising the introductory text of
paragraph (a)(4) to read as follows:
9.407-2 Causes for suspension.
(a) * * *
(4) Violations of 41 U.S.C. chapter 81, Drug-Free Workplace, as
indicated by--
* * * * *
PART 10--MARKET RESEARCH
10.000 [Amended]
78. Amend section 10.000 by removing ``41 U.S.C. 253a(a)(1), 41
U.S.C. 264b'' and adding ``41 U.S.C. 3306(a)(1), 41 U.S.C. 3307'' in
its place.
PART 11--DESCRIBING AGENCY NEEDS
11.002 [Amended]
79. Amend section 11.002 by removing from the introductory text of
paragraph (a) ``41 U.S.C. 253a(a), and 41 U.S.C. 264b'' and adding ``41
U.S.C. 3306(a), and 41 U.S.C. 3307'' in its place.
11.103 [Amended]
80. Amend section 11.103 by removing from the introductory text of
paragraph (a) ``Section 8002(c) of Pub. L. 103-355'' and adding ``41
U.S.C. 3307(e)'' in its place.
11.500 [Amended]
81. Amend section 11.500 by removing ``Act'' and adding ``statute''
in its place.
[[Page 57957]]
PART 12--ACQUISITION OF COMMERCIAL ITEMS
12.000 [Amended]
82. Amend section 12.000 by removing ``Title VIII of the Federal
Acquisition Streamlining Act of 1994 (Public Law 103-355)'' and adding
``41 U.S.C. 1906, 1907, and 3307 and 10 U.S.C. 2375-2377'' in its
place.
12.102 [Amended]
83. Amend section 12.102 by removing from the introductory text of
paragraph (g)(1) ``section 1431 of the National Defense Authorization
Act for Fiscal Year 2004 (Public law 108-136) (41 U.S.C. 437)'' and
adding ``41 U.S.C. 2310'' in its place.
84. Revise section 12.103 to read as follows:
12.103 Commercially available of-the-shelf (COTS) items.
Commercially available off-the-shelf (COTS) items are defined in
2.101. Unless indicated otherwise, all of the policies that apply to
commercial items also apply to COTS items. Section 12.505 lists the
laws that are not applicable to COTS items (in addition to 12.503 and
12.504); the components test of the Buy American statute, and the two
recovered materials certifications in Subpart 23.4, do not apply to
COTS items.
85. Revise section 12.201 to read as follows:
12.201 General.
This subpart identifies special requirements for the acquisition of
commercial items intended to more closely resemble those customarily
used in the commercial marketplace, as well as other considerations
necessary for proper planning, solicitation, evaluation, and award of
contracts for commercial items.
12.301 [Amended]
86. Amend section 12.301 by removing from the introductory text of
paragraph (a) ``Section 8002 of Public Law 103-355 (41 U.S.C. 264,
note)'' and adding ``41 U.S.C. 3307'' in its place.
12.404 [Amended]
87. Amend section 12.404 by removing from the introductory text of
paragraph (b) ``The Federal Acquisition Streamlining Act of 1994 (41
U.S.C. 264 note)'' and adding ``41 U.S.C. 3307(e)(5)(B)'' in its place.
12.500 [Amended]
88. Amend section 12.500 by removing from the introductory text of
paragraph (a) ``sections 34 and 35 of the Office of Federal Procurement
Policy Act (41 U.S.C. 430 and 431)'' and adding ``41 U.S.C. 1906 and
1907'' in its place.
12.502 [Amended]
89. Amend section 12.502 by removing from paragraph (b) ``and
Commercial Components''.
90. Amend section 12.503 by--
a. Revising paragraphs (a)(1) through (a)(4), (a)(7), (a)(8),
(b)(1), and (b)(2);
b. Removing from paragraph (c)(1) ``41 U.S.C. 253g'' and adding
``41 U.S.C. 4704'' in its place;
c. Revising paragraph (c)(2); and
d. Removing from paragraph (c)(3) ``41 U.S.C. 422'' and adding ``41
U.S.C. chapter 15'' in its place.
The revised text reads as follows:
12.503 Applicability of certain laws to executive agency contracts for
the acquisition of commercial items.
(a) * * *
(1) 41 U.S.C. chapter 65, Contracts for Materials, Supplies,
Articles, and Equipment Exceeding $15,000 (see subpart 22.6).
(2) 41 U.S.C. 3901(b) and 10 U.S.C. 2306(b), Contingent Fees (see
3.404).
(3) 41 U.S.C. 1708(e)(3), Minimum Response Time for Offers (see
5.203).
(4) 41 U.S.C. chapter 81, Drug-Free Workplace (see 23.501).
* * * * *
(7) Section 806(a)(3) of Pub. L. 102-190, as amended by Sections
2091 and 8105 of Pub. L. 103-355 (10 U.S.C. 2302 note), Payment
Protections for Subcontractors and Suppliers (see 28.106-6).
(8) 41 U.S.C. 4706(d)(1) and 10 U.S.C. 2313(c)(1), GAO Access to
Contractor Employees, Section 871 of Pub. L. 110-417 (see 52.214-26 and
52.215-2).
* * * * *
(b) * * *
(1) 40 U.S.C. chapter 37, Requirement for a certificate and clause
under the Contract Work Hours and Safety Standards statute (see
22.305).
(2) 41 U.S.C. 8703 and 8704, Requirement for a clause and certain
other requirements related to kickbacks (see 3.502).
* * * * *
(c) * * *
(2) 41 U.S.C. chapter 35, Truthful Cost or Pricing Data, and 10
U.S.C. 2306a, Truth in Negotiations (see 15.403).
* * * * *
91. Amend section 12.504 by--
a. Revising paragraph (a)(4) through (a)(6);
b. Removing from paragraph (a)(7) ``41 U.S.C. 254d(c)'' and adding
``41 U.S.C. 1708(e)(3)'' in its place;
c. Revising paragraphs (a)(8) through (a)(10);
d. Removing from paragraph (a)(13) ``Pub. L. 103-355'' and adding
``Pub. L. 103-355 (10 U.S.C. 2302 note)'' in its place;
e. Removing from paragraph (b) ``Act, 40 U.S.C. 3701, et seq.'' and
adding ``statute, 40 U.S.C. chapter 37'' in its place; and
f. Revising paragraphs (c)(1) through (c)(3).
The revised text reads as follows:
12.504 Applicability of certain laws to subcontracts for the
acquisition of commercial items.
(a) * * *
(4) 41 U.S.C. 6505, Contracts for Materials, Supplies, Articles,
and Equipment Exceeding $15,000 (see Subpart 22.6).
(5) 41 U.S.C. 4703, Validation of Property Data restrictions (see
subpart 27.4).
(6) 41 U.S.C. 3901(b) and 10 U.S.C. 2306(b), Contingent Fees (see
subpart 3.4).
* * * * *
(8) 41 U.S.C. 1708(e)(3), Minimum Response Time for Offers (see
subpart 5.2).
(9) 41 U.S.C. 2302, Rights in Technical Data (see subpart 27.4)
(10) 41 U.S.C. chapter 81, Drug-Free Workplace (see subpart 23.5).
* * * * *
(c) * * *
(1) 41 U.S.C. 4704 and 10 U.S.C. 2402, Prohibition on Limiting
Subcontractor Direct Sales to the United States (see subpart 3.5).
(2) 41 U.S.C. chapter 35, Truthful Cost or Pricing Data, and 10
U.S.C. 2306a, Truth in Negotiations (see subpart 15.4)
(3) 41 U.S.C. chapter 15, Cost Accounting Standards (48 CFR chapter
99) (see 12.214).
92. Amend section 12.505 by revising paragraphs (a)(1) and (a)(2)
to read as follows:
12.505 Applicability of certain laws to contract for the acquisition
of COTS items.
* * * * *
(a)(1) The portion of 41 U.S.C. 8302(a)(1) that reads
``substantially all from articles, materials, or supplies mined,
produced, or manufactured in the Unites States,'' Buy American--
Supplies, component test (see 52.225-1 and 52.225-3).
(2) The portion of 41 U.S.C. 8303(a)(2) that reads ``substantially
all from articles, materials, or supplies mined, produced, or
manufactured in the United States,'' Buy American--Construction
Materials, component test (see 52.225-9 and 52.225-11).
* * * * *
[[Page 57958]]
PART 13--SIMPLIFIED ACQUISITION PROCEDURES
13.005 [Amended]
93. Amend section 13.005 by--
a. Revising the section heading;
b. Removing from the introductory text of paragraph (a)
``threshold'' and adding ``threshold pursuant to 41 U.S.C. 1905'' in
its place;
c. Removing from paragraph (a)(1) ``41 U.S.C. 57(a) and (b) (Anti
Kickback Act of 1986)'' and adding ``41 U.S.C. 8703 (Kickbacks
statute)'' in its place;
d. Removing from paragraph (a)(2) ``40 U.S.C. 3131 (Miller Act).
(Although the Miller Act does'' and adding ``40 U.S.C. 3131 (Bonds
Statute). (Although the Bonds Statute does'' in its place;
e. Revising paragraphs (a)(3), (a)(4), and (a)(6) through (a)(8);
and
f. Removing from paragraph (c)(2) ``Public Law 103-355'' and adding
``Public Law 103-355 41 U.S.C. 1905'' in its place.
The revised text reads as follows:
13.005 List of laws inapplicable to contracts and subcontracts at or
below the simplified acquisition threshold.
(a) * * *
(3) 40 U.S.C. chapter 37 (Contract Work Hours and Safety
Standards--Overtime Compensation).
(4) 41 U.S.C. 8102(a)(1) (Drug-Free Workplace), except for
individuals.
* * * * *
(6) 10 U.S.C. 2306(b) and 41 U.S.C. 3901(b) (Contract Clause
Regarding Contingent Fees).
(7) 10 U.S.C. 2313 and 41 U.S.C. 4706 (Authority to Examine Books
and Records of Contractors).
(8) 10 U.S.C. 2402 and 41 U.S.C. 4704 (Prohibition on Limiting
Subcontractors Direct Sales to the United States).
* * * * *
13.006 [Amended]
94. Amend section 13.006 by removing from paragraph (e) the word
``Act''.
13.302-5 [Amended]
95. Amend section 13.302-5 by removing from the introductory text
of paragraph (d)(3)(i) ``Buy American Act'' and adding ``Buy American''
in its place (two times).
13.500 [Amended]
96. Amend section 13.500 by removing from the introductory text of
paragraph (a) ``41 U.S.C. 253(g) and 253a and 253b'' and adding ``41
U.S.C. 3305, 3306, and chapter 37, Awarding of Contracts'' in its
place; and removing from paragraph (e) ``41 U.S.C. 428a'' and adding
``41 U.S.C. 1903'' in its place.
13.501 [Amended]
97. Amend section 13.501 by--
a. Removing from paragraph (a)(1)(ii) ``(section 4202 of the
Clinger-Cohen Act of 1996 or the authority of the Services Acquisition
Reform Act of 2003 41 U.S.C. 428a)'' and adding ``at 41 U.S.C. 1901 or
the authority of 41 U.S.C. 1903'' in its place; and
b. Removing from paragraph (a)(2)(ii) ``competition advocate'' and
adding ``advocate for competition'' in its place.
PART 14--SEALED BIDDING
14.201-8 [Amended]
98. Amend section 14.201-8 by removing from paragraph (e)
``American Act'' and adding ``American statute'' in its place.
14.404-2 [Amended]
99. Amend section 14.202-2 by removing from paragraph (l) ``41
U.S.C. 15'' and adding ``41 U.S.C. 6305'' in its place.
PART 15--CONTRACTING BY NEGOTIATION
15.207 [Amended]
100. Amend section 15.207 by removing from paragraph (b) ``41
U.S.C. 423'' and adding ``41 U.S.C. chapter 21, Restrictions on
Obtaining and Disclosing Certain Information'' in its place.
15.209 [Amended]
101. Amend section 15.209 by removing from the introductory text of
paragraph (b)(1) ``41 U.S.C. 254d'' and adding ``41 U.S.C. 4706'' in
its place.
15.303 [Amended]
102. Amend section 15.303 by--
a. Removing from paragraph (b)(4) ``10 U.S.C. 2305(b)(1) and 41
U.S.C. 253b(d)(3)'' and adding ``10 U.S.C. 2305(b)(4)(C) and 41 U.S.C.
3703(c)'' in its place; and
b. Removing from paragraph (b)(6) ``10 U.S.C. 2305(b)(4)(B) and 41
U.S.C. 253b(d)(3)'' and adding (10 U.S.C. 2305(b)(4)(C) and 41 U.S.C.
3703(c)'' in its place.
15.304 [Amended]
103. Amend section 15,304 by--
a. Removing from paragraph (c)(1) ``41 U.S.C. 253a(c)(1)(B)'' and
adding 41 U.S.C. 3306(c)(1)(B)'' in its place; and removing from the
end of sentence ``;'' and adding a period in its place;
b. Removing from paragraph (c)(2) ``41 U.S.C. 253a(c)(1)(A); and''
and adding ``3306(c)(1)(A).'' in its place;
c. Removing from paragraph (d) ``41 U.S.C. 253a(b)(1)(A)'' and
adding ``41 U.S.C. 3306(b)(1)(A)'' in its place; and
d. Removing from paragraph (e)(3) ``41 U.S.C. 253a(c)(1)(C)'' and
adding ``41 U.S.C. 3306(c)(1)(C)'' in its place.
15.306 [Amended]
104. Amend section 15.306 by--
a. Removing from paragraph (a)(3) ``41 U.S.C. 253b(d)(1)(B)'' and
adding ``41 U.S.C. 3703(a)(2)'' in its place;
b. Removing from paragraph (c)(2) ``41 U.S.C. 253b(d)'' and adding
``41 U.S.C. 3703'' in its place; and
c. Removing from paragraphs (e)(3) and (e)(5) ``41 U.S.C.
423(h)(1)(2)'' and adding ``41 U.S.C. 2102 and 2107'' in its place (two
times).
15.401 [Amended]
105. Amend section 15.401 by removing from the definition
``Subcontract'' the citation ``41 U.S.C. 254b'' and adding ``41 U.S.C.
chapter 35'' in its place.
106. Amend section 15.403-1 by--
a. Revising the section heading;
b. Removing from paragraph (c)(3)(ii) ``section 868 of Pub. L. 110-
417'' and adding ``41 U.S.C. 3501'' in its place;
c. Removing from paragraph (c)(3)(ii)(A) ``41 U.S.C. 254b'' and
adding ``41 U.S.C. chapter 35 in its place''; and
d. Removing from paragraph (c)(3)(iv) ``41 U.S.C. 428a'' and adding
``41 U.S.C. 1903'' in its place.
The revised text reads as follows:
15.403-1 Prohibition on obtaining certifies cost or pricing data (10
U.S.C. 2306a and 41 U.S.C. chapter 35).
* * * * *
15.403-3 [Amended]
107. Amend section 15.403-3 by--
a. Removing from paragraph (a)(1)(ii) ``41 U.S.C. 254b(d)(1)'' and
adding ``41 U.S.C. 3505(a)'' in its place; and
b. Removing from paragraph (c)(2) 41 U.S.C. 254b(d)(2)'' and adding
``41 U.S.C. 3505(b)'' in its place.
108. Amend section 15.403-4 by revising the section heading to read
as follows:
15.403-4 Requiring certified cost or pricing data (10 U.S.C. 2306a and
41 U.S.C. chapter 35).
* * * * *
15.404-1 [Amended]
109. Amend section 15.404-1 by removing from paragraph (f)(2) ``10
U.S.C. 2304 and 41 U.S.C. 254(d)(5)(A)(i)'' and adding ``10 U.S.C.
2306a(b)(1)(A)(i) and 41 U.S.C. 3503(a)(1)(A)'' in its place.
15.404-2 [Amended]
110. Amend section 15.404-2 by removing from paragraph (c)(2) ``41
[[Page 57959]]
U.S.C. 254d'' and adding ``41 U.S.C. 4706'' in its place.
15.404-4 [Amended]
111. Amend section 15.404-4 by removing from paragraph (c)(4)(i)
``41 U.S.C. 254(b)'' and adding ``41 U.S.C. 3905'' in its place; and
removing from paragraph (d)(1)(iii) ``handicapped sheltered workshops''
and adding ``sheltered workshops for workers with disabilities'' in its
place.
15.407-1 [Amended]
112. Amend section 15.407-1 by removing from paragraph (d)(1)
``Disputes Act'' and adding ``Disputes statute'' in its place.
15.503 [Amended]
113. Amend section 15.503 by removing from the introductory text of
paragraph (b)(1) ``41 U.S.C. 253b(c)'' and adding ``41 U.S.C. 2704'' in
its place.
15.505 [Amended]
114. Amend section 15.505 by removing from the introductory text
``41 U.S.C. 253b(f)-(h)'' and adding ``41 U.S.C. 3705'' in its place.
PART 16--TYPES OF CONTRACTS
16.102 [Amended]
115. Amend section 16.102 by--
a. Removing from paragraph (b) ``41 U.S.C. 254(a)'' and adding ``41
U.S.C. 3901'' in its place; and
b. Removing from paragraph (c) ``41 U.S.C. 254(b)'' and adding ``41
U.S.C. 3905(a)'' in its place.
16.501-2 [Amended]
116. Amend section 16.501-2 by removing from paragraph (a)
``Pursuant to 10 U.S.C. 2304d and section 303K of the Federal Property
and Administrative Service Act of 1949'' and adding ``Pursuant to 10
U.S.C. and 41 U.S.C. 4101'' in its place.
16.505 [Amended]
117. Amend section 16.505 by--
a. Removing from paragraph (a)(9) ``Public Law 108-136'' and adding
``Public Law 108-136, 40 U.S.C. 1103 note'' in its place; and
b. Removing from paragraphs (b)(2)(ii)(c)(2) and (b)(6)
``competition advocate'' and adding ``advocate for competition'' in its
place.
PART 17--SPECIAL CONTRACTING METHODS
118. Revise section 17.101 to read as follows:
17.101 Authority.
This subpart implements 41 U.S.C. 3903 and 10 U.S.C. 2306b and
provides policy and procedures for the use of multi-year contracting.
119. Amend section 17.109 by revising paragraph (b)(1) to read as
follows:
17.109 Contract clauses.
* * * * *
(b) * * *
(1) Shall add the clause at 52.222-43, Fair Labor Standards Act and
Service Contract Labor Standards--Price Adjustment (Multiple Year and
Option Contracts), when the contract includes the clause at 52.222-41,
Service Contract Labor Standards;
* * * * *
17.204 [Amended]
120. Amend section 17.204 by removing from paragraph (e) ``Contract
Act'' and adding ``Contract Labor Standards Statute'' in its place.
121. Amend section 17.501 by revising paragraph (d) to read as
follows:
17.501 General.
* * * * *
(d) An agency shall not use an interagency acquisition to make
acquisitions conflicting with any other agency's authority or
responsibility (for example, that of the Administrator of General
Services under title 40, United States Code, ``Public Buildings,
Property and Works'' and 41 U.S.C. division C of subtitle I,
Procurement.
17.602 [Amended]
122. Amend section 17.602 by removing from paragraph (a) ``the
Competition in Contracting Act of 1984'' and adding ``41 U.S.C. chapter
33'' in its place.
PART 19--SMALL BUSINESS PROGRAMS
123. Amend section 19.000 by revising the introductory text of
paragraph (a); by redesignating paragraphs (a)(1) through (a)(12) as
paragraphs (a)(2) through (a)(13), respectively; and adding a new
paragraph (a)(1) to read as follows:
19.000 Scope of part.
(a) This part implements--
(1) The acquisition-related sections of the Small Business Act (15
U.S.C. 631, et seq.); applicable sections of 10 U.S.C. 2302, et seq.;
41 U.S.C. 3104; 10 U.S.C. 2323; and Executive Order 12138, May 18,
1979. It covers--
* * * * *
124. Amend section 19.201 by revising paragraph (d) to read as
follows:
19.201 General policy.
* * * * *
(d) The Small Business Act requires each agency with contracting
authority to establish an Office of Small and Disadvantaged Business
Utilization (see section (k) of the Small Business Act). For the
Department of Defense, in accordance with section 904 of the National
Defense Authorization Act for Fiscal Year 2006 (Pub. L. 109-163) (10
U.S.C. 144 note), the Office of Small and Disadvantaged Business
Utilization has been redesignated as the Office of Small Business
Programs. Management of the office shall be the responsibility of an
officer or employee of the agency who shall, in carrying out the
purposes of the Act--
* * * * *
19.800 [Amended]
125. Amend section 19.800 by removing from paragraph (a) ``agencies
and let'' and adding ``agencies and award'' in its place.
19.811-1 [Amended]
126. Amend section 19.811-1 by removing from paragraph (b)(1) ``41
U.S.C. 253(c)(5)'' and adding ``41 U.S.C. 3304(a)(5)'' in its place.
19.1304 [Amended]
127. Amend section 19.1304 by removing from paragraph (a)(2)
``Javits-Wagner-O'Day Act participating'' and adding ``Ability one
participating'' in its place.
19.1404 [Amended]
128. Amend section 19.1404 by removing from paragraph (a)(2)
``Javits-Wagner-O'Day Act participating'' and adding ``Ability one
participating'' in its place.
19.1504 [Amended]
129. Amend section 19.1504 by removing from paragraph (a)(2)
``Javits-Wagner-O'Day Act participating'' and adding ``Ability one
participating'' in its place.
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
130. Amend section 22.001 by--
a. Removing from the definition ``e98'' the words ``Contract Act''
and adding ``Contract Labor Standards statute'' in its place; and
b. Revising the definition ``Wage Determination Online (WDOL)'' to
read as follows:
22.001 Definitions.
* * * * *
Wage Determinations OnLine (WDOL) means the Government Internet Web
[[Page 57960]]
site for both Construction Wage Rate Requirements statute and Service
Contract Labor Standards statute wage determinations available at
http://www.wdol.gov.
* * * * *
22.102-1 [Amended]
131. Amend section 22.102-1 by removing from paragraph (h) ``the
handicapped'' and adding ``workers with disabilities'' in its place.
132. Amend section 22.102-2 by revising paragraph (c) to read as
follows:
22.102-2 Administration.
* * * * *
(c)(1) The U.S. Department of Labor is responsible for the
administration and enforcement of the Occupational Safety and Health
Act. The Department of Labor's Wage and Hour Division is responsible
for administration and enforcement of numerous wage and hour statutes
including--
(i) 40 U.S.C. chapter 31, subchapter IV, Wage Rate Requirements
(Construction);
(ii) 40 U.S.C. chapter 37, Contract Work Hours and Safety
Standards;
(iii) The Copeland Act (18 U.S.C. 874 and 40 U.S.C. 3145);
(iv) 41 U.S.C. chapter 65, Contracts for Materials, Supplies,
Articles, and Equipment Exceeding $15,000;
(v) 41 U.S.C. chapter 67, Service Contract Labor Standards).
(2) Contracting officers should contact the Wage and Hour
Division's regional offices when required by the subparts relating to
these statutes unless otherwise specified. Addresses for these offices
may be found at 29 CFR 1, Appendix B.
133. Amend section 22.202 by revising paragraph (a) to read as
follows:
22.202 Contract clause.
* * * * *
(a) The contract will be subject to 41 U.S.C. chapter 65, Contracts
for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (see
Subpart 22.6), which contains a separate prohibition against the
employment of convict labor;
* * * * *
134. Revise section 22.300 to read as follows:
22.300 Scope of Subpart.
This subpart prescribes policies and procedures for applying the
requirements of 40 U.S.C. chapter 37, Contract Work Hours and Safety
Standards (the statute) to contracts that may require or involve
laborers or mechanics. In this subpart, the term ``laborers or
mechanics'' includes apprentices, trainees, helpers, watchmen, guards,
firefighters, fireguards, and workmen who perform services in
connection with dredging or rock excavation in rivers or harbors, but
does not include any employee employed as a seaman.
22.301 [Amended]
135. Amend section 22.301 by removing ``Act requires'' and adding
``statue requires'' in its place.
22.302 [Amended]
136. Amend section 22.302 by removing from paragraphs (a), (b), and
(c) ``the Act'' and adding ``the statue'' in its place.
22.303 [Amended]
137. Amend section 22.303 by removing ``the Act'' and adding ``the
statue'' in its place.
22.304 [Amended]
138. Amend section 22.304 by removing from paragraph (a) ``the
Act'' and adding ``the statue'' in its place.
139. Amend section 22.305 by revising the introductory paragraph,
paragraph (d) and paragraph (e) to read as follows:
22.305 Contract clause.
Insert the clause at 52.222-4, Contract Work Hours and Safety
Standards--Overtime Compensation, in solicitations and contracts
(including, for this purpose, basic ordering agreements) when the
contract may require or involve the employment of laborers or
mechanics. However, do not include the clause in solicitations and
contracts--
* * * * *
(d) To be performed outside the United States, Puerto Rico,
American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake
Island, and the outer Continental Shelf as defined in the Outer
Continental Shelf Lands Act (43 U.S.C. 1331) (29 CFR 5.15);
(e) For work to be done solely in accordance with 41 U.S.C. chapter
65, Contracts for Materials, Supplies, Articles, and Equipment
Exceeding $15,000, (see Subpart 22.6);
* * * * *
22.401 [Amended]
140. Amend section 22.401 by removing from the definition
``Laborers or mechanics'', paragraph (1)(ii), ``Standards Act'' and
adding ``Standards statute'' in its place; and removing from the
definition ``Wages'' the words ``Davis-Bacon Act'' and adding
``Construction Wage Rate Requirements statute'' in its place.
22.402 [Amended]
141. Amend section 22.402 by removing from paragraph (b)(1)(ii)
``Davis-Bacon Act'' and adding ``Construction Wage Rate Requirements
statute'' in its place.
142. Revise section 22.403-1 to read as follows:
22.403-1 Construction Wage Rate Requirements statue.
40 U.S.C. chapter 31, subchapter IV, Wage Rate Requirements
(Construction), formerly known as the Davis-Bacon Act, provides that
contracts in excess of $2,000 to which the United States or the
District of Columbia is a party for construction, alteration, or repair
(including painting and decorating) of public buildings or public works
within the United States, shall contain a clause (see 52.222-6) that no
laborer or mechanic employed directly upon the site of the work shall
receive less than the prevailing wage rates as determined by the
Secretary of Labor.
143. Revise section 22.403-3 to read as follows:
22.403-3 Contract Work Hours and Safety Standards.
40 U.S.C. chapter 37, Contract Work Hours and Safety Standards,
requires that certain contracts (see 22.305) contain a clause (see
52.222-4) specifying that no laborer or mechanic doing any part of the
work contemplated by the contract shall be required or permitted to
work more than 40 hours in any workweek unless paid for all additional
hours at not less than 1 \1/2\ times the basic rate of pay (see
22.301).
144. Amend section 22.403-4 by revising paragraph (b) to read as
follows:
22.403-4 Department of Labor regulations.
* * * * *
(b) The Department of Labor regulations include--
(1) Part 1, relating to Construction Wage Rate Requirements statute
minimum wage rates;
(2) Part 3, relating to the Copeland (Anti-Kickback) Act and
requirements for submission of weekly statements of compliance and the
preservation and inspection of weekly payroll records;
(3) Part 5, relating to enforcement of the (i) Construction Wage
Rate Requirements statute, (ii) Contract Work Hours and Safety
Standards statute and (iii) Copeland (Anti-Kickback) Act;
(4) Part 6, relating to rules of practice for appealing the
findings of the Administrator, Wage and Hour Division, in enforcement
cases under the various labor statutes, and by which Administrative Law
Judge hearings are held; and
[[Page 57961]]
(5) Part 7, relating to rules of practice by which contractors and
other interested parties may appeal to the Department of Labor
Administrative Review Board, decisions issued by the Administrator,
Wage and Hour Division, or administrative law judges under the various
labor statutes.
* * * * *
22.404 [Amended]
145. Amend section 22.404 by removing from the section heading
``Davis-Bacon Act'' and adding ``Construction Wage Rate Requirements
statue'' in its place.
22.404-1 [Amended]
146. Amend section 22.404-1 by removing from paragraph (a)(2)
``Davis-Bacon Act'' and adding ``Construction Wage Rate Requirements
statute'' in its place.
22.404-11 [Amended]
147. Amend section 22.401-11 by removing ``Davis-Bacon Act'' and
adding ``Construction Wage Rate Requirements statute'' in its place.
22.404-12 [Amended]
148. Amend section 22.404-12 by removing from paragraph (c)(3)
``Davis-Bacon Act'' and adding ``Construction Wage Rate Requirements
statute'' in its place; and removing from paragraph (c)(4) ``Service
Contract Act'' and adding ``Service Contract Labor Standards statute''
in its place.
22.406-2 [Amended]
149. Amend section 22.406-2 by removing from the introductory text
of paragraph (b)(1) ``Davis-Bacon Act'' and adding ``Construction Wage
Rate Requirements'' in its place.
22.406-3 [Amended]
150. Amend section 22.406-3 by removing from paragraph (a) ``Davis-
Bacon Act'' and adding ``Construction Wage Rate Requirements'' in its
place.
22.406-8 [Amended]
Amend section 22.406-8 by--
a. Removing from paragraph (d)(2)(i)(B) ``Davis-Bacon Act'' and
adding ``Construction Wage Rate Requirements statute'' in its place;
b. Removing from paragraph (d)(2)(ii)(D) ``Standards Act'' and
adding ``Standards statute'' in its place;
c. Removing from paragraph (e)(2) ``Davis-Bacon Act'' and adding
``Construction Wage Rate Requirements statute'' in its place; and
d. Removing from paragraph (e)(3) ``Standards Act'' and adding
``Standards statue'' in its place.
151. Amend section 22.406-9 by--
a. Removing from paragraph (a) ``Standards Act'' and adding
``Standards statue'' in its place;
b. Removing from paragraph (a)(1) ``Davis-Bacon Act'' and
``Standards Act'' and adding ``Construction Wage Rate Requirements
statute'' and ``Standards statute'' in its place, respectively;
c. Removing from paragraph (b) ``Davis-Bacon Act'' and adding
``Construction Wage Rate Requirements statute'' in its place; and
d. Revising paragraph (c)(1) to read as follows:
22.406-9 Withholding from or suspension of contract payments.
* * * * *
(c) Disposition of contract payments withheld or suspended--
(1) Forwarding wage underpayments to the Comptroller General. Upon
final administrative determination, if contractor of subcontractor has
not made restitution, the contracting officer must forward to the
appropriate disbursing office Standard Form (SF) 1093, Schedule of
Withholdings Under the Construction Wage Rate Requirements statute (40
U.S.C. chapter 31, subchapter IV) and/or Contract Work Hours and Safety
Standards statute (40 U.S.C. chapter 37). Attach to the SF 1093 a list
of the name, social security number, and last known address of each
affected employee; the amount due each employee; employee claims if
feasible; and a brief rationale for restitution. Also, the contracting
officer must indicate if restitution was not made because the employee
could not be located. The Government may assist underpaid employees in
preparation of their claims. The disbursing office must submit the SF
1093 with attached additional data and the funds withheld (by check) to
the Comptroller General (Claims Section).
* * * * *
152. Amend section 22.406-10 by revising paragraph (f) to read
follows:
22.406-10 Disposition of disputes concerning construction contract
labor standards enforcement.
* * * * *
(f) The Administrator, Wage and Hour Division, may institute
debarment proceedings against the contractor or subcontractor if the
Administrator finds reasonable cause to believe that the contractor or
subcontractor has committed willful or aggravated violations of the
Contract Work Hours and Safety Standards statute or the Copeland (Anti-
Kickback) Act, or any of the applicable statutes listed in 29 CFR 5.1
other than the Construction Wage Rate Requirements statute, or has
committed violations of the Construction Wage Rate Requirements statute
that constitute a disregard of its obligations to employees or
subcontractors under Section 3(a) of that statute.
153. Amend section 22.406-12 by revising paragraph (b) to read as
follows:
22.406-12 Cooperation with the Department of Labor.
* * * * *
(b) If a Department of Labor representative undertakes an
investigation at a construction project, the contracting officer shall
inquire into the scope of the investigation, and request to be notified
immediately of any violations discovered under the Construction Wage
Rate Requirements statute, the Contract Work Hours and Safety Standards
statute, or the Copeland (Anti-Kickback) Act.
154. Revise section 22.406-13 to read as follows:
22.406-13 Semiannual enforcement reports.
A semiannual report on compliance with and enforcement of the
construction labor standards requirements of the Construction Wage Rate
Requirements statute and Contract Work Hours and Safety Standards
statute is required from each contracting agency. The reporting periods
are October 1 through March 31 and April 1 through September 30. The
reports shall only contain information as to the enforcement actions of
the contracting agency and shall be prepared as prescribed in
Department of Labor memoranda and submitted to the Department of Labor
within 30 days after the end of the reporting period. This report has
been assigned interagency report control number 1482-DOL-SA.
155. Amend section 22.407 by--
a. Removing from paragraphs (a)(1) and (a)(8) ``Davis-Bacon Act''
and adding ``Construction Wage Rate Requirements'' in its place;
b. Removing from paragraph (e) ``Davis-Bacon Act'' and adding
``Construction Wage Rate Requirements'' in its place;
c. Removing from paragraph (e)(1) and (e)(2) Davis-Bacon Act'' and
adding ``Construction Wage Rate Requirements statute'' in its place;
d. Revising paragraphs (f) and (g); and
e. Removing from paragraph (h) ``Davis-Bacon Act'' and adding ''
Construction Wage Rate Requirements'' in its place.
The revised text reads as follows:
22.407 Solicitation provision and contract clauses.
* * * * *
[[Page 57962]]
(f) Insert the clause at 52.222-31, Construction Wage Rate
Requirements--Price Adjustment (Percentage Method), in solicitations
and contracts if the contract is expected to be a fixed-price contract
subject to the Construction Wage Rate Requirements statute that will
contain option provisions by which the contracting officer may extend
the term of the contract, and the contracting officer determines the
most appropriate contract price adjustment method is the method at
22.404-12(c)(3).
(g) Insert the clause at 52.222-32, Construction Wage Rate
Requirements--Price Adjustment (Actual Method), in solicitations and
contracts if the contract is expected to be a fixed-price contract
subject to the Construction Wage Rate Requirements statute that will
contain option provisions by which the contracting officer may extend
the term of the contract, and the contracting officer determines the
most appropriate method to establish contract price is the method at
22.404-12(c)(4).
* * * * *
156. Revise the heading of Subpart 22.6 to read as follows:
Subpart 22.6--Contracts For Materials, Supplies, Articles, and
Equipment Exceeding $15,000
157. Revise section 22.602 to read as follows:
22.602 Statutory requirements.
Except for the exemptions at 22.604, all contracts subject to 41
U.S.C. chapter 65, Contracts for Materials, Supplies, Articles, and
Equipment Exceeding $15,000 (the statute), and entered into by any
executive department, independent establishment, or other agency or
instrumentality of the United States, or by the District of Columbia,
or by any corporation (all the stock of which is beneficially owned by
the United States) for the manufacture or furnishing of materials,
supplies, articles, and equipment (referred to in this subpart as
supplies) in any amount exceeding $15,000, shall include or incorporate
by reference the stipulations required by the statute pertaining to
such matters as minimum wages, maximum hours, child labor, convict
labor, and safe and sanitary working conditions.
22.604-1 [Amended]
158. Amend section 22.604-1 by removing from the introductory text
``the Act'' and adding ``the statute'' in its place.
22.604-2 [Amended]
159. Amend section 22.604-2 by removing from paragraphs (a) and
(a)(3) ``the Act'' and adding ``the statute'' in their places.
22.605 [Amended]
160. Amend section 22.605 by removing from paragraphs (a), (a)(1),
(a)(2), (a)(3), (a)(4), and (a)(5) ``the Act'' and adding ``the
statute'' in their places.
22.608 [Amended]
161. Amend section 22.608 by removing from paragraphs (a) and (b)
``the Act'' and adding ``the statute'' in their places.
162 Revise section 22.610 to read as follows:
22.610 Contract clause.
The contracting officer shall insert the clause at 52.222-20,
Contracts for Materials, Supplies, Articles, and Equipment Exceeding
$15,000, in solicitations and contracts covered by the statute (see
22.603, 22.604, and 22.605).
163. Revise the heading of Subpart 22.10 to read as follows:
Subpart 22.10--Service Contract Labor Standards
164. Revise section 22.1000 to read as follows:
22.1000 Scope of subpart.
This subpart prescribes policies and procedures implementing the
provisions of 41 U.S.C. chapter 67, Service Contract Labor Standards,
the applicable provisions of the Fair Labor Standards Act of 1938, as
amended (29 U.S.C. 201, et seq.), and related Secretary of Labor
regulations and instructions (29 CFR Parts 4, 6, 8, and 1925).
165. Amend section 22.1001 by--
a. Removing the definition ``Act'';
b. Removing from the definition ``Contractor'' the words ``the
Act'' and adding ``the statute'' in its place; and
c. Revising the definitions ``Service contract'', ``United
States'', ``Wage and Hour Division'' and ``Wage determination'' to read
as follows:
22.1001 Definitions.
* * * * *
Service contract means any Government contract, the principal
purpose of which is to furnish services in the United States through
the use of service employees, except as exempted under 41 U.S.C. 6702,
see 22.1003-3 and 22.1003-4, or any subcontract at any tier thereunder.
See 22.1003-5 and 29 CFR 4.130 for a partial list of services covered
by the Service Contract Labor Standards statute.
* * * * *
United States means the 50 States, the District of Columbia, Puerto
Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.
Virgin Islands, Johnston Island, Wake Island, and the outer Continental
Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C.
1331, et seq.), but does not include any other place subject to U.S.
jurisdiction or any U.S. base or possession within a foreign country
(29 CFR 4.112).
Wage and Hour Division means the unit in the Employment Standards
Administration of the Department of Labor to which is assigned
functions of the Secretary of Labor under the Service Contract Labor
Standards statute.
Wage determination means a determination of minimum wages or fringe
benefits made under 41 U.S.C. 6703 or 6707(c) applicable to the
employment in a given locality of one or more classes of service
employees.
22.1002-1 [Amended]
166. Amend section 22.1002-1 by removing ``41 U.S.C. 353(d)'' and
adding ``41 U.S.C. 6707(d)'' in its place.
167. Revise section 22.1003-2 to read as follows:
22.1003-2 Geographical coverage of the Service Contract Labor
Standards statute.
The Service Contract Labor Standards statute applies to service
contracts performed in the United States (see 22.1001). The Service
Contract Labor Standards statute does not apply to contracts performed
outside the United States.
168. Amend section 22.1003-3 by revising the introductory text and
paragraph (b) to read as follows:
22.1003-3 Statutory exemptions.
The Service Contract Labor Standards statute does not apply to--
* * * * *
(b) Any work required to be done in accordance with the provisions
of 41 U.S.C. chapter 65, Contracts for Materials, Supplies, Articles,
and Equipment Exceeding $15,000;
* * * * *
169. Amend section 22.1003-4 by--
a. Revising paragraph (a);
b. Removing from the introductory text of paragraph (b) ``the Act''
and adding ``the Service Contract Labor Standards statute'' in its
place;
c. Removing from the introductory text of paragraph (c)(1) ``the
Act'' and adding ``the Service Contract Labor Standards statute'' in
its place;
d. Removing from paragraph (c)(3)(i) ``Contract Act'' and adding
``Contract Labor Standards statue'' in its place;
e. Removing from paragraphs (c)(3)(ii) and (c)(3)(iii) ``Contract
Act'' and adding ``Contract Labor Standards'' in its place;
[[Page 57963]]
f. Removing from paragraph (c)(4)(i) ``Contract Act'' and adding
``Contract Labor Standards statue'' in its place;
g. Removing from paragraphs (c)(4)(ii), and (d)(1) ``the Act'' and
adding ``the Service Contract Labor Standards statute'' in their
places;
h. Removing from paragraph (d)(1)(iv) ``Davis-Bacon Act'' and
adding ``Construction Wage Rate Requirements statue'' in its place;
i. Removing from paragraphs (d)(3)(i), (d)(3)(ii) introductory
text, and (d)(3)(iii) ``Contract Act'' and adding ``Contract Labor
Standards'' in their places;
j. Removing from paragraphs (d)(4)(i) and (d)(4)(ii) ``Contract
Act'' and ``the Act'' and adding ``Contract Labor Standards statute''
and ``Service Contract Labor Standards statue'' in their places;
respectively; and
k. Revising paragraphs (d)(5)(i) and (d)(5)(iii).
The revised text reads as follows:
22.1003-4 Administrative limitations, variations, tolerances, and
exemptions.
(a) The Secretary of Labor may provide reasonable limitations and
may make rules and regulations allowing reasonable variations,
tolerances, and exemptions to and from any or all provisions of the
Service Contract Labor Standards statute other than 41 U.S.C. 6707(f).
These will be made only in special circumstances where it has been
determined that the limitation, variation, tolerance, or exemption is
necessary and proper in the public interest or to avoid the serious
impairment of Government business, and is in accord with the remedial
purpose of the Service Contract Labor Standards statute to protect
prevailing labor standards (41 U.S.C. 6707(b)). See 29 CFR 4.123 for a
listing of administrative exemptions, tolerances, and variations.
Requests for limitations, variances, tolerances, and exemptions from
the Service Contract Labor Standards statute shall be submitted in
writing through contracting channels and the agency labor advisor to
the Wage and Hour Administrator.
* * * * *
(d) * * *
(5) * * *
(i) Awarded under 41 U.S.C. chapter 85, Committee for Purchase from
People Who Are Blind or Severely Disabled (see Subpart 8.7).
* * * * *
(iii) Subject to 41 U.S.C. 6707(c) (see 22.1002-3).
22.1003-5 [Amended]
170. Amend section 22.1003-5 by removing from introductory text
``the Act'' and adding ``the Service Contract Labor Standards statue''
in its place.
171. Amend section 22.1003-6 by revising paragraph (a); and by
removing from paragraph (b) ``Contract Act'' and adding ``Contract
Labor Standards statute'' in its place.
The revised text reads as follows:
22.1003-6 Repair distinguished from remanufacturing of equipment.
(a) Contracts principally for remanufacturing of equipment which is
so extensive as to be equivalent to manufacturing are subject to 41
U.S.C. chapter 65, Contracts for Materials, Supplies, Articles, and
Equipment Exceeding $15,000, rather than to the Service Contract Labor
Standards statute. Remanufacturing shall be deemed to be manufacturing
when the criteria in either subparagraphs (a)(1) or (a)(2) of this
subsection are met.
* * * * *
22.1003-7 [Amended]
172. Amend section 22.1003-7 by removing ``the Act'' and adding
``the Service Contract Labor Standards statute'' in its place.
22.1004 [Amended]
173. Amend section 22.1004 by removing from the introductory
paragraph and paragraph (c) ``the Act'' and adding ``the Service
Contract Labor Standards statute'' in its place (three times).
22.1006 [Amended]
174. Amend section 22.1006 by--
a. Removing from the introductory text of paragraph (a)(1) the
words ``Act of 1965'' and ``the Act'' and adding ``Labor Standards''
and ``the Service Contract Labor Standards statue'' in its place,
respectively;
b. Removing from paragraph (a)(2) ``Contract Act'' and adding
``Contract Labor Standards statute'' in its place;
c. Removing from paragraphs (a)(2)(i)(A) and (a)(2)(i)(B) the words
``Contract Act'' and adding ``Contract Labor Standards'' in their
places;
d. Revising paragraph (a)(2)(ii) to read as follows;
e. Removing from paragraph (b) ``the Act'' and adding ``the Service
Contract Labor Standards statute'' in its place.
22.1008-1 [Amended]
175. Amend section 22.1008-1 by removing from paragraph (e)(3)
``whether Section 4(c) of the Act applies'' and adding ``whether 41
U.S.C. 6707(c) applies'' in its place.
176. Amend section 22.1008-2 by--
a. Revising the section heading and paragraph (a);
b. Removing from paragraphs (b) introductory text, (c) introductory
text, (c)(1), and (c)(2) introductory text ``section 4(c) of the Act''
and adding ``41 U.S.C. 6707(c)'' in its place;
c. Removing from paragraph (d)(1) ``section 4(c) of the Act'' and
adding ``41 U.S.C. 6707(c)''; and removing ``Service Contract Act of
1965'' and adding ``Service Contract Labor Standards,'' in its place;
d. Removing from paragraph (d)(3) ``applicability of the Act'' and
adding ``applicability of the Service Contract Labor Standards
statute'' in its place; and
e. Removing from paragraph (e)(1) ``Section 4(c) of the Act'' and
adding ``41 U.S.C. 6707(c)'' in its place.
The revised text reads as follows:
22.1008-2 Successorship with incumbent contractor collective
bargaining agreement.
(a) Early in the acquisition cycle, the contracting officer shall
determine whether 41 U.S.C. 6707(c) affects the new acquisition. The
contracting officer shall determine whether there is a predecessor
contract covered by the Service Contract Labor Standards statute and,
if so, whether the incumbent prime contractor or its subcontractors and
any of their employees have a collective bargaining agreement.
* * * * *
22.1009-4 [Amended]
177. Amend section 22.1009-4 by removing from paragraph (b)
``Service Contract Act Place'' and adding ``Service Contract Labor
Standards-Place'' in its place.
22.1012-2 [Amended]
178. Amend section 22.1012-2 by removing from paragraphs (a) and
(b) ``section 4(c) of the Act'' and adding ``41 U.S.C. 6707 (c)'' in
their places.
22.1015 [Amended]
179. Amend section 22.1015 by removing ``Service Contract Act'' and
``section 10 of the Act (41 U.S.C. 358)'' and adding ``Service Contract
Labor Standards statute'' and ``41 U.S.C. 6707 (f),'' in its place,
respectively.
22.1018 [Amended]
180. Amend section 22.1018 by--
a. Removing from paragraphs (a) ``the Act'' and adding ``the
Service Contract Labor Standards statute'' in its place; and
b. Removing from paragraph (b) ``the Act'' and ``Service Contract
Act of 1965'' and adding ``the Service Contract Labor Standards
statute'' and ``Service Contract Labor Standards.'' in its place,
respectively.
[[Page 57964]]
22.1019 [Amended]
181. Amend section 22.1019 by--
a. Removing from paragraphs (a) ``Service Contract Act of 1965''
and adding ``Service Contract Labor Standards.'' in its place; and
b. Removing from paragraph (c) ``handicapped workers'' and
``Service Contract Act of 1965'' and adding ``disabled workers'' and
``Service Contract Labor Standards.'' in its place, respectively.
22.1020 [Amended]
182. Amend section 22.1020 by removing ``Service Contract Act of
1965'' and adding ``Service Contract Labor Standards.'' in its place.
22.1022 [Amended]
183. Amend section 22.1022 by removing ``Service Contract Act of
1965'' and ``Service Contract Act'' and adding ``Service Contract Labor
Standards,'' and ``Service Contract Labor Standards statute'' in its
place, respectively.
184. Revise section 22.1023 to read as follows:
22.1023 Termination for default.
As provided by the Service Contract Labor Standards statute, any
contractor failure to comply with the requirements of the contract
clauses related to the Service Contract Labor Standards statute may be
grounds for termination for default (see paragraph (k) of the clause at
52.222-41, Service Contract Labor Standards).
22.1025 [Amended]
185. Amend section 22.1025 by removing ``the Act'' and adding ``the
Service Contract Labor Standards statute'' in its place twice.
22.1026 [Amended]
186. Amend section 22.1026 by removing ``Act of 1965'' and adding
``Labor Standards'' in its place.
187. Revise section 22.1101 to read as follows:
22.1101 Applicability.
The Service Contract Act of 1965, now codified at 41 U.S.C. chapter
67, Service Contract Labor Standards, was enacted to ensure that
Government contractors compensate their blue-collar service workers and
some white-collar service workers fairly, but it does not cover bona
fide executive, administrative, or professional employees.
188. Revise section 22.1502 to read as follows:
22.1502 Policy.
Agencies must take appropriate action to enforce the laws
prohibiting the manufacture or importation of products that have been
mined, produced, or manufactured wholly or in part by forced or
indentured child labor, consistent with 19 U.S.C. 1307, 29 U.S.C. 201,
et seq., and 41 U.S.C. chapter 65. Agencies should make every effort to
avoid acquiring such products.
189. Amend section 22.1801 in the definition ``Commercially
available off-the-sheet (COTS) item'' by revising the first sentence of
paragraph (2) to read as follows:
22.1801 Definitions.
* * * * *
Commercially available off-the-sheet (COTS) item * * *
(2) Does not include bulk cargo, as defined 46 U.S.C. 40102(4),
such as agricultural products and petroleum products. * * *
* * * * *
PART 23--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY
TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
190. Revise section 23.500 to read as follows:
23.500 Scope of subpart.
This subpart implements 41 U.S.C. chapter 81, Drug-Free Workplace.
191. Revise section 23.502 to read as follows:
23.502 Authority.
41 U.S.C. chapter 81, Drug Free Workplace.
192. Amend section 23.704 by revising paragraph (b)(1)(ii) to read
as follows:
23.704 Electronic products environmental assessment tool.
* * * * *
(b) * * *
(1) * * *
(ii) Is a voluntary consensus standard consistent with Section
12(d) of Pub. L. 104-113 (15 U.S.C. 272 note), the ``National
Technology Transfer and Advancement Act of 1995'', (see 11.102(c));
* * * * *
PART 24--PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
24.202 [Amended]
193. Amend section 24.202 by--
a. Removing from paragraph (a) ``41 U.S.C. 253b'' and adding ``41
U.S.C. 4702'' in its place; and
b. Removing from paragraph (b) ``41 U.S.C. 254b (d)(2)(c)'' and
adding ``41 U.S.C. 3505(b)(3)'' in its place.
PART 25--FOREIGN ACQUISITION
194. Amend section 25.000 by revising paragraph (b) to read as
follows:
25.000 Scope of part.
* * * * *
(b) It implements 41 U.S.C. chapter 83, Buy American; trade
agreements; and other laws and regulations.
195. Amend section 25.001 by revising paragraph (a); and removing
from paragraphs (b), (c), and (c)(1) ``Buy American Act'' and adding
``Buy American statute'' in their places. The revised text reads as
follows: 25.001 General.
(a) 41 U.S.C. chapter 83, Buy American--
* * * * *
196. Amend section 25.002 by revising the table to read as follows:
25.002 Applicability of subparts.
* * * * *
----------------------------------------------------------------------------------------------------------------
Supplies for use Construction Services performed
Subpart -----------------------------------------------------------------------------------
Inside U.S. Outside U.S. Inside U.S. Outside U.S. Inside U.S. Outside U.S.
----------------------------------------------------------------------------------------------------------------
25.1 Buy American--Supplies. X ............ ............ ............ ............ ............
25.2 Buy American-- ............ ............ X ............ ............ ............
Construction Materials.....
25.3 Contracts Performed ............ X ............ X ............ X
Outside the United States..
25.4 Trade Agreements....... X X X X X X
25.5 Evaluating Foreign X X ............ ............ ............ ............
Offers--Supply Contracts...
25.6 American Recovery and ............ ............ ............ ............ X ............
Reinvestment Act--Buy
American statute--
Construction Materials.....
----------------------------------------------------------------------------------------------------------------
[[Page 57965]]
25.004 [Amended]
197. Amend section 25.004 by removing from paragraph (a) ``41
U.S.C. 10a'' and adding ``41 U.S.C. 8302(b)'' in its place.
198. Amend subpart 25.1 by revising the section heading to read as
follows:
Subpart 25.1--Buy American--Supplies
199. Amend section 25.100 by revising paragraphs (a)(1) and (a)(3)
to read as follows
25.100 Scope of subpart.
(a) * * *
(1) 41 U.S.C. chapter 83, Buy American;
* * * * *
(3) Waiver of the component test of the Buy American statute for
acquisition of commercially available off-the-shelf (COTS) items in
accordance with 41 U.S.C. 1907.
* * * * *
25.101 [Amended]
200. Amend section 25.101 by--
a. Removing from paragraph (a) ``Buy American Act'' and adding
``Buy American statute'' in its place (two times);
b. Removing from paragraph (a)(2) ``41 U.S.C. 431'' and ``Buy
American Act'' and adding ``41 U.S.C. 1907'' and ``Buy American
statute'' in its place, respectively; and
c. Removing from paragraph (b) ``Buy American Act'' and adding
``Buy American statute'' in its place.
25.103 [Amended]
201. Amend section 25.103 by removing from the introductory text,
paragraphs (a), (b) introductory text, and (b)(1)(iii)(A) ``Buy
American Act'' and adding ``Buy American statute'' in their places.
25.105 [Amended]
202. Amend section 25.105 by removing from the introductory text of
paragraph (b) ``Buy American Act'' and adding ``Buy American statute''
in its place.
203. Amend Subpart 25.2 by revising the subpart heading to read as
follows:
Subpart 25.2--Buy American--Construction Materials
204. Amend section 25.200 by revising paragraphs (a)(1) and (a)(3)
to read as follows:
25.200 Scope of subpart.
(a) * * *
(1) 41 U.S.C. chapter 83, Buy American;
* * * * *
(3) Waiver of the component test if the buy American statute for
acquisitions of commercially available off-the-shelf (COTS) items in
accordance with 41 U.S.C. 1907.
* * * * *
25.202 [Amended]
205. Amend section 25.202 by removing from paragraphs (a) and
(a)(1) ``Buy American Act'' and adding ``Buy American statute'' in
their places (three times).
25.203 [Amended]
206. Amend section 25.203 by removing from paragraph (a) ``Buy
American Act'' and adding ``Buy American statute'' in its place.
25.204 [Amended]
207. Amend section 25.204 by removing from paragraph (b) ``Buy
American Act'' and adding ``Buy American statute'' in its place.
25.205 [Amended]
208. Amend section 25.205 by removing from paragraphs (a), (b), and
(c) ``Buy American Act'' and adding ``Buy American statute'' in their
places.
25.206 [Amended]
209. Amend section 25.206 by removing from paragraphs (a), (c)(1),
and (c)(3) ``Buy American Act'' and adding ``Buy American statute'' in
their places (four times).
25.400 [Amended]
210. Amend section 25.400 by removing from paragraph (a)(2)(ii)
``(Public Law 108-77)'' and adding ``(Public Law 108-77) (19 U.S.C.
3805 note)'' in its place; and removing from paragraph (a)(6) ``Buy
American Act'' and adding ``Buy American statute'' in its place.
25.402 [Amended]
211. Amend section 25.402 by removing from the introductory text of
paragraph (a)(1) ``Buy American Act'' and adding ``Buy American
statute'' in their places (two times).
25.405 [Amended]
212. Amend section 25.405 by removing ``(Pub. L. 109-53)'' and
adding ``(Pub. L. 109-53) (19 U.S.C. 4031)'' in its place.
25.406 [Amended]
213. Amend section 25.406 by removing ``Buy American Act'' and
adding ``Buy American statute'' in its place.
25.407 [Amended]
214. Amend section 25.407 by removing ``Buy American Act'' and
adding ``Buy American statute'' in its place.
25.501 [Amended]
215. Amend section 25.501 by removing from paragraph (d) ``Buy
American Act'' and adding ``Buy American statute'' in its place.
25.502 [Amended]
216. Amend section 25.502 by removing from paragraphs (c), (c)(3),
(d)(2), and (d)(3) ``Buy American Act'' and adding ``Buy American
statute'' in their places.
217. Amend section 25.504-1 by revising the section heading; and
removing from paragraphs (a)(2) and (b)(2) ``Buy American Act'' and
adding ``Buy American statute'' in their places.
The revised text reads as follows:
25.504-1 Buy American statute.
* * * * *
25.504-4 [Amended]
218. Amend section 25.504-4 by removing from paragraph (b) under
the heading ``Problem'' the words ``Buy American Act'' and adding ``Buy
American statute'' in its place.
219. Amend Subpart 25.6 by revising the subpart heading to read as
follows:
Subpart 25.6--American Recovery And Reinvestment Act--Buy American
Statute--Construction Materials
25.600 [Amended]
220. Amend section 25.600 by removing ``the Buy American Act'' and
adding ``41 U.S.C. chapter 83, Buy American (referred to in this
subpart as the Buy American Statute)'' in its place.
25.601 [Amended]
221. Amend section 25.601 by removing from paragraph (1) of the
definition ``Domestic construction material'' the words ``Buy American
Act'' and adding ``Buy American statute'' in its place.
222. Amend section 25.602-2 by revising the section heading; and
removing ``Buy American Act'' and adding ``Buy American statute'' in
its place. The revised text reads as follows:
25.602-2 Buy American statute.
* * * * *
25.603 [Amended]
223. Amend section 25.603 by removing from paragraphs (a)(1),
(a)(1)(iii), and (a)(2) ``Buy American Act'' and adding ``Buy American
statute'' in its place.
224. Amend section 25.604 by revising the section heading; and
removing from paragraph (a) ``Buy
[[Page 57966]]
American Act'' and adding ``Buy American statute'' in its place. The
revised text reads as follows:
25.604 Preaward determination concerning the inapplicability of
section 1605 of the Recovery Act or the Buy American statute.
* * * * *
25.606 [Amended]
225. Amend section 25.606 by removing from paragraphs (a), (b), and
(c) ``Buy American Act'' and adding ``Buy American statute'' in its
place.
25.607 [Amended]
226. Amend section 25.607 by removing from paragraphs (a), (c)(1),
and (c)(3) ``Buy American Act'' and adding ``Buy American statute'' in
its places (four times).
25.700 [Amended]
227. Amend section 25.700 by removing from paragraph (b) ``110-
174)'' and adding ``110-174) (50 U.S.C. 1701 note)'' in its place.
25.1001 [Amended]
228. Amend section 25.1001 by removing from paragraph (a) ``41
U.S.C. 254d'' and adding ``41 U.S.C. 4706'' in its place.
25.1101 [Amended]
229. Amend section 25.1101 by--
a. Removing from the introductory text of paragraph (a)(1) ``Act'';
b. Removing from paragraph (a)(1)(ii) ``Buy American Act'' and
adding ``Buy American statute'' in its place;
c. Removing from paragraphs (a)(1), (a)(2), (b)(1)(i), and
(b)(2)(i) ``Act''; and
d. Removing from paragraphs (a)(1)(ii), (c)(1), and (d) ``Buy
American Act'' and adding ``Buy American statute'' in its place.
25.1102 [Amended]
230. Amend section 25.1102 by--
a. Removing from paragraph (a) ``Act'';
b. Removing from paragraph (a)(1) ``Buy American Act'' and adding
``Buy American statute'' in its place;
c. Removing from paragraph (b)(1) ``Act'';
d. Removing from paragraph (b)(2) ``Buy American Act'' and adding
``Buy American statute'' in its place;
e. Removing from paragraph (c) ``Act'';
f. Removing from paragraphs (c)(1) and (c)(3) ``Buy American Act''
and adding ``Buy American statute'' in its place;
g. Removing from paragraph (d)(1) ``Act''; and
h. Removing from paragraphs (d)(2), (e)(3)(i), and (e)(3)(ii) ``Buy
American Act'' and adding ``Buy American statute'' in its place.
PART 26--OTHER SOCIOECONOMIC PROGRAMS
26.400 [Amended]
231. Amend section 26.400 by removing ``(Pub. L. 110-247)'' and
adding ``(42 U.S.C 1792)'' in its place.
232. Amend section 26.403 by revising the introductory text of
paragraph (a) to read as follows:
26.403 Procedures.
(a) In accordance with the Federal Food Donation Act of 2008 an
executive agency shall comply with the following:
* * * * *
PART 27--PATENTS, DATA, AND COPYRIGHTS
27.304 [Amended]
233. Amend sections 27.304 by removing from paragraph (c)
``Disputes Act'' and adding ``Disputes statute'' in its place (two
times).
PART 28--BONDS AND INSURANCE
234. Amend section 28.102-1 by revising the introductory test of
paragraph (a) and paragraph (a)(2) to read as follows.
28.102-1 General.
(a) The 40 U.S.C. chapter 31, subchapter III, Bonds, requires
performance and payment bonds for any construction contract exceeding
$150,000, except that this requirement may be waived--
* * * * *
(2) As otherwise authorized by the Bonds statute or other law.
* * * * *
28.102-2 [Amended]
235. Amend section 28.102-2 by removing from paragraph (b)
``$150,000 Miller Act'' and adding ``$150,000'' in its place.
28.106-1 [Amended]
236. Amend section 28.106-1 by removing from paragraphs (h) and (i)
``Miller Act''.
28.106-4 [Amended]
237. Amend section 28.106-4 by removing from paragraph (b) ``Pub.
L. 103-355'' and adding ``Pub. L. 103-355 (10 U.S.C. 2302 note)'' in
its place; and removing the words ``the Miller Act'' and adding ``40
U.S.C. chapter 31, subchapter III, Bonds'' in its place.
28.106-6 [Amended]
238. Amend section 28.106-6 by removing from paragraph (d) ``Pub.
L. 103-355'' and adding ``Pub. L. 103-355 (10 U.S.C. 2302 note)'' in
its place; and removing ``Miller Act'' and adding ``bonds statute'' in
its place.
239. Amend section 28.202 by revising paragraph (a)(4) to read as
follows.
28.202 Acceptability of corporate sureties.
(a) * * *
(4) When specified in the solicitation, the contracting officer may
accept a bond from the direct writing company in satisfaction of the
total bond requirement of the contract. This is permissible until
necessary reinsurance agreements are executed, even though the total
bond requirement may exceed the insurer's underwriting limitation. The
contractor shall execute and submit necessary reinsurance agreements to
the contracting officer within the time specified on the bid form,
which may not exceed 45 calendar days after the execution of the bond.
The contractor shall use Standard Form 273, Reinsurance Agreement for a
Performance Bond, and Standard Form 274, Reinsurance Agreement for a
Payment Bond, when reinsurance is furnished with the required
performance or payment bonds. Standard Form 275, Reinsurance Agreement
in Favor of the United States, is used when reinsurance is furnished
with bonds for other purposes.
* * * * *
28.203-5 [Amended]
240. Amend section 28.203-5 by removing from paragraphs (a)(1) and
(a)(3) ``Miller Act'' and adding ``Bonds Statute'' in its place.
28.204-3 [Amended]
241. Amend section 28.204-3 by removing from paragraphs (f)(2)(i)
and (f)(2)(ii), ``Miller Act'' and adding ``Bonds Statute'' in its
place.
PART 30--COST ACCOUNTING STANDARDS ADMINISTRATION
30.101 [Amended]
242. Amend section 30.101 by--
a. Removing from paragraph (a) ``Public Law 100-679 (41 U.S.C.
422)'' and adding ``41 U.S.C. chapter 15, Cost Accounting Standards,''
in its place; and
b. Removing from paragraph (b) ``Public Law 100-679'' and adding
``41 U.S.C. chapter 15'' in its place.
PART 31--CONTRACT COST PRINCIPLES AND PROCEDURES
31.205-1 [Amended]
243. Amend section 31.205-1 by removing from paragraph (f)(8) ``Pub
L.
[[Page 57967]]
110-247) (see FAR Subpart 26.4)'' and adding ``42 U.S.C. 1792, see
subpart 26.4)'' in its place.
244. Amend section 31.205-6 by revising paragraph (g)(6) and (p)(1)
to read as follows:
31.205-6 Compensation for personal services.
* * * * *
(g) * * *
(6) Under 10 U.S.C. 2324(e)(1)(M) and 41 U.S.C. 4304(a)(13), the
costs of severance payments to foreign nationals employed under a
service contract performed outside the United States are unallowable to
the extent that such payments exceed amounts typically paid to
employees providing similar services in the same industry in the United
States. Further, under 10 U.S.C. 2324(e)(1)(N) and 41 U.S.C.
4304(a)(14), all such costs of severance payments that are otherwise
allowable are unallowable if the termination of employment of foreign
national is the result of the closing of, or the curtailment of
activities at, a United States facility in that country at the request
of the government of that country; this does not apply if the closing
of a facility or curtailment of activities is made pursuant to a
status-of-forces or other country-to-country agreement entered into
with the government of that country before November 29, 1989. 10 U.S.C.
2324(e)(3) and 41 U.S.C. 4304(b) permit the head of the agency to waive
these cost allowability limitations under certain circumstances (see
37.113 and the solicitation provision at 52.237-8).
* * * * *
(p) * * *
(1) Costs incurred after January 1, 1998, for compensation of a
senior executive in excess of the benchmark compensation amount
determined applicable for the contractor fiscal year by the
Administrator, Office of Federal Procurement Policy (OFPP), under 41
U.S.C. 1127 are unallowable (10 U.S.C. 2324(e)(1)(P) and 41 U.S.C.
4304(a)(16)). * * *
* * * * *
31.205-47 [Amended]
245. Amend section 31.205-47 by removing from paragraph (a)(3)
``the Anti-Kickback Act, 41 U.S.C., sections 51 and 54'' and adding
``41 U.S.C. chapter 87, Kickbacks'' in its place.
31.603 [Amended]
246. Amend section 31.603 by--
a. Removing from the introductory text of paragraph (b) ``41 U.S.C.
256(e)'' and adding ``41 U.S.C. 4304 (a)'' in its place; and
b. Removing from paragraph (b)(15) ``41 U.S.C. 256(k)'' and adding
``41 U.S.C. 4310'' in its place.
31.703 [Amended]
247. Removing from paragraph (b) ``41 U.S.C. 256(e)'' and adding
``41 U.S.C. 4304'' in its place.
PART 32--CONTRACT FINANCING
248. Amend section 32.006-1 by revising paragraph (a) and the first
sentence of paragraph (b) to read as follows:
32.006-1 General.
(a) Under 10 U.S.C. 2307(i)(8), the statutory authority implemented
by this section is available to the Department of Defense and the
National Aeronautics and Space Administration; this statutory authority
is not available to the United States Coast Guard. Under 41 U.S.C.
Division B of subtitle I (Procurement) and 4506, this statutory
authority is available to all agencies subject to that statute.
(b) 10 U.S.C. 2307(i)(2) and 41 U.S.C. 4506 provide for a reduction
or suspension of further payments to a contractor when the agency head
determines there is substantial evidence that the contractor's request
for advance, partial, or progress payments is based on fraud. * * *
* * * * *
32.006-2 [Amended]
249. Amend section 32.006-2 by removing from the definition
``Remedy coordination official'' the word ``41 U.S.C. 255(g)(9)'' and
adding ``41 U.S.C. 4506(a)'' in its place.
32.006-5 [Amended]
250. Amend section 32.006-5 by removing from paragraph (a) ``41
U.S.C. 255'' and ``10 U.S.C. 2307'' and adding ``41 U.S.C. 4506(h)''
and ``10 U.S.C. 2307(i)(7)'' in their places; respectively; and
removing from paragraph (b) ``41 U.S.C. 255'' and ``10 U.S.C. 2307''
adding ``41 U.S.C. 4506(h)'' and ``10 U.S.C. 2307(i)(7)'' in their
places; respectively.
251. Revise section 32.101 read as follows:
32.101 Authority.
The basic authority for the contract financing described in this
part is contained in (41 U.S.C. chapter 45, Contracting Financing), 10
U.S.C. 2307, and Title III of the Defense Production Act of l950 (50
U.S.C. App. 2091).
32.102 [Amended]
252. Amend section 32.102 by removing from paragraph (d) ``41
U.S.C. 255'' and adding ``41 U.S.C. chapter 45'' in its place.
32.112-1 [Amended]
253. Amend section 32.112-1 by removing from paragraph (a) ``Pub.
L. 103-355'' and adding ``Pub. L. 103-355 (10 U.S.C. 2302)'' in its
place.
32.112-2 [Amended]
254. Amend section 32.112-2 by removing from the introductory text
of paragraph (a) ``Pub. L. 103-355'' and adding ``Pub. L. 103-355 (10
U.S.C. 2302)'' in its place.
32.201 [Amended]
255. Amend section 32.201 by removing ``41 U.S.C. 255(f)'' and
adding ``41 U.S.C. 4505'' in its place.
32.202-4 [Amended]
256. Amend section 32.202-4 by removing from the introductory text
of paragraph (a)(1) ``41 U.S.C. 255(f)'' and adding ``41 U.S.C. 4505''
in its place.
257. Amend section 32.401 by revising paragraphs (a) and (b) to
read as follows:
32.401 Statutory Authority.
* * * * *
(a) 41 U.S.C. chapter 45;
(b) 10 U.S.C. 2307; or
* * * * *
258. Amend section 32.410 by revising paragraph (c), under the
heading ``Authorization'', to read as follows.
32.410 Findings, determination, and authorization.
* * * * *
(c) The advance payments, of which (the amount at any time
outstanding) (the aggregate amount, less the aggregate amounts repaid,
or withdrawn by the Government), shall not exceed $----------, are
hereby authorized under (41 U.S.C. chapter 45, Contract Financing,) (10
U.S.C. 2307) (the Extraordinary Contracting Authority of Government
Agencies in Connection with National Defense Functions (50 U.S.C. 1431-
1435) and Executive Order No. 10789 of November 14, 1958 (3 CFR 1958
Supp. pp. 72-74)) or, if other, cite appropriate authority on (terms
substantially as contained in the proposed advance payment clause, a
copy (an outline) of which is annexed to this authorization) (the
following terms:) Insert the appropriate terms. (All prior
authorizations for advance payments under Contract No. -------- are
superseded.)
* * * * *
[[Page 57968]]
32.501-1 [Amended]
259. Amend section 32.501-1 by removing from paragraph (d) ``41
U.S.C. 255'' and adding ``41 U.S.C. 4504(b)'' in its place.
32.604 [Amended]
260. Amend section 32.604 by removing from paragraph (b)(4)(ii)
``Section 611 of the Contract Disputes Act of 1978 (Public Law 95-
563)'' and adding ``(41 U.S.C. 7109)'' in its place.
32.606 [Amended]
261. Amend section 32.606, by removing from paragraph (a) ``41
U.S.C. 15'' and adding ``41 U.S.C. 6305'' in its place.
32.703-3 [Amended]
262. Amend section 32.703-3, by removing from paragraph (a), ``41
U.S.C. 11a'' and adding ``41 U.S.C. 6302'' in its place; and removing
from paragraph (b) ``41 U.S.C. 2531'' and adding ``41 U.S.C. 3902'' in
its place.
32.800 [Amended]
263. Amend section 32.800 by removing ``31 U.S.C. 3727, 41 U.S.C.
15'' and adding ``31 U.S.C. 3727, and 41 U.S.C. 6305'' in its place.
32.805 [Amended]
264. Amend section 32.805, by removing from paragraph (c), under
the heading ``Notice of Assignment'' in the second paragraph, ``31
U.S.C. 3727, 41 U.S.C. 15'' and adding ``31 U.S.C. 3727, and 41 U.S.C.
6305'' in its place.
PART 33--PROTESTS, DISPUTES, AND APPEALS
33.102 [Amended]
265. Amend section 33.102 by removing from paragraph (f) ``41
U.S.C. 423(g)'' and adding ``41 U.S.C. 2106'' in its place.
33.201 [Amended]
266. Amend section 33.201 by removing from the definition
``Defective certification'' the words ``a person duly'' and adding ``a
person'' in its place.
267. Revise section 33.202 to read as follows.
33.202 Disputes.
41 U.S.C. Chapter 71, Disputes, establishes procedures and
requirements for asserting and resolving claims subject to the Disputes
statute. In addition, the Disputes statute provides for:
268. Amend section 33.203 by--
a. Revising paragraph (b)(1);
b. Removing from paragraphs (b)(2) ``Act'' and adding ``Disputes
statute'' in its place; and
C. Revising paragraph (c).
The revised text read as follows:
33.203 Applicability.
* * * * *
(b) * * *
(1) A foreign government or agency of that government; or
* * * * *
(c) This part applies to all disputes with respect to contracting
officer decisions on matters ``arising under'' or ``relating to'' a
contract. Agency Boards of Contract Appeals (BCA's) authorized under
the Disputes statute continue to have all of the authority they
possessed before the Disputes statute with respect to disputes arising
under a contract, as well as authority to decide disputes relating to a
contract. The clause at 52.233-1, Disputes, recognizes the ``all
disputes'' authority established by the Disputes statute and states
certain requirements and limitations of the Disputes statute for the
guidance of contractors and contracting agencies. The clause is not
intended to affect the rights and obligations of the parties as
provided by the Disputes statute or to constrain the authority of the
statutory agency BCA's in the handling and deciding of contractor
appeals under the Disputes statute.
33.205 [Amended]
269. Amend section 33.205 by--
a. Removing from the section heading ``Act'' and adding ``Disputes
statute'' in its place;
b. Removing from paragraph (a) ``contract Disputes Act of 1978''
and adding ``Disputes statute'' in its place;
c. Removing from paragraph (b) ``under the Act'' and adding ``under
the Dispute statute'' in its place; and
d. Removing from paragraph (c) ``Disputes Act of 1978'' and adding
``Disputes statute'' in its place.
33.207 [Amended]
270. Amend section 33.207 by removing from paragraph (e) ``duly''.
33.208 [Amended]
271. Amend section 33.208 by removing from paragraph (b) ``the
Act'' and adding ``the Disputes statute'' in its place.
33.211 [Amended]
272. Amend section 33.210 by removing from paragraph (a)(4)(v)(2)
``the Contract Dispute Act of 1978, 41 U.S.C. 603'' and adding ``41
U.S.C. 7102(d),'' in its place.
273. Revise the first and second sentences of paragraph (a) to read
as follows:
33.213 Obligation to continue performance.
(a) In general, before passage of the Disputes statute, the
obligation to continue performance applied only to claims arising under
a contract. However, the Disputes statute at 41 U.S.C. 605(b) 7103(g),
authorizes agencies to require a contractor to continue contract
performance in accordance with the contracting officer's decision
pending a final resolution of any claim arising under, or relating to,
the contract. * * *
* * * * *
PART 36--CONSTRUCTION AND ARCHITECT--ENGINEER
36.104 [Amended]
274. Amend section 36.104 by removing from paragraph (a) ``the
Brooks Architect-Engineers Act (40 U.S.C. 1101, et seq.)'' and ``41
U.S.C. 253m'' and adding ``40 U.S.C. chapter 11, Selection of
Architects and Engineers,'' and ``41 U.S.C. 3309'' in their places;
respectively.
36.300 [Amended]
275. Amend section 36.300 by removing ``41 U.S.C. 253m'' and adding
``41 U.S.C. 3309'' in its place.
PART 37--SERVICE CONTRACTING
276. Amend section 37.000 by revising the last sentence to read as
follows:
37.000 Scope of part.
* * * This part includes, but is not limited to, contracts for
services to which 41 U.S.C. chapter 67, Service Contract Labor
Standards, applies (see subpart 22.10).
37.106 [Amended]
277. Amend section 37.106 by removing from paragraph (b) ``41
U.S.C. 2531'' and adding ``41 U.S.C. 3902'' in its place.
278. Revise section 37.107 to read as follows.
37.107 Service Contract Labor Standards.
41 U.S.C. chapter 67, Service Contract Labor Standards, provides
for minimum wages and fringe benefits as well as other conditions of
work under certain types of service contracts. Whether or not the
Service Contract Labor Standards statute applies to a specific service
contract will be determined by the definitions and exceptions given in
the Service Contract Labor Standards statute, or implementing
regulations.
37.202 [Amended]
279. Amend section 37.202 by removing from paragraph (b) ``the
[[Page 57969]]
Brooks Architect-Engineers Act (40 U.S.C. 1102)'' and adding ``40
U.S.C. 1102'' in its place.
280. Amend section 37.203 by revising paragraph (d)(2) to read as
follows.
37.203 Policy.
* * * * *
(d) * * *
(2) The contractor is a Federally-Funded Research and Development
Center (FFRDC) as authorized in 41 U.S.C. 1709(c) and the work placed
under the FFRDC's contract meets the criteria of 35.017-3; or
* * * * *
281. Revise section 37.301 to read as follows:
37.301 Labor standards.
Contracts for dismantling, demolition, or removal of improvements
are subject to either 4l U.S.C. chapter 67, Service Contract Labor
Standards or 40 U.S.C. chapter 31, subchapter IV, Wage Rate
Requirements (Construction). If the contract is solely for dismantling,
demolition, or removal of improvements, the Service Contract Labor
Standards statute applies unless further work which will result in the
construction, alteration, or repair of a public building or public work
at that location is contemplated. If such further construction work is
intended, even though by separate contract, then the Construction Wage
Rate Requirements statute applies to the contract for dismantling,
demolition, or removal.
37.302 [Amended]
282. Amend section 37.302 by removing from the introductory text
``the Miller Act (40 U.S.C. 3131 et seq.)'' and adding ``41 U.S.C.
chapter 31, subchapter III, Bonds,'' in its place.
37.401 [Amended]
283. Amend section 37.401 by removing from the introductory
paragraph ``41 U.S.C. 253'' and adding ``41 U.S.C. chapter 33, Planning
and Solicitation'' in its place.
PART 38--FEDERAL SUPPLY SCHEDULE CONTRACTING
38.101 [Amended]
284. Amend section 38.101 by removing from paragraph (a) ``41
U.S.C. 259(b)(3)(A)'' and adding ``41 U.S.C. 152(3)'' in its place.
PART 39--ACQUISITION OF INFORMATION TECHNOLOGY
39.103 [Amended]
285. Amend section 39.103 by removing from paragraph (a) ``Section
5202, Incremental Acquisition of Information Technology, of the
Clinger-Cohen Act of 1996 (Public Law 104-106)'' and adding ``41 U.S.C.
2308'' in its place.
PART 41--ACQUISITION OF UTILITY SERVICES
41.101 [Amended]
286. Amend section 41.101 by removing from the definition ``Utility
service'' the words ``Service Contract Act of 1965'' and adding ``41
U.S.C. chapter 67, Service Contract Labor Standards'' in its place.
PART 42--CONTRACT ADMINISTRATION AND AUDIT SERVICES
42.703-1 [Amended]
287. Amend section 42.703-1 by--
a. Removing from paragraph (a) ``41 U.S.C. 254(d)'' and adding ``41
U.S.C. 4706(e)'' in its place; and
b. Removing from the introductory text of paragraph (c) ``41 U.S.C.
256(a)'' and adding ``41 U.S.C. 4303(a)'' in its place.
42.703-2 [Amended]
288. Amend section 42.703-2 by--
a. Removing from paragraph (a) ``41 U.S.C. 256(h)'' and adding ``41
U.S.C. 4307'' in its place; and
b. Removing from paragraph (e) ``41 U.S.C. 256(a) through (d)'' and
adding ``41 U.S.C. 4303'' in its place.
42.705-1 [Amended]
289. Amend section 42.705-1 by removing from paragraph (b)(4) ``41
U.S.C. 256(f)'' and adding ``41 U.S.C. 4305'' in its place.
42.705-3 [Amended]
290. Amend section 42.705-3 by removing from paragraph (b)(1) ``41
U.S.C. 254(a)'' and adding ``41 U.S.C. 4708'' in its place.
42.709 [Amended]
291. Amend section 42.709 by removing from the introductory text of
paragraph (a) ``41 U.S.C. 256(a) through (d)'' and adding ``41 U.S.C.
4303'' in its place.
292. Amend section 42.1203 by revising paragraph (a) to read as
follows:
42.1203 Processing agreements.
(a) If a contractor wishes the Government to recognize a successor
in interest to its contracts or a name change, the contractor must
submit a written request to the responsible contracting officer (see
42.1202). If the contractor received its contract under Subpart 8.7
under 41 U.S.C. chapter 85, Committee for Purchase from People Who Are
Blind or Severely Disabled, use the procedures at 8.716 instead.
* * * * *
42.1204 [Amended]
293. Amend section 42.1204 by removing from the introductory text
of paragraph (a) ``41 U.S.C. 15'' and adding ``41 U.S.C. 6305'' in its
place.
42.1601 [Amended]
294. Amend section 42.1601 by removing ``the Contract Disputes Act
of 1978 (41 U.S.C. 601-613)'' and adding ``41 U.S.C. chapter 71,
Contract Disputes'' in its place.
PART 43--CONTRACT MODIFICATIONS
43.102 [Amended]
295. Amend section 43.102 by removing paragraph (c).
PART 44--SUBCONTRACTING POLICIES AND PROCEDURES
44.201-2 [Amended]
296. Amend section 44.201-2 by removing from paragraph (b) ``41
U.S.C. 254(b)'' and adding ``41 U.S.C. 3905'' in its place.
44.202-2 [Amended]
297. Amend section 44.202-2 by removing from paragraph (a)(4)(ii)
``Javits-Wagner-O'Day Act (41 U.S.C. 48)'' and adding ``41 U.S.C.
8504'' in its place.
44.400 [Amended]
298. Amend section 44.400 by removing ``with section 8002(b)(2) of
Public Law 103-355'' and adding ``with 41 U.S.C. 3307'' in its place.
44.402 [Amended]
299. Amend section 44.402 by removing from paragraph (b) ``and
Commercial Components''.
PART 46--QUALITY ASSURANCE
46.102 [Amended]
300. Amend section 46.102 by removing from paragraph (f) ``Section
8002 of Public Law 103-355'' and adding ``with 41 U.S.C. 3307'' in its
place.
PART 47--TRANSPORTATION
301. Amend section 47.202 by revising paragraph (a) to read as
follows:
47.202 Presolicitation planning.
* * * * *
(a) The Service Contract Labor Standards statute requirement to
obtain a wage determination by accessing the
[[Page 57970]]
Wage Determination OnLine Web site (http://www.wdol.gov) using the WDOL
process or by submitting a request directly to the Department of Labor
on this Web site using the e98 process before the issuance of an
invitation for bid, request for proposal, or commencement of
negotiations for any contract exceeding $2,500 that may be subject to
the Service Contract Labor Standards statute (see subpart 22.10);
* * * * *
PART 48--VALUE ENGINEERING
48.102 [Amended]
302. Amend section 48.102 by--
a. Removing from paragraph (a) ``Section 36 of the Office of
Federal Procurement Policy Act (41 U.S.C. 401, et seq.)'' and adding
``41 U.S.C. 1711'' in its place; and
b. Removing from paragraph (e) ``41 U.S.C. 254(b)'' and adding ``41
U.S.C. 3905'' in its place.
PART 50--EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT
50.101-2 [Amended]
303. Amend section 50.101-2 by removing from paragraph (c) ``the
Contract Disputes Act of 1978'' and adding ``with 41 U.S.C. chapter 71,
Contract Disputes'' in its place.
50.102-3 [Amended]
304. Amend section 50.102-3 by removing from paragraph (c) ``10
U.S.C. 2304(a)(15) or 41 U.S.C. 252(c)(14), or''.
305. Amend section 50.103-7 by revising paragraph (b) to read as
follows:
50.103-7 Contract requirements.
* * * * *
(b) The authority in 50.101-1(a) shall not be used to omit from
contracts, when otherwise required, the clauses at 52.203-5, Covenant
Against Contingent Fees; 52.215-2, Audit and Records--Negotiation;
52.222-4, Contract Work Hours and Safety Standards--Overtime
Compensation; 52.222-6, Construction Wage Rate Requirements; 52.222-10,
Compliance With Copeland Act Requirements; 52.222-20, Contracts for
Materials, Supplies, Articles, and Equipment Exceeding $15,000; 52.222-
26, Equal Opportunity; and 52.232-23, Assignment of Claims.
PART 51--USE OF GOVERNMENT SOURCES BY CONTRACTORS
306. Amend section 51.101 by--
a. Revising the introductory text of paragraph (a)(3); and
b. Removing from paragraph (a)(3)(i) ``Government,'' and adding
``Government;'' in its place.
The revised text reads as follows:
51.101 Policy.
(a) * * *
(3) A contract under 41 U.S.C. chapter 85, Committee for Purchase
from People Who Are Blind or Severely Disabled, if--
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
52.203-5 [Amended]
307. Amend section 52.203-5 by removing from the clause heading
``(Apr 1984)'' and adding ``(Date)'' in its place; and removing from
paragraph (a) ``, in its discretion,''.
308. Amend section 52.203-7 by--
a. Revising the date of the clause; and
b. Removing from paragraph (a), in the definition ``Kickback'' the
words ``, directly or indirectly,''.
c. Revising the introductory text of paragraph (b); and
d. Removing from paragraph (c)(2) ``Department of Justice'' and
adding ``Attorney General'' in its place.
The revised text reads as follows:
52.203-7 Anti-Kickback Procedures.
* * * * *
Anti-Kickback Procedures (Date)
* * * * *
(b) 41 U.S.C. chapter 87, Kickbacks, prohibits any person from--
* * * * *
309. Amend section 52.203-8 by--
a. Revising the date of the clause; and
b. Revising the introductory text of paragraph (a) and paragraphs
(a)(2)(i) and (a)(2)(ii) to read as follows:
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal
or Improper Activity.
* * * * *
Cancellation, Rescission, and Recovery of Funds for Illegal or Improper
Activity (Date)
(a) If the Government receives information that a contractor or
a person has violated 41 U.S.C. 2102-2104, Restrictions on Obtaining
and Disclosing Certain Information the Government may--
* * * * *
(2) * * *
(i) The Contractor or someone acting for the Contractor has been
convicted for an offense where the conduct violates 41 U.S.C. 2102
for the purpose of either--
* * * * *
(ii) The head of the contracting activity has determined, based
upon a preponderance of the evidence, that the Contractor or someone
acting for the Contractor has engaged in conduct punishable under 41
U.S.C. 2105(a).
* * * * *
310. Amend section 52.203-10 by--
a. Revising the date of the clause;
b. Revising paragraph (a); and
c. Removing from paragraph (c) ``Act'' and adding ``statute'' in
its place.
The revised text reads as follows:
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity.
* * * * *
Price or Fee Adjustment for Illegal or Improper Activity (Date)
(a) The Government, at its election, may reduce the price of a
fixed-price type contract and the total cost and fee under a cost-
type contract by the amount of profit or fee determined as set forth
in paragraph (b) of this clause if the head of the contracting
activity or designee determines that there was a violation of 41
U.S.C. 2102 or 2103, as implemented in section 3.104 of the Federal
Acquisition Regulation.
* * * * *
311. Amend section 52.204-8 by--
a. Revising the date of the provision; and
b. Removing from paragraphs (c)(1)(xvi) and (c)(1)(xvii) ``American
Act'' and adding ``American''; and
c. Removing from paragraphs (c)(2)(iii) and (c)(2)(iv) ``Act'' and
adding ``Labor Standards'' in its place.
The revised text reads as follows:
52.204-8 Annual Representations and Certifications.
* * * * *
Annual Representations And Certifications (Date)
52.208-9 [Amended]
312. Amend section 52.208-9 by removing from the clause heading
``(Oct 2008)'' and adding ``(Date)'' its place; and removing from
paragraph (a) ``the Javits-Wagner-O'Day Act (41 U.S.C. 48)'' and adding
``41 U.S.C. 8504'' in its place.
52.209-6 [Amended]
313. Amend section 52.209-6 by removing from the clause heading
``(Dec 2010)'' and adding ``(Date)'' its place; and removing from
paragraph (a)(2) ``section 3 of the Shipping Act of 1984 (46 U.S.C.
App. 1702)'' and adding ``46 U.S.C. 40102(4)'' in its place.
52.212-3 [Amended]
314. Amend section 52.212-3 by--
a. Removing from the provision heading ``(Apr 2012)'' and adding
``(Date)'' in its place;
b. Removing from paragraph (f) introductory text the word ``Act''
(two times);
c. Removing from paragraph (f)(1) ``Act--'';
d. Removing from paragraph (g)(1) introductory text ``American
Act'' and adding ``American'' in its place;
[[Page 57971]]
e. Removing from paragraph (g)(1)(i), (g)(1)(ii), (g)(1)(iii),
(g)(2) introductory text, (g)(2)(g)(1)(ii), (g)(3) introductory text,
and (g)(3)(g)(1)(ii) ``Act--'';
f. Removing from paragraph (g)(4)(iii) ``Act'' and adding
``statute'' in its place;
g. Removing from paragraph (k) introductory text and (k)(3)(i)
``Act'' and adding ``Labor Standards'' in its place; and
h. Removing from the introductory paragraph of Alternate I ``(Apr
2011)'' and adding ``(Date)'' in its place; and removing from paragraph
(12), fourth subparagraph ``U.S. Trust Territory of the Pacific Islands
(Republic of Palau)'' and adding ``Republic of Palau'' in its place.
315. Amend section 52.212-4 by--
a. Removing from the clause heading ``(Feb 2012)'' and adding
``(Date)'' in its place;
b. Removing from paragraph (d) ``the Contract Disputes Act of 1978,
as amended (41 U.S.C. 601-613)'' and adding ``41 U.S.C. chapter 71,
Contract Disputes'' in its place;
c. Removing from paragraph (i)(6)(i) ``Section 611 of the Contract
Disputes Act of 1978 (Public Law 95-563)'' and adding ``41 U.S.C.
7109'' in its place;
d. Revising paragraph (r); and
e. Amending Alternate I by--
1. Removing from the introductory paragraph ``(Oct 2008)'' and
adding ``(Date)'' in its place; and
2. Removing from paragraph (i)(6)(i) ``(Section 611 of the Contract
Disputes Act of 1978 (Public Law 95-563)'' and adding ``41 U.S.C.
7109'' in its place.
The revised text reads as follows:
52.212-4 Contract Terms and Conditions--Commercial Items
* * * * *
(r) Compliance with laws unique to Government contracts. The
Contractor agrees to comply with 31 U.S.C. 1352 relating to
limitations on the use of appropriated funds to influence certain
Federal contracts; 18 U.S.C. 431 relating to officials not to
benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety
Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4705 and 10
U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118,
Fly American; and 41 U.S.C. chapter 21 relating to procurement
integrity.
* * * * *
316. Amend section 52.212-5 by--
a. Revising the clause heading;
b. Removing from paragraph (a)(3) ``(Pub. L. 108-77, 108-78).'' and
adding ``(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).'' in
its place;
c. Removing from paragraph (b)(1) ``(41 U.S.C. 253g'' and adding
``(41 U.S.C. 4704'' in its place;
d. Removing from paragraph (b)(2) ``(Pub. L. 110-252, Title VI,
Chapter 1 (41 U.S.C. 251 note)).'' and adding ``(41 U.S.C. 3509).'' in
its place;
e. Removing from paragraph (b)(6) ``(Dec 2010)'' and adding
``(Date)'' in its place;
f. Removing from paragraph (b)(14) ``(Jan 2011)'' and adding
``(Date)'' in its place;
g. Removing from paragraph (b)(34) ``(Jan 2009)'' and adding
``(Date)'' in its place;
h. Removing from paragraph (b)(39) ``(Feb 2009)'' and adding
``(Date)'' in its place; and removing ``(41 U.S.C. 10a-10d'' and adding
``41 U.S.C. chapter 83'' in its place;
i. Revising paragraph (b)(40);
j. Removing from paragraphs (b)(45) and (b)(46) ``(41 U.S.C.
255(f)'' and adding ``(41 U.S.C. 4505'' in their places;
k. Removing from paragraph (b)(49) ``(Feb 2010)'' and adding
``(Date)'' in its place;
l. Revising paragraphs (c)(1) through (c)(7);
m. Removing from paragraph (e)(1)(i) ``(Pub. L. 110-252, Title VI,
Chapter 1 (41 U.S.C.251 note))'' and adding ``(41 U.S.C. 3509)'' in its
place;
n. Removing from paragraph (e)(1)(ii) ``(Dec 2010)'' and adding
``(Date)'' in its place;
o. Removing from paragraph (e)(1)(viii) ``Act of 1965 (Nov 2007)
(41 U.S.C. 351, et seq.)'' and adding ``Labor Standards (Date) (41
U.S.C. chapter 67)'' in its place;
p. Revising paragraphs (e)(1)(x) and (e)(1)(xi);
q. Removing from paragraph (e)(1)(xii) ``(Jan 2009)'' and adding
``(Date) (Executive Order 12989)'' in its place;
r. Removing from paragraph (e)(1)(xiii) ``(Mar 2009) (Pub. L. 110-
247)'' and adding ``(Date) (42 U.S.C. 1792)'' in its place; and
s. Amending Alternate II by--
1. Revising the date;
2. Removing from paragraph (e)(1)(ii)(A) ``(Pub. L. 110-252, Title
VI, Chapter 1 (41 U.S.C. 251 note)'' and adding ``(41 U.S.C. 3509)'' in
its place;
3. Removing from paragraph (e)(1)(ii)(C) ``(Dec 2010)'' and adding
``(Date)'' in its place;
4. Revising paragraph (e)(1)(ii)(H); and
5. Revising paragraphs (e)(1)(ii)(J) through (e)(1)(ii)(M).
The revised text reads as follows:
52.212-5 Contract Terms and Conditions Required To Implement Statutes
or Executive Orders--Commercial Items.
* * * * *
Contract Terms and Conditions Required To Implement Statutes or
Executive Orders--Commercial Items (Date)
* * * * *
(b) * * *
* * * * *
---- (40)(i) 52.225-3, Buy American Free Trade Agreements--
Israeli Trade Act (Date) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note,
19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78,
108-286, 108-302, 109-53, 109-169, 109-283, and 110-138.
* * * * *
(c) * * *
---- (1) 52.222-41, Service Contract Labor Standards (Date) (41
U.S.C. chapter 67).
----(2) 52.222-42, Statement of Equivalent Rates for Federal
Hires (Date) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
----(3) 52.222-43, Fair labor Standards Act and Service Contract
Labor Standards--Price Adjustment (Multiple Year and Option
Contracts) (Date) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
----(4) 52.222-44, Fair Labor Standards Act and Service Contract
Labor Standards--Price Adjustment (Date) (29 U.S.C. 206 and 41
U.S.C. chapter 67).
----(5) 52.222-51, Exemption from Application of the Service
Contract Labor Standards to Contracts for maintenance, Calibration,
or Repair of Certain Equipment--Requirements (Date) (41 U.S.C.
chapter 67).
----(6) 52.222-53, Exemption from Application of the Service
Contract Labor Standards to Contracts for Certain Services--
Requirements (Date) (41 U.S.C. chapter 67).
----(7) 52.226-6, Promoting Excess Food Donation to Nonprofit
Organizations (Date) (42 U.S.C. 1792).
* * * * *
(e)(1) * * *
(i) * * *
* * * * *
(x) 52.222-51, Exemption from Application of the Service
Contract Labor Standards to Contracts for Maintenance, Calibration,
or Repair of Certain Equipment--Requirements (Date) (41 U.S.C.
chapter 67).
(xi) 52.222-53, Exemption from Application of the Service
Contract Labor Standards to Contracts for Certain Services--
Requirements (Date) (41 U.S.C. chapter 67).
* * * * *
Alternate II (Date) * * *
* * * * *
(e)(1) * * *
(ii) * * *
(H) 52.222-41, Service Contract Labor Standards (Date) (41
U.S.C. chapter 67).
* * * * *
(J) 52.222-51, Exemption from Application of the Service
Contract Labor Standards to Contracts for Maintenance, Calibration,
or Repair of Certain Equipment--Requirements (Date) (41 U.S.C.
chapter 67).
(K) 52.222-53, Exemption from Application of the Service
Contract Labor Standards to Contracts for Certain Services--
Requirements (Date) (41 U.S.C. chapter 67).
(L) 52.222-54, Employment Eligibility Verification (Date)
(Executive Order 12989).
(M) 52.226-6, Promoting Excess Food Donation to Nonprofit
Organizations. (Date) (42 U.S.C. 1792). Flow down required in
accordance with paragraph (e) of FAR clause 52.226-6.
* * * * *
317. Amend section 52.213-4 by--
[[Page 57972]]
a. Removing from the clause heading ``(Mar 2012)'' and adding
``(Date)'' in its place;
b. Removing from paragraph (a)(1)(vii) ``(Pub. L. 108-77, 108-78)''
and adding ``(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note))'' in
its place;
c. Removing from paragraph (a)(2)(vi) ``(Jul 2002)'' and adding
``(Date)'' in its place;
d. Removing from paragraph (a)(2)(vii) ``(Jan 2011)'' and adding
``(Date)'' in its place;
e. Removing from paragraph (b)(1)(ii) ``Walsh-Healey Public
Contracts Act (Oct 2010) (41 U.S.C. 35-45)'' and adding ``Contracts for
Materials, Supplies, Articles, and Equipment Exceeding $15,000 (Date)
(41 U.S.C. chapter 65)'' in its place;
f. Revising paragraph (b)(1)(vi);
g. Removing from paragraph (b)(1)(ix) ``Act--Supplies (Feb 2009)
(41 U.S.C. 10a-10d)'' and adding ``Supplies (Date) (41 U.S.C. chapter
83)'' in its place;
h. Redesignating paragraphs (b)(1)(x) through (b)(1)(xii) as
paragraph (b)(1)(xi) through (b)(1)(xiii) respectively;
i. Adding a new paragraph (b)(1)(x);
j. Removing from paragraph (b)(2)(i) ``(Dec 2010)'' and adding
``(Date)'' in its place;
k. Removing paragraph (b)(2)(iii); and
l. Redesignating paragraphs (b)(2)(iv) and (b)(2)(v) as paragraphs
(b)(2)(iii) and (b)(2)(iv), respectively.
The revised text reads as follows:
52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than
Commercial Items).
* * * * *
(b) * * *
(1) * * *
(vi) 52.222-41, Service Contract Labor Standards (Date) (41
U.S.C. chapter 67) (Applies to service contracts over $2,500 that
are subject to the Service Contract Labor Standards statute and will
be performed in the United States, District of Columbia, Puerto
Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.
Virgin Islands, Johnston Island, Wake Island, or the outer
Continental Shelf.)
* * * * *
(x) 52.226-6, Promoting Excess Food Donation to Nonprofit
Organizations (DATE) (42 U.S.C. 1792) (Applies to contracts greater
than $25,000 that provide for the provision, the service, or the
sale of food in the United States.)
318. Amend section 52.219-1 by revising the introductory paragraph
of Alternate I and paragraph (b)(9) of the checklist ``Asian-Pacific
American'' to read as follows:
52.219-1 Small Business Program Representations.
* * * * *
Alternate I (DATE). As prescribed in 19.308(a)(2), add the
following paragraph (b)(9) to the basic provision:
(9) * * *
* * * * *
----Asian-Pacific American (persons with origins from Burma,
Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China,
Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines,
Republic of Palau, Republic of the Marshall Islands, Federated
States of Micronesia, the Commonwealth of the Northern Mariana
Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati,
Tuvalu, or Nauru).
* * * * *
319. Amend section 52.219-8 by revising the date of the clause; and
removing from paragraph (a) ``contracts let'' and adding ``contracts
awarded'' in its place.
The revised text reads as follows:
52.219-8 Utilization of Small Business Concerns.
* * * * *
Utilization of Small Business Concerns (Date)
* * * * *
320. Amend section 52.222-4 by--
a. Revising the section heading;
b. Revising the clause heading;
c. Removing from paragraph (b) ``Standards Act'' and adding
``Standards statute (found at 40 U.S.C. chapter 37)'' in its place;
d. Removing from paragraph (c) ``Act''; and
e. Removing from paragraph (d)(1) ``Davis-Beacon Act'' and adding
``Construction Wage Rate Requirements statute'' in its place.
The revised text reads as follows:
52.222-4 Contract Work Hours and Safety Standards--Overtime
Compensation.
* * * * *
Contract Work Hours and Safety Standards--Overtime Compensation (Date)
* * * * *
321. Amend section 52.222-5 by--
a. Revising the section heading;
b. Revising the provision heading; and
c. Removing from paragraph (a)(1) ``Davis-Beacon Act'' and adding
``Construction Wage Rate Requirements'' in its place.
The revised text reads as follows:
52.222-5 Construction Wage Rate Requirements--Secondary Site of the
Work.
* * * * *
Construction Wage Rate Requirements--Secondary Site of Work (Date)
* * * * *
322. Amend section 52.222-6 by--
a. Revising the section heading;
b. Revising the clause heading;
c. Removing from paragraph (b)(2) ``Davis-Beacon Act'' and adding
``Construction Wage Rate Requirements statute'' in its place;
d. Removing from paragraph (b)(4) ``Davis-Beacon'' and adding
``Construction Ware Requirements'' in its place; and
e. Removing from paragraph (e) ``Davis-Beacon Act'' and adding
``Construction Wage Rate Requirements statute'' in its place.
The revised text reads as follows:
52.222-6 Construction Wage Rate Requirements.
* * * * *
Construction Wage Rate Requirements (Date)
* * * * *
323. Amend section 52.222-7 by revising the date of the clause; and
removing from the clause ``Davis-Beacon''. The revised text reads as
follows:
52.222-7 Withholding of Funds.
* * * * *
Withholding of Funds (Date)
* * * * *
324. Amend section 52.222-8 by revising the date of the clause and
paragraph (a) to read as follows:
52.222-8 Payrolls and Basic Records.
* * * * *
Payrolls and Basic Records (Date)
(a) Payrolls and basic records relating thereto shall be
maintained by the Contractor during the course of the work and
preserved for a period of 3 years thereafter for all laborers and
mechanics working at the site of the work. Such records shall
contain the name, address, and social security number of each such
worker, his or her correct classification, hourly rates of wages
paid (including rates of contributions or costs anticipated for bona
fide fringe benefits or cash equivalents thereof of the types
described in 40 U.S.C. 3141 (2)(B) (Construction Wage Rate
Requirement statute)), daily and weekly number of hours worked,
deductions made, and actual wages paid. Whenever the Secretary of
Labor has found, under paragraph (d) of the clause entitled
Construction Wage Rate Requirements, that the wages of any laborer
or mechanic include the amount of any costs reasonably anticipated
in providing benefits under a plan or program described in 40 U.S.C.
3141(2)(B), the Contractor shall maintain records which show that
the commitment to provide such benefits is enforceable, that the
plan or program is financially responsible, and that the plan or
program has been communicated in writing to the laborers or
mechanics affected, and records which show the costs anticipated or
the actual cost incurred in providing such benefits. Contractors
employing apprentices or trainees under approved programs shall
maintain written evidence of the registration of apprenticeship
programs and certification of trainee programs, the registration of
the
[[Page 57973]]
apprentices and trainees, and the ratios and wage rates prescribed
in the applicable programs.
* * * * *
325. Amend section 52.222-11 by--
a. Revising the date of the clause;
b. Removing from paragraphs (a)(4) and (a)(5) ``Davis-Bacon Act''
and adding ``Construction Wage Rate Requirements'' in its place; and
c. Revising paragraphs (b)(1) and (b)(10) to read as follows:
52.222-11 Subcontracts (Labor Standards).
* * * * *
Subcontracts (Labor Standards) (Date)
* * * * *
(b) * * *
(1) Construction Wage Rate Requirements;
* * * * *
(10) Compliance with Construction Wage Rate Requirements and
Realated Regulations; and
* * * * *
326. Amend section 52.222-12 by revising the section and clause
headings, and the clause to read as follows:
52.222-12 Contract Termination--Debarment.
* * * * *
Contract Termination--Debarment (Date)
A breach of the contract clauses entitled Construction Wage Rate
Requirements, Contract Work Hours and Safety Standards--Overtime
Compensation, Apprentices and Trainees, Payrolls and Basic Records,
Compliance with Copeland Act Requirements, Subcontracts (Labor
Standards), Compliance with Construction Wage Rate Requirements and
Related Regulations, or Certification of Eligibility may be grounds
for termination of the contract, and for debarment as a Contractor
and subcontractor as provided in 29 CFR 5.12.
(End of Clause)
327. Amend section 52.222-13 by--
a. Revising the heading of the clause; and
b. Removing from the introductory paragraph ``Davis Bacon and
Related Acts'' and adding ``Construction Wage Rate Requirements and
related statues'' in its place.
The revised text reads as follows:
52.222-13 Compliance with Construction Wage Rate Requirements and
Related Act Regulations.
* * * * *
Compliance With Construction Wage Rate Requirements and Related Act
Regulations (Date)
* * * * *
328. Amend section 52.222-15 by revising the section and clause
headings, and paragraphs (a) and (b) to read as follows:
52.222-15 Certification of Eligibility.
* * * * *
Certification of Eligibility (Date)
(a) By entering into this contract, the Contractor certifies
that neither it nor any person or firm who has an interest in the
Contractor's firm is a person or firm ineligible to be awarded
Government contracts by virtue of 40 U.S.C. 3144(b)(2) or 29 CFR
5.12(a)(1).
(b) No part of this contract shall be subcontracted to any
person or firm ineligible for award of a Government contract by
virtue of 40 U.S.C. 3144(b)(2) or 29 CFR 5.12(a)(1).
* * * * *
52.222-16 [Amended]
329. Amend section 52.222-16 by--
a. Removing from the clause heading ``(Feb 1988)'' and adding
``(Date)'' in its place; and
b. Removing from the introductory paragraph ``Davis-Bacon Act'' and
adding ``Construction Wage Rate Requirements'' in its place.
330. Revise section 52.222-20 to read as follows:
52.222-20 Contracts for Materials, Supplies, Articles, and Equipment
Exceeding $15,000.
As prescribed in 22.610, insert the following clause in
solicitations and contracts:
Contracts for Materials, Supplies, Articles, and Equipment Exceeding
$15,000 (Date)
If this contract is for the manufacture or furnishing of
materials, supplies, articles or equipment in an amount that exceeds
or may exceed $15,000, and is subject to 41 U.S.C. chapter 65, the
following terms and conditions apply:
(a) All stipulations required by 41 U.S.C. chapter 65 and
regulations issued by the Secretary of Labor (41 CFR Chapter 50) are
incorporated by reference. These stipulations are subject to all
applicable rulings and interpretations of the Secretary of Labor
that are now, or may hereafter, be in effect.
(b) All employees whose work relates to this contract shall be
paid not less than the minimum wage prescribed by regulations issued
by the Secretary of Labor (41 CFR 50-202.2). Learners, student
learners, apprentices, and workers with disabilities may be employed
at less than the prescribed minimum wage (see 41 CFR 50-202.3) to
the same extent that such employment is permitted under Section 14
of the Fair Labor Standards Act (41 U.S.C. 6508).
331. Amend section 52.222-30 by--
a. Revising the section and clause headings; and
b. Removing from paragraphs (a) and (b)(3) the words ``Davis-Bacon
Act'' and adding ``Construction Wage Rate Requirements statute'' in its
place.
The revised text reads as follows:
52.222-30 Construction Wage Rate Requirements--Price Adjustment.
* * * * *
Construction Wage Rate Requirements--Price Adjustment (None Or
Separately Specified Method) (Date)
* * * * *
332. Amend section 52.222-31 by--
a. Revising the section and clause headings; and
b. Removing from paragraphs (a), (b) introductory text, (b)(1),
(b)(2), and (c)(3) the words ``Davis-Bacon Act'' and adding
``Construction Wage Rate Requirements statute'' in their places.
The revised text reads as follows:
52.222-31 Construction Wage Rate Requirements--Price Adjustment.
* * * * *
Construction Wage Rate Requirements--Price Adjustment (Percentage
Method) (Date)
* * * * *
333. Amend section 52.222-32 by--
a. Revising the section and clause headings; and
b. Removing from paragraphs (c)(1) and (c)(2) the words ``Davis-
Bacon Act'' and adding ``Construction Wage Rate Requirements'' in its
place.
The revised text reads as follows:
52.222-32 Construction Wage Rate Requirements--Price Adjustment
(Actual Method).
* * * * *
Construction Wage Rate Requirements--Price Adjustment (Actual Method)
(Date)
* * * * *
334. Amend section 52.222-41 by--
a. Revising the section and clause headings;
b. Removing the definition ``Act'';
c. Removing from paragraph (b) ``the Act'' and ``41 U.S.C. 356''
and adding ``41 U.S.C. chapter 67, Service Contract Labor Standards''
and ``41 U.S.C. 6702'' in its place, respectively;
d. Removing from paragraphs (c)(2)(v) and (f) the words ``the Act''
and adding ``the Service Contract Labor Standards statute'' in their
places;
e. Removing from paragraph (g) the words ``section 2(a)(4) of the
Act'' and adding ``41 U.S.C. 6703'' in its place;
f. Removing from paragraphs (i)(1) introductory text and (i)(1)(i)
``the Act'' and adding ``the Service Contract Labor Standards statute''
in its place;
g. Removing from paragraph (j) ``the Act'' and ``this Act'' and
adding ``Service Contract Labor Standards statute'' and ``this
statute'' in its place, respectively;
h. Removing from paragraphs (k), (l), and (o) ``the Act'' and
adding ``the Service Contract Labor Standards statute'' in their
places;
[[Page 57974]]
i. Revising paragraph (p)(1);
j. Removing from paragraph (p)(2) ``section 5 of the Act'' and
adding ``41 U.S.C. 6706'' in its place;
k. Removing from paragraph (q) ``Act'' and adding ``41 U.S.C.
6707'' in its place;
l. Revising paragraphs (q)(1) and (q)(2);
m. Removing from the introductory text of paragraph (s) ``section
2(a)(1) or section 2(b)(1) of the Act'' and adding ``41 U.S.C.
6703(1)'' in its place;
n. Removing from paragraph (s)(3) ``Contract Act'' and adding
``Contract Labor Standards'' in its place; and
o. Removing from paragraph (s)(4) ``section 4(c) of the Act'' and
adding ``41 U.S.C. 6707(c)'' in its place.
The revised text reads as follows:
52.222-41 Service Contract Labor Standards.
* * * * *
Service Contract Labor Standards (Date)
* * * * *
(p) * * *
(1) By entering into this contract, the Contractor (and
officials thereof) certifies that neither it nor any person or firm
who has a substantial interest in the Contractor's firm is a person
or firm ineligible to be awarded Government contracts by virtue of
the sanctions imposed under 41 U.S.C. 6706.
* * * * *
(q) * * *
(1) Apprentices, student-learners, and workers whose earning
capacity is impaired by age, physical or mental deficiency, or
injury may be employed at wages lower than the minimum wages
otherwise required by 41 U.S.C. 6703(1) without diminishing any
fringe benefits or cash payments in lieu thereof required under 41
U.S.C. 6703(2), in accordance with the conditions and procedures
prescribed for the employment of apprentices, student-learners,
persons with disabilities, and disabled clients of work centers
under section 14 of the Fair Labor Standards Act of 1938, in the
regulations issued by the Administrator (29 CFR parts 520, 521, 524,
and 525).
(2) The Administrator will issue certificates under the statute
for the employment of apprentices, student-learners, persons with
disabilities, or disabled clients of work centers not subject to the
Fair Labor Standards Act of 1938, or subject to different minimum
rates of pay under the two acts, authorizing appropriate rates of
minimum wages (but without changing requirements concerning fringe
benefits or supplementary cash payments in lieu thereof), applying
procedures prescribed by the applicable regulations issued under the
Fair Labor Standards Act of 1938 (29 CFR parts 520, 521, 524, and
525).
* * * * *
335. Amend section 52.222-42 by revising the date of the clause and
the introductory paragraph of the clause to read as follows:
52.222-42 Statement of Equivalent Rates for Federal Hires.
* * * * *
Statement of Equivalent Rates for Federal Hires (Date)
In compliance with the Service Contract Labor Standards statute
and the regulations of the Secretary of Labor (29 CFR Part 4), this
clause identifies the classes of service employees expected to be
employed under the contract and states the wages and fringe benefits
payable to each if they were employed by the contracting agency
subject to the provisions of 5 U.S.C. 5341 or 5332.
* * * * *
336. Amend section 52.222-43 by--
a. Revising the section and clause headings; and
b. Removing from paragraph (c) ``Act of 1965, as amended'' 41
U.S.C. 351, et seq.)'' and adding ``Labor Standards statute (41 U.S.C.
chapter 67)'' in its place.
The revised text reads as follows:
52.222-43 Fair Labor Standards Act and Service Contract Labor
Standards--Price Adjustment (Multiple Year and Option Contracts).
* * * * *
Fair Labor Standards Act and Service Contract Labor Standards--Price
Adjustment (Multiple Year and Option Contracts) (Date)
* * * * *
337. Amend section 52.222-44 by revising the section heading and
clause headings to read as follows:
52.222-44 Fair Labor Standards Act and Service Contract Labor
Standards--Price Adjustment.
* * * * *
Fair Labor Standards Act and Service Contract Labor Standards--Price
Adjustment (Date)
* * * * *
338. Amend section 52.222-48 by--
a. Revising the section and clause headings;
b. Removing from the introductory text of paragraph (b) ``Contract
Act'' and adding ``Contract Labor Standards statute'' in its place;
c. Removing from paragraph (b)(1) the words ``Act of 1965'' and
adding ``Labor Standards'' in its place; and
d. Removing from paragraphs (b)(2), (c)(1), and (c)(2) the words
``Contract Act'' and adding ``Contract Labor Standards'' in its place.
The revised text reads as follows:
52.222-48 Exemption from Application of the Service Contract Labor
Standards to Contracts for Maintenance, Calibration, or Repair of
Certain Equipment Certification.
* * * * *
Exemption From Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment
Certification (Date)
* * * * *
339. Amend section 52.222-49 by--
a. Revising the section and clause heading; and
b. Removing from paragraph (a) the words ``Contract Act'' and
adding ``Contract Labor Standards statute'' in its place.
The revised text reads as follows:
52.222-49 Service Contract Labor Standards--Place of Performance
Unknown.
* * * * *
Service Contract Labor Standards--Place of Performance Unknown (Date)
* * * * *
340. Amend section 52.222-51 by--
a. Revising the section and clause headings;
b. Removing from paragraph (e) the words ``Contract Act'' and
adding ``Contract Labor Standards statute'' in its place.
The revised text reads as follows:
52.222-51 Exemption from Application of the Service Contract Labor
Standards to Contracts for Maintenance, Calibration, or Repair of
Certain Equipment--Requirements.
* * * * *
Exemption From Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain
Equipment--Requirements (Date)
* * * * *
341. Amend section 52.222-52 by--
a. Revising the section and clause headings;
b. Removing from the introductory text of paragraph (b) ``Act'' and
adding ``Labor Standards statute'' in its place;
c. Removing from paragraph (b)(1) ``Act of 1965'' and adding
``Labor Standards'' in its place;
d. Removing from paragraph (b)(2) ``Act'' and adding ``Labor
Standards'' in its place; and
e. Removing from paragraphs (c)(1) and (c)(2) ``Act'' and adding
``Labor Standards'' in its place.
The revised text reads as follows:
52.222-52 Exemption from Application of the Service Contract Labor
Standards to Contracts for Certain Services--Certification.
* * * * *
Exemption From Application of the Service Contract Labor Standards to
Contracts for Certain Services--Certification
(Date)
* * * * *
342. Amend section 52.222-53 by--
[[Page 57975]]
a. Revising the section and clause headings;
b. Removing from paragraphs (f) and (g) ``Act'' and adding ``Labor
Standards statute'' in their places.
The revised text reads as follows:
52.222-53 Exemption from Application of the Service Contract Labor
Standards to Contracts for Certain Services--Requirements.
* * * * *
Exemption From Application of the Service Contract Labor Standards to
Contracts for Certain Services--Requirements (Date)
* * * * *
52.222-54 [Amended]
343. Amend section 52.222-54 by--
a. Removing from the clause heading ``(Jan 2009)'' and adding
``(Date)'' in its place; and
b. Removing from paragraph (a)(2) ``section 3 of the Shipping Act
of 1984 (46 U.S.C. App. 1702)'' and adding ``46 U.S.C. 40102(4)'' in
its place.
344. Amend section 52.225-1 by--
a. Revising the section and clause headings;
b. Removing from paragraph (a) in the definition ``Commercially
available of the shelf (COTS) item'', paragraph (2) ``section 3 of the
Shipping Act of 1984 (46 U.S.C. App. 1702)'' and adding ``46 U.S.C.
40102(4)'' in its place;
c. Revising paragraph (b); and
d. Removing from paragraph (d) the word ``Act''.
The revised text read as follows:
52.225-1 Buy American Supplies.
* * * * *
Buy American Supplies (Date)
* * * * *
(b) 41 U.S.C. chapter 83, Buy American, provides a preference
for domestic end products for supplies acquired for use in the
United States. In accordance with 41 U.S.C. 1907, the component test
of the Buy American statute is waived for an end product that is a
COTS item (See 12.505(a)(1))
* * * * *
345. Amend section 52.225-2 by--
a. Revising the section and clause headings; and
b. Removing from paragraph (a) ``Act''.
The revised text reads as follows:
52.225-2 Buy American Certificate.
* * * * *
Buy American Certificate (Date)
* * * * *
346. Amend section 52.225-3 by--
a. Revising the section and clause headings;
b. Removing from paragraph (a) in the definition ``Commercially
available off-the-shelf (COTS) item'' the words ``section 3 of the
Shipping Act of 1984 (46 U.S.C. App. 1702)'' and adding ``46 U.S.C.
40102(4)'' in its place;
c. Revising paragraph (c); and
d. Amend Alternate I by--
1. Removing from the introductory paragraph ``(Mar 2012)'' and
adding ``(Date)'' in its place;
2. Removing from paragraph (c) ``Act--''
e. Amend Alternate II by--
1. Removing from the introductory paragraph ``(Mar 2012)'' and
adding ``(Date)'' in its place; and
2. Removing from paragraph (c) ``Act--''.
The revised text read as follows:
52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act.
* * * * *
Buy American--Free Trade Agreements--Israeli Trade Act (Date)
* * * * *
(c) Delivery of end products. 41 U.S.C. chapter 83, Buy
American, provides a preference for domestic end products for
supplies acquired for use in the United States. In accordance with
41 U.S.C. 1907, the component test of the Buy American statute is
waived for an end product that is a COTS item (See 12.505(a)(1)). In
addition the Contracting Officer has determined that FTAs (except
the Bahrain, Morocco, Oman, and Peru FTAs) and the Israeli Trade Act
apply to this acquisition. Unless otherwise specified, these trade
agreements apply to all items in the Schedule. The Contractor shall
deliver under this contract only domestic end products except to the
extent that, in its offer, it specified delivery of foreign end
products in the provision entitled ``Buy American--Free Trade
Agreements--Israeli Trade Act Certificate.'' If the Contractor
specified in its offer that the Contractor would supply a Free Trade
Agreement country end product (other than a Bahrainian, Moroccan,
Omani, or Peruvian end product) or an Israeli end product, then the
Contractor shall supply a Free Trade Agreement country end product
(other than a Bahrainian, Moroccan, Omani, or Peruvian end product),
an Israeli end product or, at the Contractor's option, a domestic
end product.
* * * * *
347. Amend section 52.225-4 by--
a. Revising the section and clause headings;
b. Removing from paragraphs (a), (b) and (c) ``American Act--'' and
adding ``American'' in their places; and
c. Amend Alternate I by--
1. Removing from the introductory paragraph ``(Jan 2004)'' and
adding ``(Date)'' in its place;
2. Removing from paragraph (b) ``American Act--'' and adding
``American'' in its place;
d. Amending Alternate II by--
1. Removing from the introductory paragraph ``(Jan 2004)'' and
adding ``(Date)'' in its place; and
2. Removing from paragraph (b) ``American Act--'' and adding
``American'' in its place.
The revised text reads as follows:
52.225-4 Buy American Free Trade Agreements--Israeli Trade Act
Certificate.
* * * * *
Buy American Free Trade Agreements--Israeli Trade Act Certificate
(Date)
* * * * *
52.225-6 [Amended]
348. Amend section 52.225-6 by--
a. Removing from the provision heading ``(Jan 2005)'' and adding
``(Date)'' in its place; and
b. Removing from paragraph (c) ``Act'' and adding ``statute'' in
its place.
349. Amend section 52.225-7 by--
a. Revising the section and provision headings; and
b. Removing from paragraph (b) ``Act'' and adding ``statute'' in
its place.
The revised text reads as follows:
52.225-7 Waiver of Buy American Statute for Civil Aircraft and Related
Articles.
* * * * *
Waiver of Buy American Statute for Civil Aircraft and Related Articles
(Date)
* * * * *
350. Amend section 52.225-9 by--
a. Revising the section and clause headings;
b. Removing from paragraph (a) in the definition ``Commercially
available off-the-shelf (COTS) item'', in paragraph (2) ``section 3 of
the Shipping Act of 1984 (46 U.S.C. App. 1702)'' and adding ``46 U.S.C.
40102(4)'' in its place;
c. Revising the introductory text of paragraph (b)(1);
d. Removing from paragraphs (b)(3)(i), (b)(3)(ii), (c), (c)(2), and
(c)(3) ``Act'' and adding ``statute'' in their places;
The revised text read as follows:
52.225-9 Buy American--Construction Materials.
* * * * *
Buy American--Construction Materials (Date)
* * * * *
(b) * * *
(1) This clause implements 41 U.S.C. chapter 83, Buy American,
by providing a preference for domestic construction material. In
accordance with 41 U.S.C. 1907, the component test of the Buy
American statute is waived for construction material that is a COTS
item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic
construction material in performing this contract, except as
provided in paragraphs (b)(2) and (b)(3) of this clause.
* * * * *
[[Page 57976]]
351. Amend section 52.225-10 by--
a. Revising the section and provision headings;
b. Removing from paragraph (a) ``Act--'';
c. Removing from paragraph (b) ``Act'' and adding ``statute'' in
its place (two times);
d. Removing from the introductory text of paragraph (c) and
paragraph (c)(1) ``Act'' and adding ``statute'' in their places;
e. Amend Alternate I by--
1. Removing from the introductory paragraph ``(May 2002)'' and
adding ``(Date)'' in its place; and
2. Removing from paragraph (b) ``Act'' and adding ``statute'' in
its place;
The revised text reads as follows:
52.225-10 Notice of Buy American Requirement--Construction Materials.
* * * * *
Notice of Buy American Requirement--Construction Materials (Date)
* * * * *
352. Amend section 52.225-11 by--
a. Revising the section and clause headings;
b. Removing from paragraph (a) in the definition ``Commercially
available off-the-shelf (COTS) item'', in paragraph (2) ``section 3 of
the Shipping Act of 1984 (46 U.S.C. App. 1702)'' and adding ``46 U.S.C.
40102(4)'' in its place;
c. Revising paragraph (b)(1);
d. Removing from paragraphs (b)(4)((i) and (b)(4)(ii) ``Act'' and
adding ``statute'' in its place;
e. Removing from paragraph (c) ``Act'' and adding ``statute'' in
its place;
f. Removing from paragraph (c)(2) ``Act'' and adding ``statute'' in
its place;
g. Removing from paragraph (c)(3) ``Act'' and adding ``statute'' in
its place (two times);
h. Amend Alternate I by--
1. Removing from the introductory paragraph ``(Jun 2009)'' and
adding ``(Date)'' in its place; and
2. Revising paragraph (b)(1).
The revised text read as follows:
52.225-11 Buy American--Construction Materials Under Trade Agreements.
* * * * *
Buy American--Construction Materials Under Trade Agreements (Date)
* * * * *
(b) * * *
(1) This clause implements 41 U.S.C. chapter 83, Buy American by
providing a preference for domestic construction material. In
accordance with 41 U.S.C. 1907, the component test of the Buy
American statute is waived for construction material that is a COTS
item. (See FAR 12.505(a)(2)). In addition, the Contracting Officer
has determined that the WTO GPA and Free Trade Agreements (FTAs)
apply to this acquisition. Therefore, the Buy American restrictions
are waived for designated country construction materials.
* * * * *
Alternate I * * *
* * * * *
(b) * * *
(1) This clause implements 41 U.S.C. chapter 83, Buy American,
by providing a preference for domestic construction material. In
accordance with 41 U.S.C. 1907, the component test of the Buy
American statute is waived for construction material that is a COTS
item. (See FAR 12.505(a)(2)). In addition, the Contracting Officer
has determined that the WTO GPA and all the Free Trade Agreements
except the Bahrain FTA, NAFTA, and the Oman FTA apply to this
acquisition. Therefore, the Buy American restrictions are waived for
designated country construction materials other than Bahrainian,
Mexican, or Omani construction materials.
* * * * *
353. Amend section 52.225-12 by--
a. Revising the section and clause headings;
b. Removing from paragraph (a) ``Act'';
c. Removing from paragraph (b) ``Buy American Act'' and adding
``Buy American statute'' in its place (two times);
d. Removing from paragraphs (c)(1) the words ``Buy American Act''
and adding ``Buy American statute'' in its place; and
e. Amend Alternate I by--
1. Revising the date of Alernate I; and
2. Removing from paragraph (b) ``Buy American Act'' and adding
``Buy American statute'' in its place.
The revised text reads as follows:
52.225-12 Notice of Buy American Requirement--Construction Materials
Under Trade Agreements.
* * * * *
Notice of Buy American Requirement--Construction Materials Under Trade
Agreements (Date)
* * * * *
Alternate I (Date). * * *
* * * * *
354. Amend section 52.225-21 by--
a. Revising the section and clause headings;
b. Removing from paragraph (a) in the definition ``Domestic
construction material'' in paragraph (a)(1) ``Act'' and adding
``statute'' in its place;
c. Removing from paragraph (b)(1)(ii) ``The Buy American Act (41
U.S.C. 10a-10(d)'' and adding ``41 U.S.C. chapter 83, Buy American,''
in its place;
d. Removing from paragraph (b)(4)(iii) ``Act'' and adding
``statute'' in its place;
e. Removing from paragraphs (c) and (c)(2) ``Act'' and adding
``statute'' in its place; and
f. Removing from paragraph (c)(3) ``Act'' and adding ``statute'' in
its place (two times).
The revised text reads as follows:
52.225-21 Required Use of American Iron, Steel, and Manufactured
Goods--Buy American Statute--Construction Materials.
* * * * *
Required Use of American Iron, Steel, and Manufactured Goods--Buy
American Statute--Construction Materials (Date)
* * * * *
355. Amend section 52.225-22 by--
a. Revising the section and clause headings;
b. Removing from paragraph (a) ``Buy American Act'' and adding
``Buy American Statute'' in its place;
c. Removing from paragraph (b) ``American Act'' and adding
``American Statute'' in its place (two times), and removing
``inapplicability of 1605'' and adding inapplicability of section
1605'' in its place;
d. Removing from paragraph (c)(1) ``Buy American Act'' and adding
``Buy American statute'' in its place;
e. Amend Alternate I by--
1. Removing from the introductory text ``(Mar 2009)'' and adding
``(Date)'' in its place; and
f. Removing from paragraph (b) ``Buy American Act'' and adding
``Buy American statute'' in its place.
The revised text reads as follows:
52.225-22 Notice 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 (Date)
* * * * *
356. Amend section 52.225-23 by--
a. Revising the section and clause headings;
b. Removing from paragraph (a) in paragraph (1) of the definition
``Domestic construction material'', the words ``Buy American Act'' and
adding ``Buy American statute'' in its place;
c. Removing from paragraphs (b)(1), (b)(1)(ii), (b)(4)(iii), (c)
introductory text, (c)(2), and (c)(3) ``Buy American Act'' and adding
``Buy American statute'' in their places;
d. Amend Alternate I by--
1. Removing from the introductory text ``(Oct 2010)'' and adding
``(Date)'' in its place; and
e. Removing from paragraphs (b)(1) and (b)(1)(ii) the words ``Buy
American Act'' and adding ``Buy American statute'' in its place.
The revised text reads as follows:
[[Page 57977]]
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 (Date)
* * * * *
357. Amend section 52.225-24 by--
a. Revising the section and provision headings;
b. Removing from paragraphs (a) ``American Act'' and adding
``American statute'' in its place;
c. Removing from paragraphs (b) ``American Act'' and adding
``American statute'' in its place (two times);
d. Removing from paragraphs (c)(1) ``American Act'' and adding
``American statute'' in its place;
e. Amend Alternate I by--
1. Removing from the introductory text ``(MAR 2009)'' and adding
``(DATE)'' in its place; and
2. Removing from paragraph (b) ``American Act'' and adding
``American statute'' in its place.
The revised text reads as follows:
52.225-24 Notice of Required Use of American Iron, Steel, and
Manufactured Goods--Buy American Statute--Construction Materials Under
Trade Agreements.
* * * * *
Notice of Required Use of American Iron, Steel, and Manufactured
Goods--Buy American Statute Construction Materials Under Trade
Agreements (Date)
* * * * *
358. Amend section 52.226-6 by--
a. Revising the date of the clause; and
b. Removing from paragraph (b) ``(Pub. L. 110-247)'' and adding
``(42 U.S.C. 1792)'' in its place.
The revised text reads as follows:
52.226-6 Promoting Excess Food Donation to Nonprofit Organizations.
* * * * *
Promoting Excess Food Donation to Nonprofit Organizations (Date)
* * * * *
359. Amend section 52.227-11 by--
a. Revising the date of the clause; and
b. Removing from paragraph (k)(4) ``Contract Disputes Act'' and
adding ``Contract Disputes statute'' in its place.
The revised text reads as follows:
52.227-11 Patent Rights--Ownership by the Contractor.
* * * * *
Patent Rights--Ownership by the Contractor (Date)
* * * * *
360. Amend section 52.227-14 by--
a. Revising the date of the clause;
b. Removing from paragraph (a) in the definition ``Technical data''
the words ``databases (See 41 U.S.C. 403(8))'' and adding ``databases.
(See 41 U.S.C. 116)'' in its place; and
c. Removing from the introductory text of paragraph (e)(1) ``41
U.S.C. 253d'' and adding ``41 U.S.C. 4703'' in its place.
The revised text reads as follows:
52.227-14 Rights in Data--General.
* * * * *
Rights in Data--General (Date)
* * * * *
361. Amend section 52.227-20 by revising the date of the clause;
and removing from paragraph (a), in the definition ``Technical data''
the words ``41 U.S.C. 403(8)'' and adding ``41 U.S.C. 116'' in its
place. The revised text is as follows:
52.227-20 Rights in Data--SBIR Program.
* * * * *
Rights in Data--SBIR Program (Date)
* * * * *
362. Amend section 52.227-21 by revising the date of the clause;
and by removing from paragraph (a) ``41 U.S.C. 418a(d)(7)'' and adding
``41 U.S.C. 2302(e)(7)'' in its place. The revised text reads as
follows:
52.227-21 Technical Data Declaration, Revision, and Withholding of
Payment--Major Systems.
* * * * *
Technical Data Declaration, Revision, and Withholding of Payment--Major
System (Date)
* * * * *
363. Amend section 52.228-12 by revising the date of the clause and
the clause to read as follows:
52.228-12 Prospective Subcontractor Requests for Bonds.
* * * * *
Prospective Subcontractor Requests for Bonds (Date)
In accordance with Section 806(a)(3) of Pub. L. 102-190, as
amended by Sections 2091 and 8105 of Pub. L. 103-355 (10 U.S.C. 2302
note), upon the request of a prospective subcontractor or supplier
offering to furnish labor or material for the performance of this
contract for which a payment bond has been furnished to the
Government pursuant to 40 U.S.C. chapter 31, subchapter III, Bonds,
the Contractor shall promptly provide a copy of such payment bond to
the requester.
(End of clause)
364. Amend section 52.228-14 by revising the date of the clause;
and removing from paragraphs (c)(2)(i) and (c)(2)(ii) ``the Miller
Act'' and adding ``40 U.S.C. chapter 31, subchapter III, Bonds'' in its
place. The revised text reads as follows:
52.228-14 Irrevocable Letter of Credit.
* * * * *
Irrevocable Letter of Credit (Date)
* * * * *
365. Amend section 52.230-2 by revising the date of the clause; and
removing from paragraph (b) ``the Contract Disputes Act (41 U.S.C.
601)'' and adding ``41 U.S.C. chapter 71, Contract Disputes'' in its
place. The revised text reads as follows:
52.230-2 Cost Accounting Practices.
* * * * *
Cost Accounting Practices (Date)
* * * * *
366. Amend section 52.230-3 by revising the date of the clause; and
removing from paragraph (b) ``the Contract Disputes Act (41 U.S.C.
601)'' and adding ``41 U.S.C. chapter 71, Contract Disputes'' in its
place. The revised text reads as follows:
52.230-3 Disclosure and Consistency of Cost Accounting Practices.
* * * * *
Disclosure and Consistency of Cost Accounting Practices (Date)
* * * * *
367. Amend section 52.230-4 by revising the date of the clause; and
removing from paragraph (b) ``the Contract Disputes Act (41 U.S.C.
601)'' and adding ``41 U.S.C. chapter 71, Contract Disputes'' in its
place. The revised text reads as follows:
52.230-4 Disclosure and Consistency of Cost Accounting Practices--
Foreign Concerns.
* * * * *
Disclosure and Consistency of Cost Accounting Practices--Foreign
Concerns (Date)
* * * * *
368. Amend section 52.230-5 by revising the date of the clause; and
removing from paragraph (b) ``the Contract Disputes Act (41 U.S.C.
601)'' and adding ``41 U.S.C. chapter 71, Contract Disputes'' in its
place. The revised text reads as follows:
52.230-5 Cost Accounting Standards--Educational Institutions.
* * * * *
Cost Accounting Standards--Educational Institutions (Date)
* * * * *
369. Amend section 52.232-5 by revising the date of the clause; and
[[Page 57978]]
removing from paragraph (h)(3) ``41 U.S.C. 15'' and adding ``41 U.S.C.
6305'' in its place. The revised text reads as follows:
52.232-5 Payments Under Fixed-Price Construction Contracts.
* * * * *
Payments Under Fixed-Price Construction Contracts (Date)
* * * * *
370. Amend section 52.232-17 by revising the date of the clause;
and removing from paragraph (a) ``Section 611 of the Contract Disputes
Act of 1978 (Public L. 95-563)'' and adding ``41 U.S.C. 7109'' in its
place. The revised text reads as follows: 52.232-17 Interest.
* * * * *
Interest (Date)
* * * * *
371. Amend section 52.232-23 by revising the date of the clause;
and removing from paragraph (a) ``41 U.S.C. 15'' and adding ``41 U.S.C.
6305'' in its place. The revised text reads as follows:
Sec. 52.232-23 Assignment of Claims.
* * * * *
Assignment of Claims (Date)
* * * * *
372. Amend section 52.232-24 by revising the date of the clause and
the clause to read as follows:
Sec. 52.232-24 Prohibition of Assignment of Claims.
* * * * *
Prohibition of Assignment of Claims (Date)
The assignment of claims under the Assignment of Claims Act of
1940 (31 U.S.C. 3727, 41 U.S.C. 6305) is prohibited for this
contract.
(End of clause)
373. Amend section 52.232-27 by--
a. Revising the date of the clause;
b. Removing from paragraphs (c)(2)(ii) and (e)(4)(ii) ``section 12
of the Contract Disputes Act of 1978 (41 U.S.C. 611)'' and adding ``41
U.S.C. 7109'' in its place;
c. Removing from paragraph (f)(1) ``the Miller Act (40 U.S.C.
3133)'' and adding ``40 U.S.C. 3133'' in its place; and
d. Removing from paragraph (f)(2)(ii) ``section 12 of the Contract
Disputes Act of 1978 (41 U.S.C. 611)'' and adding ``41 U.S.C. 7109'' in
its place.
The revised text reads as follows:
Sec. 52.232-27 Prompt Payment for Construction Contracts.
* * * * *
Prompt Payment for Construction Contracts (Date)
* * * * *
374. Amend section 52.232-31 by revising the date of the clause;
and removing from paragraph (c) ``41 U.S.C. 255(f)'' and adding ``41
U.S.C. 4505'' in its place. The revised text reads as follows:
Sec. 52.232-31 Invitation to Propose Financing Terms.
* * * * *
Invitation To Propose Financing Terms (Date)
* * * * *
375. Amend section 52.232-36 by revising the date of the clause;
and removing from paragraph (e) ``, as amended, 31 U.S.C. 3727, 41
U.S.C. 15'' and adding ``(31 U.S.C. 3727, 41 U.S.C. 6305)'' in its
place. The revised text reads as follows:
52.232-36 Payment by Third Party.
* * * * *
Payment by Third Party (Date)
* * * * *
376. Amend section 52.233-1 by--
a. Revising the date of the clause and paragraph (a);
b. Removing from paragraph (b) ``the Act'' and adding ``chapter
71'' in its place;
c. Removing from paragraph (c) ``the Act'' and adding ``chapter
71'' in its place (three times);
d. Removing from paragraphs (d)(2)(iii) and (d)(3) ``duly''; and
e. Removing from paragraph (f) ``the Act'' and adding ``chapter
71'' in its place.
The revised text reads as follows:
52.233-1 Disputes.
* * * * *
Disputes (Date)
(a) This contract is subject to 41 U.S.C. chapter 71, Contract
Disputes.
* * * * *
377. Amend section 52.234-4 by revising the date of the clause; and
removing from paragraph (f) ``a duly'' and adding ``an'' in its place.
The revised text reads as follows:
52.234-4 Earned Value Management System.
* * * * *
Earned Value Management System (Date)
* * * * *
378. Amend section 52.237-9 by revising the date of the clause; and
removing from paragraph (a) ``41 U.S.C. 256(c)(2)(A)'' and adding ``41
U.S.C. 4304(b)(1)'' in its place. The revised text reads as follows:
52.247-9 Waiver of Limitation on Severance Payment to Foreign
Nationals.
* * * * *
Waiver of Limitation on Severance Payments to Foreign Nationals (Date)
* * * * *
379. Amend section 52.242-3 by--
a. Revising the date of the clause;
b. Removing from paragraph (b) ``41 U.S.C. 256'' and adding ``41
U.S.C. chapter 43'' in its place; and
c. Removing from paragraph (f) ``the Contract Disputes Act of 1978
(41 U.S.C. 601, et seq.)'' and adding ``chapter 71, Contract Disputes''
in its place.
The revised text reads as follows:
52.242-3 Penalties for Unallowable Costs.
* * * * *
Penalties for Unallowable Costs (Date)
* * * * *
380. Amend section 52.244-6 by--
a. Revising the date of the clause;
b. Removing from paragraph (c)(1)(i) ``(Pub. L. 110-252, Title VI,
Chapter 1 (41 U.S.C. 251 note))'' and adding ``(41 U.S.C. 3509)'' in
its place; and
c. Removing from paragraph (c)(1)(iii) ``(DEC 2010)'' and adding
``(DATE)'' in its place.
The revised text reads as follows:
52.244-6 Subcontracts for Commercial Items.
* * * * *
Subcontracts for Commercial Items (Date)
* * * * *
PART 53--FORMS
53.214 [Amended]
375. Amend section 53.214 by removing from paragraph (a) ``(Rev. 5/
2011)'' and adding ``(Rev. 3/2012)'' in its place.
376. Amend section 53.222 by--
a. Revising paragraph (c);
b. Removing from paragraph (d) ``Act'' and adding ``Statute'' in
its place; and revising paragraphs (e), (f), and (h) to read as
follows:
53.222 Application of labor laws to Government acquisitions (SF's 308,
1093, 1413, 1444, 1445, 1446, WH-347).
* * * * *
(c) SF 308 (DOL) (Rev. 1/2012), Request for Wage Determination and
Response to Request. (See 22.404-3(a) and (b).)
(d) SF 1093 (Rev. 5/2012), Schedule of Withholdings Under the
Construction Wage Rate Requirements Statute (40 U.S.C. Chapter 31,
Subchapter IV, Sec. 3144) and/or the Contract Work Hours and Safety
Standards Statute (40 U.S.C. Chapter 37, Sec. 3703).
(e) SF 1413 (Rev. 2/2012), Statement and Acknowledgment. SF 1413 is
prescribed for use in obtaining contractor acknowledgment of inclusion
of required clauses in subcontracts, as specified in 22.406-5.
[[Page 57979]]
(f) Form SF 1444 (Rev. 2/2012), Request for Authorization of
Additional Classification and Rate. (See 22.406-3(a) and 22.1019.)
* * * * *
(h) SF 1446 (Rev. 4/2012), Labor Standards Investigation Summary
Sheet. (See 22.406-8(d).)
* * * * *
53.228 [Amended]
377. Amend section 53.228 by--
a. Removing from paragraph (b) ``(Rev. 5/96)'' and adding ``(Rev.
2/2012)'' in its place;
b. Removing from paragraph (c) ``(Rev. 10/98)'' and adding ``(Rev.
2/2012)'' in its place; and
c. Removing from paragraphs (h) and (i) ``(Rev. 10/98)'' and
``Miller Act'' and adding ``Bond Statute'' and ``(Rev. 2/2012)'' in its
place, respectively.
53.236-2 [Amended]
378. Amend section 53.236-2 by removing from paragraph (b) ``(6/
04)'' and adding ``(Rev. 2/2012)'' in its place.
378. Revise section 53.301-25 to read as follows:
53.301-25 Performance Bond.
[Insert SF 25 here.]
379. Revise section 53.301-25A to read as follows:
53.301-25A Payment Bond.
[Insert SF 25A here.]
380. Revise section 53.301-26 to read as follows:
53.301-26 Award/Contract.
[Insert SF 26 here.]
381. Revise section 53.301-273 to read as follows:
53.301-273 Reinsurance Agreement for a Bonds Statute Peformance Bond.
[Insert SF 273 here.]
382. Revise section 53.301-274 to read as follows:
53.301-274 Reinsurance Agreement for a Bonds Statute Payment Bond.
[Insert SF 274 here.]
383. Revise section 53.301-308 to read as follows:
53.301-308 Request for Wage Determination and Response To Request.
[Insert SF 308 here.]
384. Revise section 53.301-330 to read as follows:
53.301-330 Architect-Engineer Qualifications.
[Insert SF 330 here.]
385. Revise section 53.301-1093 to read as follows:
53.301-1093 Schedule of Withholdings Under the Construction Wage Rate
Requirements Statute (40 U.S.C. Chapter 31, Subchapter IV, Sec. 3144)
and/or the Contract Work Hours and Safety Standards Statute (40 U.S.C.
Chapter 37, Sec. 3703).
[Insert SF 1093 here.]
386. Revise section 53.301-1413 to read as follows:
53.301-1413 Statement and Acknowledgement.
[Insert SF 1413 here.]
387. Revise section 53.301-1444 to read as follows:
53.301-1444 Request for Authorization of Additional Classification and
Rate.
[Insert SF 1444 here.]
388. Revise section 53.301-1446 to read as follows:
53.301-1446 Labor Standards Investigation Summary Sheet.
[Insert SF 1446 here.]
[FR Doc. 2012-21874 Filed 9-17-12; 8:45 am]
BILLING CODE 6820-14-P