2020-29089. Federal Acquisition Regulation; Technical Amendments  

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    AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    This document makes amendments to the Federal Acquisition Regulation (FAR) in order to make needed editorial changes.

    DATES:

    Effective: February 16, 2021.

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    FOR FURTHER INFORMATION CONTACT:

    Ms. Lois Mandell, Regulatory Secretariat Division (MVCB), at 202-501-4755 or GSARegSec@gsa.gov. Please cite FAC 2021-03, Technical Amendments.

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    SUPPLEMENTARY INFORMATION:

    In order to update certain elements in 48 CFR parts 2, 15, 17, 37, and 52 this document makes editorial changes to the FAR.

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    List of Subjects in 48 CFR Parts 2, 15, 17, 37 and 52

    • Government procurement
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    William F. Clark,

    Director, Office of Government-Wide Acquisition Policy, Office of Acquisition Policy, Office of Government-Wide Policy.

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    Therefore, DoD, GSA, and NASA amend 48 CFR parts 2, 15, 17, 37, and 52 as set forth below:

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    1. The authority citation for 48 CFR parts 2, 15, 17, 37, and 52 continues to read as follows:

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    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113.

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    PART 2—DEFINITIONS OF WORDS AND TERMS

    [Amended]
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    2. Amend section 2.101, in paragraph (b), in the definition “ Ineligible” by removing from paragraph (4) “$15,000” and adding “$10,000” in its place.

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    PART 15—CONTRACTING BY NEGOTIATION

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    3. Amend section 15.209 by adding paragraph (e) to read as follows:

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    Solicitation provisions and contract clauses.
    * * * * *

    (e) The contracting officer shall insert the provision at 52.215-5, Facsimile Proposals, in solicitations if facsimile proposals are authorized (see 15.203(d)).

    * * * * *
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    PART 17—SPECIAL CONTRACTING METHODS

    1 [Amended]
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    4. Amend section 17.502-1 by—

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    a. Removing from the sixth sentence of paragraph (a)(1)(i) “Policy” and “__acq/iac__” adding “Policy (OFPP)” and “_acq/iac_” in their place; respectively; and

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    b. Removing from paragraph (b) introductory text “Office of Federal Procurement Policy (OFPP)” and adding “OFPP” in its place.

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    PART 37—SERVICE CONTRACTING

    [Amended]
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    5. Amend section 37.103 in paragraph (d) by removing “ 42 U.S.C. 13041, as amended,” and adding “34 U.S.C. 20351” in its place.

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    PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

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    6. Amend section 52.212-3 by—

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    a. Revising the date of the provision; and

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    b. Revising paragraph (f)(2);

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    c. Revising the table in paragraph (g)(1)(ii), and the undesignated tables in (g)(1)(iii), (g)(2), and (g)(3);

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    d. Revising the tables in (g)(4) and (g)(5)(ii); and

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    e. Revising the paragraph (i)(1).

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    The revisions read as follows:

    Offeror Representations and Certifications—Commercial Items.
    * * * * *

    Offeror Representations and Certifications—Commercial Items (Feb 2021)

    * * * * *

    (f) * * *

    (2) Foreign End Products:

    Line item No.Country of origin

    [List as necessary]

    * * * * *

    (g)(1) * * *

    (ii) * * *Start Printed Page 3688

    Line item No.Country of origin

    [List as necessary]

    (iii) * * *

    Other Foreign End Products:

    Line item No.Country of origin

    [List as necessary]

    * * * * *

    (2) * * *

    Canadian End Products:

    Line item No.

    [List as necessary]

    (3) * * *

    Canadian or Israeli End Products:

    Line item No.Country of origin

    [List as necessary]

    (g)(4) * * *

    * * * * *
    Line item No.Country of origin

    [List as necessary]

    (5) * * *

    (ii) * * *

    Other End Products:

    Line item No.Country of origin

    [List as necessary]

    * * * * *

    (i) * * *

    (1) Listed end products.

    Listed end productListed countries of origin
    * * * * *
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    7. Amend section 52.212-5 in Alternate II by—

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    a. Revising the date of the Alternate; and

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    b. Revising paragraphs (e)(1)(ii)(R)( 1) and (2) to read as follows:

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    Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items.
    * * * * *

    Alternate II (Feb 2021). * * *

    (e)(1) * * *

    (ii) * * *

    (R)__(1) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

    ___(2) Alternate I (Jan 2017) of 52.224-3.

    * * * * *
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    8. Amend section 52.213-4 by—

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    a. Revising the date of the clause; and

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    b. Adding paragraph (a)(2)(ix).

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    The revision and addition read as follows:

    Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items).
    * * * * *

    Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items) (Feb 2021)

    * * * * *

    (a) * * *

    (2) * * *

    (ix) 52.253-1, Computer Generated Forms (Jan 1991).

    * * * * *
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    9. Amend section 52.222-18 by revising the date of the provision and the undesignated table in paragraph (b) to read as follows:

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    Certification Regarding Knowledge of Child Labor for Listed End Products.
    * * * * *

    Certification Regarding Knowledge of Child Labor for Listed End Products (Feb 2021)

    * * * * *

    (b) * * *

    Listed end productListed countries of origin
    * * * * *
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    10. Amend section 52.223-3 by revising the date of the clause and the undesignated table in paragraph (b) to read as follows:

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    Hazardous Material Identification and Material Safety Data.
    * * * * *

    Hazardous Material Identification and Material Safety Data (Feb 2021)

    * * * * *

    (b) * * *

    Material (if none, insert None)Identification No.
    * * * * *
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    11. Amend section 52.225-2 by revising the date of the provision and paragraph (b) to read as follows:

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    Buy American Certificate.
    * * * * *

    Buy American Certificate (Feb 2021)

    * * * * *

    (b) Foreign End Products:

    Line item No.Country of origin

    [List as necessary]

    * * * * *
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    12. Amend section 52.225-4 by—

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    a. Revising the section heading and the date of the provision;

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    b. Revising the table in paragraphs (b) and (c);

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    c. Revising the date of Alternate II and the undesignated table in paragraph (b) of Alternate II; and

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    d. Revising the date of Alternate III and the table in paragraph (b) of Alternate III.

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    The revisions read as follows:

    Buy American—Free Trade Agreements—Israeli Trade Act Certificate.
    * * * * *
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    Buy American—Free Trade Agreements—Israeli Trade Act Certificate (Feb 2021)

    * * * * *

    (b) * * *

    Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

    Line item No.Country of origin

    [List as necessary]

    (c) * * *

    Other Foreign End Products:

    Line item No.Country of origin

    [List as necessary]

    * * * * *

    Alternate II (Feb 2021). * * *

    (b) * * *

    Canadian or Israeli End Products:

    Line item No.Country of origin

    [List as necessary]

    Alternate III (Feb 2021). * * *

    (b) * * *

    Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

    Line item No.Country of origin

    [List as necessary]

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    13. Amend section 52.225-6 by revising the date of the provision and the undesignated table in paragraph (b) to read as follows:

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    Trade Agreements Certificate.
    * * * * *

    Trade Agreements Certificate (Feb 2021)

    * * * * *

    (b) * * *

    Other End Products:

    Line item No.Country of origin

    [List as necessary]

    * * * * *
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    14. Amend section 52.225-9 by revising the date of the clause and paragraph (b)(2) to read as follows:

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    Buy American—Construction Materials.
    * * * * *

    Buy American—Construction Materials (Feb 2021)

    * * * * *

    (b) * * *

    (2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

    ____ [Contracting Officer to list applicable excepted materials or indicate “none”]

    * * * * *
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    15. Amend section 52.225-13 by—

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    a. Revising the date of clause; and

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    b. Removing from paragraph (b) “ http://www.treas.gov/​offices/​enforcement/​ofac/​sdn and “http://www.treas.gov/​offices/​enforcement/​ofac and adding “https://home.treasury.gov/​policy-issues/​financial-sanctions/​specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists and “https://home.treasury.gov/​policy-issues/​office-of-foreign-assets-control-sanctions-programs-and-information in their places, respectively.

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    The revision reads as follows:

    Restrictions on Certain Foreign Purchases.
    * * * * *

    Restrictions on Certain Foreign Purchases (Feb 2021)

    * * * * *
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    16. Amend section 52.229-12 by—

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    a. Revising the date of clause; and

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    b. Removing from paragraph (d) “3ontractor must identify” and adding “the Contractor must identify” in its place.

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    The revision reads as follows:

    Tax on Certain Foreign Procurements.
    * * * * *

    Tax on Certain Foreign Procurements (Feb 2021)

    * * * * *
    End Supplemental Information

    [FR Doc. 2020-29089 Filed 1-13-21; 8:45 am]

    BILLING CODE 6820-EP-P

Document Information

Effective Date:
2/16/2021
Published:
01/14/2021
Department:
National Aeronautics and Space Administration
Entry Type:
Rule
Action:
Final rule.
Document Number:
2020-29089
Dates:
Effective: February 16, 2021.
Pages:
3687-3689 (3 pages)
Docket Numbers:
FAC 2021-03, Item IV, Docket No. FAR-2020-0052, Sequence No. 4
Topics:
Government procurement
PDF File:
2020-29089.pdf
Supporting Documents:
» Federal Acquisition Regulation: Technical Amendments
» Federal Acquisition Regulation: Technical Amendments
» Federal Acquisition Regulation: Technical Amendments
» Federal Acquisition Regulations: Technical Amendments
CFR: (15)
48 CFR 2.101
48 CFR 15.209
48 CFR 17.502
48 CFR 37.103
48 CFR 52.212-3
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