Federal Acquisition Regulation; Federal Acquisition Circular 2022-05; Introduction

CourtDefense Department,National Aeronautics And Space Administration
Citation87 FR 12780
Record Number2022-04179
SectionRules and Regulations
Published date07 March 2022
Federal Register, Volume 87 Issue 44 (Monday, March 7, 2022)
[Federal Register Volume 87, Number 44 (Monday, March 7, 2022)]
                [Rules and Regulations]
                [Page 12780]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2022-04179]
                [[Page 12779]]
                Vol. 87
                No. 44
                March 7, 2022
                Part IIDepartment of DefenseGeneral Services AdministrationNational Aeronautics and Space Administration-----------------------------------------------------------------------48 CFR Chapter 1Federal Acquisition Regulations; Final Rules
                Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Rules
                and Regulations
                [[Page 12780]]
                48 CFR Chapter 1
                [Docket No. FAR-2022-0051, Sequence No. 2]
                Federal Acquisition Regulation; Federal Acquisition Circular
                2022-05; Introduction
                AGENCY: Department of Defense (DoD), General Services Administration
                (GSA), and National Aeronautics and Space Administration (NASA).
                ACTION: Summary presentation of a final rule.
                SUMMARY: This document summarizes the Federal Acquisition Regulation
                (FAR) rule agreed to by the Civilian Agency Acquisition Council and the
                Defense Acquisition Regulations Council (Councils) in this Federal
                Acquisition Circular (FAC) 2022-05. A companion document, the Small
                Entity Compliance Guide (SECG), follows this FAC.
                DATES: For effective date see the separate documents, which follow.
                FOR FURTHER INFORMATION CONTACT: Ms. Mahruba Uddowla, Procurement
                Analyst, at 703-605-2868 or by email at [email protected], for
                clarification of content. For information pertaining to status or
                publication schedules, contact the Regulatory Secretariat Division at
                202-501-4755 or [email protected]. Please cite FAC 2022-05, FAR Case
                 Rule Listed in FAC 2022-05
                 Subject FAR case
                Amendments to the FAR Buy American Act--Requirements........ 2021-008
                ADDRESSES: The FAC, including the SECG, is available at https://www.regulations.gov.
                SUPPLEMENTARY INFORMATION: A summary for the FAR rule follows. For the
                actual revisions and/or amendments made by this FAR rule, refer to the
                specific subject set forth in the document following this summary. FAC
                2022-05 amends the FAR as follows:
                Amendments to the FAR Buy American Act Requirements (FAR Case 2021-008)
                 This final rule amends the Federal Acquisition Regulation (FAR) to
                implement section 8 of E.O. 14005, Ensuring the Future Is Made in All
                of America by All of America's Workers. Upon the October 25, 2022,
                effective date, this final FAR rule changes the domestic content
                threshold to 60 percent immediately, then to 65 percent for items
                delivered starting in calendar year 2024, and then to 75 percent for
                items delivered starting in calendar year 2029. While a supplier that
                is awarded a contract with a period of performance that spans this
                schedule of domestic content threshold increases will be required to
                comply with each increased threshold for the items in the year of
                delivery, this rule allows for the agency senior procurement executive
                to apply an alternate domestic content test under which the contractor
                would be required to comply with the domestic content threshold in
                place at time of award for the entire life of the contract.
                 This final rule also creates a fallback threshold that would allow
                for products and construction material meeting a 55 percent domestic
                content threshold to qualify as ``domestic'' under certain
                 In addition, the final rule creates a framework for application of
                an enhanced price preference for a domestic product/domestic
                construction material that is considered a critical item or made up of
                critical components. The list of critical items and critical
                components, along with the associated enhanced price preference, will
                be incorporated in the FAR through separate rulemaking.
                William F. Clark,
                Director, Office of Government-wide Acquisition Policy, Office of
                Acquisition Policy, Office of Government-wide Policy.
                 Federal Acquisition Circular (FAC) 2022-05 is issued under the
                authority of the Secretary of Defense, the Administrator of General
                Services, and the Administrator of National Aeronautics and Space
                 Unless otherwise specified, all Federal Acquisition Regulation
                (FAR) and other directive material contained in FAC 2022-05 is
                effective March 7, 2022 except for FAR Case 2021-008, which is
                effective October 25, 2022.
                John M. Tenaglia,
                Principal Director, Defense Pricing and Contracting, Department of
                Jeffrey A. Koses,
                Senior Procurement Executive/Deputy CAO, Office of Acquisition
                Policy, U.S. General Services Administration.
                Karla Smith Jackson,
                Assistant Administrator for Procurement, Senior Procurement
                Executive, National Aeronautics and Space Administration.
                [FR Doc. 2022-04179 Filed 3-4-22; 8:45 am]
                BILLING CODE 6820-EP-P

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