Federal Acquisition Regulation; Federal Acquisition Circular 2022-05; Introduction
| Published date | 07 March 2022 |
| Citation | 87 FR 12780 |
| Record Number | 2022-04179 |
| Section | Rules and Regulations |
| Court | Defense Department,National Aeronautics And Space Administration |
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
Monday,
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]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR-2022-0051, Sequence No. 2]
Federal Acquisition Regulation; Federal Acquisition Circular
2022-05; Introduction
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of a final rule.
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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
2021-008.
Rule Listed in FAC 2022-05
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Subject FAR case
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Amendments to the FAR Buy American Act--Requirements........ 2021-008
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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
circumstances.
In addition, the final rule creates a framework for application of
an enhanced price preference for a domestic product/domestic
construction material that is considered a critical item or made up of
critical components. The list of critical items and critical
components, along with the associated enhanced price preference, will
be incorporated in the FAR through separate rulemaking.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
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
Administration.
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
Defense.
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
