80_FR_26515 80 FR 26427 - Federal Acquisition Regulation; Technical Amendments

80 FR 26427 - Federal Acquisition Regulation; Technical Amendments

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 80, Issue 88 (May 7, 2015)

Page Range26427-26428
FR Document2015-11031

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

Federal Register, Volume 80 Issue 88 (Thursday, May 7, 2015)
[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)]
[Rules and Regulations]
[Pages 26427-26428]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11031]



DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 4, 22, 39, and 52

[FAC 2005-82; Item IV; Docket No. 2015-0052; Sequence No. 1]


Federal Acquisition Regulation; Technical Amendments

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 editorial changes.

DATES: Effective: May 7, 2015.

FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat Division 
(MVCB), 1800 F Street NW., 2nd Floor, Washington, DC 20405, 202-501-
4755, for information pertaining to status or publication schedules. 
Please cite FAC 2005-82, Technical Amendments.

SUPPLEMENTARY INFORMATION: In order to update certain elements in 48 
CFR parts 4, 22, 39, and 52 this document makes editorial changes to 
the FAR.

List of Subject in 48 CFR Parts 4, 22, 39, and 52

    Government procurement.

    Dated: April 30, 2015.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

    Therefore, DoD, GSA, and NASA amend 48 CFR parts 4, 22, 39, and 52 
as set forth below:

0
1. The authority citation for 48 CFR parts 4, 22, 39, and 52 continues 
to read as follow:

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

PART 4--ADMINISTRATIVE MATTERS


4.905  [Amended]

0
2. Amend section 4.905 by removing from paragraph (a) ``provisionat'' 
and adding ``provision at'' in its place.

PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

0
3. Amend section 22.102-2 by revising the first sentence of paragraph 
(a) to read as follows:


22.102-2  Administration.

    (a) Agencies shall cooperate with, and encourage contractors to use 
to the fullest extent practicable, the DOL Employment and Training 
Administration (DOLETA) at http://www.doleta.gov, and its affiliated 
local offices in meeting contractors' labor requirements. * * *
* * * * *

PART 39--ACQUISITION OF INFORMATION TECHNOLOGY


39.101  [Amended]

0
4. Amend section 39.101 by removing from paragraph (a)(1)(ii) 
``(EPEAT)'' and adding ``(EPEAT[supreg])'' in its place.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
5. Amend section 52.212-4 by revising the date of the clause and adding 
paragraph (v) to read as follows:


52.212-4  Contract Terms and Conditions--Commercial Items.

* * * * *

Contract Terms and Conditions--Commercial Items (May 2015)

* * * * *
    (v) Incorporation by reference. The Contractor's representations 
and certifications, including those completed electronically via the 
System for Award Management (SAM), are incorporated by reference 
into the contract.
* * * * *

0
6. Amend section 52.212-5 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (b)(36)(i) ``(Jun 2014)+(E.O.s'' and adding 
``(JUN 2014) (E.O.s'' in its place;
0
c. Removing from paragraph (b)(36)(ii) ``(ii) Alternate I'' and adding 
and ``___ (ii) Alternate I'' in its place;
0
d. Removing from paragraph (b)(39)(ii) ``(ii) Alternate I'' and adding 
``___ (ii) Alternate I'' in its place; and
0
e. Revising paragraph (e)(1)(v).
    The revision 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 (May 2015)

* * * * *

[[Page 26428]]

    (e) * * *
    (1) * * *
    (v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).
* * * * *

0
7. Amend section 52.213-4 by revising the date of the clause and 
paragraphs (a) and (b) to read as follows:


52.213-4  Terms and Conditions--Simplified Acquisitions (Other Than 
Commercial Items).

Terms and Conditions--Simplified Acquisitions (Other than Commercial 
Items)(May 2015)

    (a) The Contractor shall comply with the following Federal 
Acquisition Regulation (FAR) clauses that are incorporated by 
reference:
    (1) The clauses listed below implement provisions of law or 
Executive order:
    (i) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
    (ii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
    (iii) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).
    (iv) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 
2008) (E.O.s, proclamations, and statutes administered by the Office 
of Foreign Assets Control of the Department of the Treasury).
    (v) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
    (vi) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 
2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note).
    (2) Listed below are additional clauses that apply:
    (i) 52.232-1, Payments (APR 1984).
    (ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).
    (iii) 52.232-11, Extras (APR 1984).
    (iv) 52.232-25, Prompt Payment (JUL 2013).
    (v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 
2013).
    (vi) 52.232-40, Providing Accelerated Payments to Small Business 
Subcontractors (DEC 2013).
    (vii) 52.233-1, Disputes (MAY 2014).
    (viii) 52.244-6, Subcontracts for Commercial Items (APR 2015).
    (ix) 52.253-1, Computer Generated Forms (JAN 1991).
    (b) The Contractor shall comply with the following FAR clauses, 
incorporated by reference, unless the circumstances do not apply:
    (1) The clauses listed below implement provisions of law or 
Executive order:
    (i) 52.204-10, Reporting Executive Compensation and First-Tier 
Subcontract Awards (JUL 2013) (Pub. L. 109-282) (31 U.S.C. 6101 
note) (Applies to contracts valued at $25,000 or more).
    (ii) 52.222-19, Child Labor--Cooperation with Authorities and 
Remedies (JAN 2014) (E.O. 13126). (Applies to contracts for supplies 
exceeding the micro-purchase threshold).
    (iii) 52.222-20, Contracts for Materials, Supplies, Articles, 
and Equipment Exceeding $15,000 (MAY 2014) (41 U.S.C. chapter 65) 
(Applies to supply contracts over $15,000 in the United States, 
Puerto Rico, or the U.S. Virgin Islands).
    (iv) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 
U.S.C. 4212) (Applies to contracts of $100,000 or more).
    (v) 52.222-36, Equal Employment for Workers with Disabilities 
(JUL 2014) (29 U.S.C. 793) (Applies to contracts over $15,000, 
unless the work is to be performed outside the United States by 
employees recruited outside the United States). (For purposes of 
this clause, ``United States'' includes the 50 States, the District 
of Columbia, Puerto Rico, the Northern Mariana Islands, American 
Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)
    (vi) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 
U.S.C. 4212) (Applies to contracts of $100,000 or more).
    (vii) 52.222-41, Service Contract Labor Standards (MAY 2014) (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).
    (viii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) 
(22 U.S.C. chapter 78 and E.O 13627) (Applies to all solicitations 
and contracts).
    (B) Alternate I (MAR 2015) (Applies if the Contracting Officer 
has filled in the following information with regard to applicable 
directives or notices: Document title(s), source for obtaining 
document(s), and contract performance location outside the United 
States to which the document applies).
    (ix) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 
2014) (Executive Order 13658) (Applies when 52.222-6 or 52.222-41 
are in the contract and performance in whole or in part is in the 
United States the 50 States and the District of Columbia).
    (x) 52.223-5, Pollution Prevention and Right-to-Know Information 
(MAY 2011) (E.O. 13423) (Applies to services performed on Federal 
facilities).
    (xi) 52.223-15, Energy Efficiency in Energy-Consuming Products 
(DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, 
applies to contracts when energy-consuming products listed in the 
ENERGY STAR[supreg] Program or Federal Energy Management Program 
(FEMP) will be--
    (A) Delivered;
    (B) Acquired by the Contractor for use in performing services at 
a Federally-controlled facility;
    (C) Furnished by the Contractor for use by the Government; or
    (D) Specified in the design of a building or work, or 
incorporated during its construction, renovation, or maintenance).
    (xii) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. 
chapter 67) (Applies to contracts for supplies, and to contracts for 
services involving the furnishing of supplies, for use in the United 
States or its outlying areas, if the value of the supply contract or 
supply portion of a service contract exceeds the micro-purchase 
threshold and the acquisition--
    (A) Is set aside for small business concerns; or
    (B) Cannot be set aside for small business concerns (see 19.502-
2), and does not exceed $25,000).
    (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit 
Organizations (MAY 2014) (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).
    (xiv) 52.232-33, Payment by Electronic Funds Transfer--System 
for Award Management (JUL 2013) (Applies when the payment will be 
made by electronic funds transfer (EFT) and the payment office uses 
the System for Award Management (SAM) database as its source of EFT 
information.)
    (xv) 52.232-34, Payment by Electronic Funds Transfer--Other than 
System for Award Management (JUL 2013) (Applies when the payment 
will be made by EFT and the payment office does not use the SAM 
database as its source of EFT information.)
    (xvi) 52.247-64, Preference for Privately Owned U.S.-Flag 
Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241) (Applies to 
supplies transported by ocean vessels (except for the types of 
subcontracts listed at 47.504(d).)
    (2) Listed below are additional clauses that may apply:
    (i) 52.209-6, Protecting the Government's Interest When 
Subcontracting with Contractors Debarred, Suspended, or Proposed for 
Debarment (AUG 2013) (Applies to contracts over $30,000).
    (ii) 52.211-17, Delivery of Excess Quantities (SEP 1989) 
(Applies to fixed-price supplies).
    (iii) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies 
if delivery is f.o.b. origin).
    (iv) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to 
supplies if delivery is f.o.b. destination).
* * * * *

0
8. Amend section 52.223-16 by revising the section heading to read as 
follows:


52.223-16  Acquisition of EPEAT[supreg]-Registered Personal Computer 
Products.

* * * * *
[FR Doc. 2015-11031 Filed 5-6-15; 8:45 am]
 BILLING CODE 6820-EP-P



                                                                      Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Rules and Regulations                                            26427

                                                 meaning of the Regulatory Flexibility                   DEPARTMENT OF DEFENSE                                 PART 22—APPLICATION OF LABOR
                                                 Act, 5 U.S.C. 601, et seq., because this                                                                      LAWS TO GOVERNMENT
                                                 rule removes references to the ACASS                    GENERAL SERVICES                                      ACQUISITIONS
                                                 and CCASS modules since these                           ADMINISTRATION
                                                 modules were merged into CPARS on                                                                             ■ 3. Amend section 22.102–2 by
                                                 July 1, 2014. This action will                          NATIONAL AERONAUTICS AND                              revising the first sentence of paragraph
                                                 standardize the past performance                        SPACE ADMINISTRATION                                  (a) to read as follows:
                                                 reporting requirements for architect-
                                                                                                                                                               22.102–2       Administration.
                                                 engineer contracts and construction                     48 CFR Parts 4, 22, 39, and 52
                                                 contracts under the CPARS database.                                                                             (a) Agencies shall cooperate with, and
                                                 This change does not impose any new                                                                           encourage contractors to use to the
                                                 requirements on small entities.                         [FAC 2005–82; Item IV; Docket No. 2015–               fullest extent practicable, the DOL
                                                                                                         0052; Sequence No. 1]                                 Employment and Training
                                                 V. Paperwork Reduction Act                                                                                    Administration (DOLETA) at http://
                                                                                                         Federal Acquisition Regulation;                       www.doleta.gov, and its affiliated local
                                                   The rule does not contain any                         Technical Amendments                                  offices in meeting contractors’ labor
                                                 information collection requirements that
                                                                                                                                                               requirements. * * *
                                                 require the approval of the Office of                   AGENCY: Department of Defense (DoD),
                                                 Management and Budget under the                                                                               *     *     *     *    *
                                                                                                         General Services Administration (GSA),
                                                 Paperwork Reduction Act (44 U.S.C.                      and National Aeronautics and Space                    PART 39—ACQUISITION OF
                                                 chapter 35).                                            Administration (NASA).                                INFORMATION TECHNOLOGY
                                                 List of Subject in 48 CFR Part 42                       ACTION:   Final rule.                                 39.101       [Amended]
                                                     Government procurement.                                                                                   ■ 4. Amend section 39.101 by removing
                                                                                                         SUMMARY:   This document makes
                                                   Dated: April 30, 2015.                                                                                      from paragraph (a)(1)(ii) ‘‘(EPEAT)’’ and
                                                                                                         amendments to the Federal Acquisition
                                                 William Clark,                                                                                                adding ‘‘(EPEAT®)’’ in its place.
                                                                                                         Regulation (FAR) in order to make
                                                 Director, Office of Government-wide
                                                 Acquisition Policy, Office of Acquisition
                                                                                                         editorial changes.                                    PART 52—SOLICITATION PROVISIONS
                                                 Policy, Office of Government-wide Policy.               DATES:   Effective: May 7, 2015.                      AND CONTRACT CLAUSES
                                                   Therefore, DoD, GSA, and NASA                         FOR FURTHER INFORMATION CONTACT:     The              ■ 5. Amend section 52.212–4 by
                                                 amend 48 CFR part 42 as set forth                       Regulatory Secretariat Division (MVCB),               revising the date of the clause and
                                                 below:                                                  1800 F Street NW., 2nd Floor,                         adding paragraph (v) to read as follows:
                                                                                                         Washington, DC 20405, 202–501–4755,
                                                 PART 42—CONTRACT                                                                                              52.212–4 Contract Terms and
                                                                                                         for information pertaining to status or               Conditions—Commercial Items.
                                                 ADMINISTRATION AND AUDIT                                publication schedules. Please cite FAC
                                                 SERVICES                                                                                                      *        *      *     *    *
                                                                                                         2005–82, Technical Amendments.
                                                                                                                                                               Contract Terms and Conditions—
                                                 ■ 1. The authority citation for 48 CFR                  SUPPLEMENTARY INFORMATION:    In order to             Commercial Items (May 2015)
                                                 part 42 continues to read as follows:                   update certain elements in 48 CFR parts
                                                                                                                                                               *        *      *     *    *
                                                   Authority: 40 U.S.C. 121(c); 10 U.S.C.
                                                                                                         4, 22, 39, and 52 this document makes                   (v) Incorporation by reference. The
                                                 chapter 137; and 51 U.S.C. 20113.                       editorial changes to the FAR.                         Contractor’s representations and
                                                                                                                                                               certifications, including those completed
                                                 ■ 2. Amend section 42.1502 by revising                  List of Subject in 48 CFR Parts 4, 22, 39,
                                                                                                                                                               electronically via the System for Award
                                                 paragraph (a) to read as follows:                       and 52                                                Management (SAM), are incorporated by
                                                                                                                                                               reference into the contract.
                                                 42.1502    Policy.                                          Government procurement.
                                                                                                                                                               *      *     *      *     *
                                                   (a) General. Past performance                           Dated: April 30, 2015.
                                                                                                                                                               ■  6. Amend section 52.212–5 by—
                                                 evaluations shall be prepared at least                  William Clark,                                        ■  a. Revising the date of the clause;
                                                 annually and at the time the work under                 Director, Office of Government-wide                   ■  b. Removing from paragraph (b)(36)(i)
                                                 a contract or order is completed. Past                  Acquisition Policy, Office of Acquisition             ‘‘(Jun 2014)+(E.O.s’’ and adding ‘‘(JUN
                                                 performance evaluations are required                    Policy, Office of Government-wide Policy.             2014) (E.O.s’’ in its place;
                                                 for contracts and orders as specified in                                                                      ■ c. Removing from paragraph (b)(36)(ii)
                                                 paragraphs (b) through (f) of this                        Therefore, DoD, GSA, and NASA
                                                                                                                                                               ‘‘(ii) Alternate I’’ and adding and ‘‘ll
                                                 section, including contracts and orders                 amend 48 CFR parts 4, 22, 39, and 52
                                                                                                                                                               l (ii) Alternate I’’ in its place;
                                                 performed outside the United States.                    as set forth below:
                                                                                                                                                               ■ d. Removing from paragraph (b)(39)(ii)
                                                 These evaluations are generally for the                 ■ 1. The authority citation for 48 CFR                ‘‘(ii) Alternate I’’ and adding ‘‘lll (ii)
                                                 entity, division, or unit that performed                parts 4, 22, 39, and 52 continues to read             Alternate I’’ in its place; and
                                                 the contract or order. Past performance                 as follow:                                            ■ e. Revising paragraph (e)(1)(v).
                                                 information shall be entered into                                                                                The revision reads as follows:
                                                 CPARS, the Governmentwide evaluation                      Authority: 40 U.S.C. 121(c); 10 U.S.C.
                                                 reporting tool for all past performance                 chapter 137; and 51 U.S.C. 20113.                     52.212–5 Contract Terms and Conditions
mstockstill on DSK4VPTVN1PROD with RULES2




                                                 reports on contracts and orders.                                                                              Required to Implement Statutes or
                                                 Instructions for submitting evaluations                 PART 4—ADMINISTRATIVE MATTERS                         Executive Orders—Commercial Items.
                                                 into CPARS are available at http://                                                                           *        *      *     *    *
                                                                                                         4.905    [Amended]
                                                 www.cpars.gov/.                                                                                               Contract Terms and Conditions Required to
                                                 *     *     *     *     *                               ■ 2. Amend section 4.905 by removing                  Implement Statutes or Executive Orders—
                                                 [FR Doc. 2015–11030 Filed 5–6–15; 8:45 am]              from paragraph (a) ‘‘provisionat’’ and                Commercial Items (May 2015)
                                                 BILLING CODE 6820–EP–P                                  adding ‘‘provision at’’ in its place.                 *        *      *     *    *


                                            VerDate Sep<11>2014   19:21 May 06, 2015   Jkt 235001   PO 00000   Frm 00007   Fmt 4701   Sfmt 4700   E:\FR\FM\07MYR2.SGM       07MYR2


                                                 26428               Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Rules and Regulations

                                                   (e) * * *                                             the United States, Puerto Rico, or the U.S.                (A) Is set aside for small business concerns;
                                                   (1) * * *                                             Virgin Islands).                                      or
                                                   (v) 52.222–26, Equal Opportunity (APR                    (iv) 52.222–35, Equal Opportunity for                 (B) Cannot be set aside for small business
                                                 2015) (E.O. 11246).                                     Veterans (JUL 2014) (38 U.S.C. 4212)                  concerns (see 19.502–2), and does not exceed
                                                 *     *    *     *     *                                (Applies to contracts of $100,000 or more).
                                                                                                                                                               $25,000).
                                                                                                            (v) 52.222–36, Equal Employment for
                                                 ■ 7. Amend section 52.213–4 by                          Workers with Disabilities (JUL 2014) (29                 (xiii) 52.226–6, Promoting Excess Food
                                                 revising the date of the clause and                     U.S.C. 793) (Applies to contracts over                Donation to Nonprofit Organizations (MAY
                                                 paragraphs (a) and (b) to read as follows:              $15,000, unless the work is to be performed           2014) (42 U.S.C. 1792) (Applies to contracts
                                                                                                         outside the United States by employees                greater than $25,000 that provide for the
                                                 52.213–4 Terms and Conditions—                          recruited outside the United States). (For            provision, the service, or the sale of food in
                                                 Simplified Acquisitions (Other Than                     purposes of this clause, ‘‘United States’’            the United States).
                                                 Commercial Items).                                      includes the 50 States, the District of                  (xiv) 52.232–33, Payment by Electronic
                                                 Terms and Conditions—Simplified                         Columbia, Puerto Rico, the Northern Mariana           Funds Transfer—System for Award
                                                 Acquisitions (Other than Commercial                     Islands, American Samoa, Guam, the U.S.
                                                                                                                                                               Management (JUL 2013) (Applies when the
                                                 Items)(May 2015)                                        Virgin Islands, and Wake Island.)
                                                                                                            (vi) 52.222–37, Employment Reports on              payment will be made by electronic funds
                                                    (a) The Contractor shall comply with the             Veterans (JUL 2014) (38 U.S.C. 4212)                  transfer (EFT) and the payment office uses
                                                 following Federal Acquisition Regulation                (Applies to contracts of $100,000 or more).           the System for Award Management (SAM)
                                                 (FAR) clauses that are incorporated by                     (vii) 52.222–41, Service Contract Labor            database as its source of EFT information.)
                                                 reference:                                              Standards (MAY 2014) (41 U.S.C. chapter 67)              (xv) 52.232–34, Payment by Electronic
                                                    (1) The clauses listed below implement               (Applies to service contracts over $2,500 that        Funds Transfer—Other than System for
                                                 provisions of law or Executive order:                   are subject to the Service Contract Labor             Award Management (JUL 2013) (Applies
                                                    (i) 52.222–3, Convict Labor (JUN 2003)               Standards statute and will be performed in            when the payment will be made by EFT and
                                                 (E.O. 11755).                                           the United States, District of Columbia,
                                                    (ii) 52.222–21, Prohibition of Segregated                                                                  the payment office does not use the SAM
                                                                                                         Puerto Rico, the Northern Mariana Islands,
                                                 Facilities (APR 2015).                                  American Samoa, Guam, the U.S. Virgin                 database as its source of EFT information.)
                                                    (iii) 52.222–26, Equal Opportunity (APR              Islands, Johnston Island, Wake Island, or the            (xvi) 52.247–64, Preference for Privately
                                                 2015) (E.O. 11246).                                     outer Continental Shelf).                             Owned U.S.-Flag Commercial Vessels (FEB
                                                    (iv) 52.225–13, Restrictions on Certain                 (viii)(A) 52.222–50, Combating Trafficking         2006) (46 U.S.C. App. 1241) (Applies to
                                                 Foreign Purchases (JUN 2008) (E.O.s,                    in Persons (MAR 2015) (22 U.S.C. chapter 78           supplies transported by ocean vessels (except
                                                 proclamations, and statutes administered by             and E.O 13627) (Applies to all solicitations          for the types of subcontracts listed at
                                                 the Office of Foreign Assets Control of the             and contracts).                                       47.504(d).)
                                                 Department of the Treasury).                               (B) Alternate I (MAR 2015) (Applies if the            (2) Listed below are additional clauses that
                                                    (v) 52.233–3, Protest After Award (AUG               Contracting Officer has filled in the following
                                                 1996) (31 U.S.C. 3553).                                                                                       may apply:
                                                                                                         information with regard to applicable
                                                    (vi) 52.233–4, Applicable Law for Breach of          directives or notices: Document title(s),                (i) 52.209–6, Protecting the Government’s
                                                 Contract Claim (OCT 2004) (Pub. L. 108–77,              source for obtaining document(s), and                 Interest When Subcontracting with
                                                 108–78 (19 U.S.C. 3805 note).                           contract performance location outside the             Contractors Debarred, Suspended, or
                                                    (2) Listed below are additional clauses that         United States to which the document                   Proposed for Debarment (AUG 2013)
                                                 apply:                                                  applies).                                             (Applies to contracts over $30,000).
                                                    (i) 52.232–1, Payments (APR 1984).                      (ix) 52.222–55, Minimum Wages Under                   (ii) 52.211–17, Delivery of Excess
                                                    (ii) 52.232–8, Discounts for Prompt                  Executive Order 13658 (DEC 2014)                      Quantities (SEP 1989) (Applies to fixed-price
                                                 Payment (FEB 2002).                                     (Executive Order 13658) (Applies when                 supplies).
                                                    (iii) 52.232–11, Extras (APR 1984).                  52.222–6 or 52.222–41 are in the contract and            (iii) 52.247–29, F.o.b. Origin (FEB 2006)
                                                    (iv) 52.232–25, Prompt Payment (JUL                  performance in whole or in part is in the
                                                 2013).                                                                                                        (Applies to supplies if delivery is f.o.b.
                                                                                                         United States the 50 States and the District
                                                    (v) 52.232–39, Unenforceability of                   of Columbia).                                         origin).
                                                 Unauthorized Obligations (JUN 2013).                       (x) 52.223–5, Pollution Prevention and                (iv) 52.247–34, F.o.b. Destination (NOV
                                                    (vi) 52.232–40, Providing Accelerated                Right-to-Know Information (MAY 2011) (E.O.            1991) (Applies to supplies if delivery is f.o.b.
                                                 Payments to Small Business Subcontractors               13423) (Applies to services performed on              destination).
                                                 (DEC 2013).                                             Federal facilities).                                  *        *      *     *     *
                                                    (vii) 52.233–1, Disputes (MAY 2014).                    (xi) 52.223–15, Energy Efficiency in
                                                    (viii) 52.244–6, Subcontracts for                    Energy-Consuming Products (DEC 2007) (42              ■ 8. Amend section 52.223–16 by
                                                 Commercial Items (APR 2015).                            U.S.C. 8259b) (Unless exempt pursuant to              revising the section heading to read as
                                                    (ix) 52.253–1, Computer Generated Forms              23.204, applies to contracts when energy-
                                                                                                                                                               follows:
                                                 (JAN 1991).                                             consuming products listed in the ENERGY
                                                    (b) The Contractor shall comply with the             STAR® Program or Federal Energy                       52.223–16 Acquisition of EPEAT®-
                                                 following FAR clauses, incorporated by                  Management Program (FEMP) will be—                    Registered Personal Computer Products.
                                                 reference, unless the circumstances do not                 (A) Delivered;
                                                 apply:                                                     (B) Acquired by the Contractor for use in          *        *      *     *     *
                                                    (1) The clauses listed below implement               performing services at a Federally-controlled         [FR Doc. 2015–11031 Filed 5–6–15; 8:45 am]
                                                 provisions of law or Executive order:                   facility;                                             BILLING CODE 6820–EP–P
                                                    (i) 52.204–10, Reporting Executive                      (C) Furnished by the Contractor for use by
                                                 Compensation and First-Tier Subcontract                 the Government; or
                                                 Awards (JUL 2013) (Pub. L. 109–282) (31                    (D) Specified in the design of a building or
                                                 U.S.C. 6101 note) (Applies to contracts                 work, or incorporated during its
                                                 valued at $25,000 or more).                             construction, renovation, or maintenance).
                                                    (ii) 52.222–19, Child Labor—Cooperation                 (xii) 52.225–1, Buy American—Supplies
mstockstill on DSK4VPTVN1PROD with RULES2




                                                 with Authorities and Remedies (JAN 2014)                (MAY 2014) (41 U.S.C. chapter 67) (Applies
                                                 (E.O. 13126). (Applies to contracts for                 to contracts for supplies, and to contracts for
                                                 supplies exceeding the micro-purchase                   services involving the furnishing of supplies,
                                                 threshold).                                             for use in the United States or its outlying
                                                    (iii) 52.222–20, Contracts for Materials,            areas, if the value of the supply contract or
                                                 Supplies, Articles, and Equipment Exceeding             supply portion of a service contract exceeds
                                                 $15,000 (MAY 2014) (41 U.S.C. chapter 65)               the micro-purchase threshold and the
                                                 (Applies to supply contracts over $15,000 in            acquisition—



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Document Created: 2015-12-16 07:49:49
Document Modified: 2015-12-16 07:49:49
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective: May 7, 2015.
ContactThe Regulatory Secretariat Division (MVCB), 1800 F Street NW., 2nd Floor, Washington, DC 20405, 202-501- 4755, for information pertaining to status or publication schedules. Please cite FAC 2005-82, Technical Amendments.
FR Citation80 FR 26427 
CFR Citation48 CFR 22
48 CFR 39
48 CFR 4
48 CFR 52

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