Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations 3687 

■ 11. Add section 52.228–17 to read as 

follows: 

52.228–17 Individual Surety—Pledge of 

Assets (Bid Guarantee). 

As prescribed in 28.203–4(a), insert 

the following provision: 

Individual Surety—Pledge of Assets 

(Bid Guarantee) (Feb 2021) 

(a) Offerors shall obtain from each person 

acting as an individual surety on a bid 

guarantee— 

(1) A pledge of assets that meets the 

eligibility, valuation, and security 

requirements described in the Federal 

Acquisition Regulation (FAR) 28.203–1; and 

(2) Standard Form 28, Affidavit of 

Individual Surety. 

(b) The Offeror shall include with its offer 

the information required at paragraph (a) of 

this provision within the timeframe specified 

in the provision at FAR 52.228–1, Bid 

Guarantee, or as otherwise established by the 

Contracting Officer. 

(c) The Contracting Officer may release the 

security interest on the individual surety’s 

assets in support of a bid guarantee based 

upon evidence that the offer supported by the 

individual surety will not result in contract 

award. 

(End of provision) 

PART 53—FORMS 

53.228 [Amended] 

■ 12. Amend section 53.228 by— 

■ a. Removing from paragraph (e) ‘‘(Rev. 

6/2003)’’ and ‘‘28.203(b).)’’ and adding 

‘‘‘‘(Rev. Feb 2021)’’ and ‘‘28.203– 

1(b)(3).)’’ in their places, respectively; 

■ b. Removing paragraph (o); 

■ c. Redesignating paragraph (p) as 

paragraph (o); and 

■ d. Removing from the newly 

redesignated paragraph (o) ‘‘(See 

28.106–1(p) and 28.203–5(a).)’’ and 

adding ‘‘(See 28.106–1(o) and 28.203– 

3(a).)’’ in its place. 

53.300 [Amended] 

■ 13. Amend section 53.300 by 

removing from the table 53–1 in 

paragraph (a) ‘‘OF 90 Release of Lien on 

Real Property.’’ 

[FR Doc. 2020–29088 Filed 1–13–21; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 2, 15, 17, 37 and 52 

[FAC 2021–03; Item IV; Docket No. FAR– 

2020–0052; Sequence No. 4] 

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 

needed editorial changes. 

DATES: Effective: February 16, 2021. 

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. 

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. 

List of Subjects in 48 CFR Parts 2, 15, 

17, 37 and 52 

Government procurement. 

William F. 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 2, 15, 17, 37, and 

52 as set forth below: 

■ 1. The authority citation for 48 CFR 

parts 2, 15, 17, 37, and 52 continues to 

read as follows: 

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 51 U.S.C. 20113. 

PART 2—DEFINITIONS OF WORDS 

AND TERMS 

2.101 [Amended] 

■ 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. 

PART 15—CONTRACTING BY 

NEGOTIATION 

■ 3. Amend section 15.209 by adding 

paragraph (e) to read as follows: 

15.209 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)). 

* * * * * 

PART 17—SPECIAL CONTRACTING 

METHODS 

17.502 1 [Amended] 

■ 4. Amend section 17.502–1 by— 

■ a. Removing from the sixth sentence 

of paragraph (a)(1)(i) ‘‘Policy’’ and 

‘‘l_acq/iacll’’ adding ‘‘Policy 

(OFPP)’’ and ‘‘lacq/iacl’’ in their 

place; respectively; and 

■ b. Removing from paragraph (b) 

introductory text ‘‘Office of Federal 

Procurement Policy (OFPP)’’ and adding 

‘‘OFPP’’ in its place. 

PART 37—SERVICE CONTRACTING 

37.103 [Amended] 

■ 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. 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

■ 6. Amend section 52.212–3 by— 

■ a. Revising the date of the provision; 

and 

■ b. Revising paragraph (f)(2); 

■ c. Revising the table in paragraph 

(g)(1)(ii), and the undesignated tables in 

(g)(1)(iii), (g)(2), and (g)(3); 

■ d. Revising the tables in (g)(4) and 

(g)(5)(ii); and 

■ e. Revising the paragraph (i)(1). 

The revisions read as follows: 

52.212–3 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) * * * 


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3688 Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations 

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 product Listed countries of 

origin 

* * * * * 

■ 7. Amend section 52.212–5 in 

Alternate II by— 

■ a. Revising the date of the Alternate; 

and 

■ b. Revising paragraphs (e)(1)(ii)(R)(1) 

and (2) to read as follows: 

52.212–5 Contract Terms and Conditions 

Required To Implement Statutes or 

Executive Orders—Commercial Items. 

* * * * * 

Alternate II (Feb 2021). * * * 

(e)(1) * * * 

(ii) * * * 

(R)ll(1) 52.224–3, Privacy Training 

(Jan 2017) (5 U.S.C. 552a). 

___(2) Alternate I (Jan 2017) of 

52.224–3. 

* * * * * 

■ 8. Amend section 52.213–4 by— 

■ a. Revising the date of the clause; and 

■ b. Adding paragraph (a)(2)(ix). 

The revision and addition read as 

follows: 

52.213–4 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). 

* * * * * 

■ 9. Amend section 52.222–18 by 

revising the date of the provision and 

the undesignated table in paragraph (b) 

to read as follows: 

52.222–18 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 product Listed countries of 

origin 

* * * * * 

■ 10. Amend section 52.223–3 by 

revising the date of the clause and the 

undesignated table in paragraph (b) to 

read as follows: 

52.223–3 Hazardous Material Identification 

and Material Safety Data. 

* * * * * 

Hazardous Material Identification and 

Material Safety Data (Feb 2021) 

* * * * * 

(b) * * * 

Material (if none, 

insert None) Identification No. 

* * * * * 

■ 11. Amend section 52.225–2 by 

revising the date of the provision and 

paragraph (b) to read as follows: 

52.225–2 Buy American Certificate. 

* * * * * 

Buy American Certificate (Feb 2021) 

* * * * * 

(b) Foreign End Products: 

Line item No. Country of origin 

[List as necessary] 

* * * * * 

■ 12. Amend section 52.225–4 by— 

■ a. Revising the section heading and 

the date of the provision; 

■ b. Revising the table in paragraphs (b) 

and (c); 

■ c. Revising the date of Alternate II and 

the undesignated table in paragraph (b) 

of Alternate II; and 

■ d. Revising the date of Alternate III 

and the table in paragraph (b) of 

Alternate III. 

The revisions read as follows: 

52.225–4 Buy American—Free Trade 

Agreements—Israeli Trade Act Certificate. 

* * * * * 


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Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations 3689 

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] 

■ 13. Amend section 52.225–6 by 

revising the date of the provision and 

the undesignated table in paragraph (b) 

to read as follows: 

52.225–6 Trade Agreements Certificate. 

* * * * * 

Trade Agreements Certificate (Feb 

2021) 

* * * * * 

(b) * * * 

Other End Products: 

Line item No. Country of origin 

[List as necessary] 

* * * * * 

■ 14. Amend section 52.225–9 by 

revising the date of the clause and 

paragraph (b)(2) to read as follows: 

52.225–9 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: 

llll [Contracting Officer to list 

applicable excepted materials or 

indicate ‘‘none’’] 

* * * * * 

■ 15. Amend section 52.225–13 by— 

■ a. Revising the date of clause; and 

■ 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/speciallydesignated-nationals-and-blockedpersons-list-sdn-human-readable-lists’’ 

and ‘‘https://home.treasury.gov/policyissues/office-of-foreign-assets-controlsanctions-programs-and-information’’ 

in their places, respectively. 

The revision reads as follows: 

52.225–13 Restrictions on Certain Foreign 

Purchases. 

* * * * * 

Restrictions on Certain Foreign 

Purchases (Feb 2021) 

* * * * * 

■ 16. Amend section 52.229–12 by— 

■ a. Revising the date of clause; and 

■ b. Removing from paragraph (d) 

‘‘3ontractor must identify’’ and adding 

‘‘the Contractor must identify’’ in its 

place. 

The revision reads as follows: 

52.229–12 Tax on Certain Foreign 

Procurements. 

* * * * * 

Tax on Certain Foreign Procurements 

(Feb 2021) 

* * * * * 

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

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Chapter 1 

[Docket No. FAR–2020–0051, Sequence No. 

8] 

Federal Acquisition Regulation; 

Federal Acquisition Circular 2021–03; 

Small Entity Compliance Guide 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Small Entity Compliance Guide. 

SUMMARY: This document is issued 

under the joint authority of DOD, GSA, 

and NASA. This Small Entity 

Compliance Guide has been prepared in 

accordance with section 212 of the 

Small Business Regulatory Enforcement 

Fairness Act of 1996. It consists of a 

summary of the rules appearing in 

Federal Acquisition Circular (FAC) 

2021–03, which amends the Federal 

Acquisition Regulation (FAR). 

Interested parties may obtain further 

information regarding these rules by 

referring to FAC 2021–03, which 

precedes this document. 

DATES: January 14, 2021. 

ADDRESSES: The FAC, including the 

SECG, is available via the internet at 

https://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact the 

analyst whose name appears in the table 

below. Please cite FAC 2021–03 and the 

FAR Case number. For information 

pertaining to status or publication 

schedules, contact the Regulatory 

Secretariat Division at 202–501–4755 or 

GSARegSec@gsa.gov. An asterisk (*) 

next to a rule indicates that a regulatory 

flexibility analysis has been prepared. 


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