6180 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Chapter 1 

[Docket No. FAR–2021–0051, Sequence No. 

1] 

Federal Acquisition Regulation; 

Federal Acquisition Circular 2021–04; 

Introduction 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Summary presentation of 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) 2021–04. A 

companion document, the Small Entity 

Compliance Guide (SECG), follows this 

FAC. 

DATES: For effective dates see the 

separate documents, which follow. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Zenaida Delgado, Procurement Analyst, 

at 202–969–7207 or zenaida.delgado@

gsa.gov for clarification of content. For 

information pertaining to status or 

publication schedules, contact the 

Regulatory Secretariat Division at 202– 

501–4755 or GSARegSec@gsa.gov. 

Please cite FAC 2021–04, FAR Case 

2019–016. 

RULES LISTED IN FAC 2021–04 

Subject FAR case 

Maximizing Use of AmericanMade Goods, Products and Materials ......................................... 2019–016 

ADDRESSES: The FAC, including the 

SECG, is available via the internet at 

https://www.regulations.gov. 

SUPPLEMENTARY INFORMATION: A 

summary for the FAR rule follows. For 

the actual revisions and/or amendments 

by this FAR rule, refer to the specific 

item numbers and subjects set forth in 

the documents following this summary. 

FAC 2021–04 amends the FAR as 

follows: 

Maximizing Use of American-Made 

Goods, Products, and Materials (FAR 

Case 2019–016) 

This final rule strengthens domestic 

preferences under the Buy American 

statute by making adjustments to the 

required percentage of domestic content 

and the existing percentages for the 

price evaluation preferences in an effort 

to decrease the amount of foreignsourced content in a U.S. manufactured 

product to promote economic and 

national security, help stimulate 

economic growth, and create jobs. The 

price evaluation preferences increase 

from 6 percent to 20 percent for large 

business and from 12 percent to 30 

percent for small business; for DoD 

procurements there is no change to the 

DoD 50 percent amount. The domestic 

content requirement for iron and steel 

increases from 50 percent to 95 percent; 

for other end products and construction 

materials, the domestic content 

requirement increases from 50 percent 

to 55 percent. Foreign iron and steel is 

iron or steel products that are not 

produced in the United States. The rule 

implements E.O. 13881, Maximizing 

Use of American-Made Goods, Products, 

and Materials. This final rule will not 

have a significant economic impact on 

a substantial number of small entities. 

William F. Clark, 

Director, Office of Government-wide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Government-wide Policy. 

Federal Acquisition Circular (FAC) 

2021–04 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 2021–04 is effective January 19, 

2021. 

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. 

William G. Roets, II, 

Acting Assistant Administrator, Office of 

Procurement, National Aeronautics and 

Space Administration. 

[FR Doc. 2021–00708 Filed 1–15–21; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 12, 25, and 52 

[FAC 2021–04; FAR Case 2019–016; Docket 

No. FAR–2019–0016, Sequence No. 1] 

RIN 9000–AN99 

Federal Acquisition Regulation: 

Maximizing Use of American-Made 

Goods, Products, and Materials 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: DoD, GSA, and NASA are 

issuing a final rule amending the 

Federal Acquisition Regulation (FAR) to 

implement an Executive order (E.O.) 

addressing domestic preferences in 

Government procurement. 

DATES: Effective: January 21, 2021. 

Applicability: The changes in this rule 

apply to solicitations issued on or after 

February 22, 2021 and resultant 

contracts. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Zenaida Delgado, Procurement Analyst, 

at 202–969–7207 or zenaida.delgado@

gsa.gov for clarification of content. For 

information pertaining to status or 

publication schedules, contact the 

Regulatory Secretariat Division at 202– 

501–4755 or GSARegSec@gsa.gov. 

Please cite FAC 2021–04, FAR Case 

2019–016. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD, GSA, and NASA published a 

proposed rule at 85 FR 56558 on 

September 14, 2020, to implement E.O. 

13881, Maximizing Use of AmericanMade Goods, Products, and Materials 

(84 FR 34257, July 18, 2019). In order 

to implement the E.O., this final rule 

changes FAR clauses implementing the 

Buy American statute by increasing 

the— 

1. Domestic content requirements; 

and 

2. Price preference for domestic 

products. 

Increased Domestic Content 

Requirements 

Under E.O. 13881, and this final rule, 

in order to meet the definition of 

‘‘domestic construction material’’ or 

‘‘domestic end product,’’ the cost of 


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