Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Rules and Regulations 53169 

material would be inconsistent with the 

public interest or the application of the Buy 

American Act to a particular unmanufactured 

construction material would be impracticable 

or inconsistent with the public interest. 

(c) * * * 

(3) Unless the Government determines that 

an exception to section 1605 of the Recovery 

Act or the Buy American Act applies, use of 

foreign construction material other than 

manufactured construction material from a 

Recovery Act designated country or 

unmanufactured construction material from a 

designated country is noncompliant with the 

applicable Act. 

* * * * * 

Alternate I (Oct 2010). * * * 

(b) Construction materials. (1) The 

restrictions of section 1605 of the American 

Recovery and Reinvestment Act of 2009 (Pub. 

L. 111–5) (Recovery Act) do not apply to 

Recovery Act designated country 

manufactured construction material. The 

restrictions of the Buy American Act do not 

apply to designated country unmanufactured 

construction material. Consistent with U.S. 

obligations under international agreements, 

this clause implements— 

(i) Section 1605 of the Recovery Act, by 

requiring, unless an exception applies, that 

all manufactured construction material in the 

project is manufactured in the United States 

and, if the construction material consists 

wholly or predominantly of iron or steel, the 

iron or steel was produced in the United 

States (produced in the United States means 

that all manufacturing processes of the iron 

or steel must take place in the United States, 

except metallurgical processes involving 

refinement of steel additives); and 

(ii) The Buy American Act by providing a 

preference for unmanufactured construction 

material mined or produced in the United 

States over unmanufactured construction 

material mined or produced in a 

nondesignated country. 

(2) The Contractor shall use only domestic 

construction material, Recovery Act 

designated country manufactured 

construction material, or designated country 

unmanufactured construction material, other 

than Bahrainian, Mexican, or Omani 

construction material, in performing this 

contract, except as provided in paragraphs 

(b)(3) and (b)(4) of this clause. 

■ 17. Amend section 52.225–24 by— 

■ a. Revising the section heading; 

■ b. Revising the heading and the date 

of the provision; 

■ c. Removing from paragraph (a) the 

word ‘‘Other’’; and 

■ d. Revising paragraph (c). 

The revised text reads as follows: 

52.225–24 Notice of Required Use of 

American Iron, Steel, and Manufactured 

Goods—Buy American Act—Construction 

Materials Under Trade Agreements. 

* * * * * 

Notice of Required Use of American 

Iron, Steel, and Manufactured Goods— 

Buy American Act—Construction 

Materials Under Trade Agreements 

(Oct 2010) 

* * * * * 

(c) Evaluation of offers. (1) If the 

Government determines that an exception 

based on unreasonable cost of domestic 

construction material applies in accordance 

with FAR 25.604, the Government will 

evaluate an offer requesting exception to the 

requirements of section 1605 of the Recovery 

Act or the Buy American Act by adding to 

the offered price of the contract— 

(i) 25 percent of the offered price of the 

contract, if foreign manufactured 

construction material is included in the offer 

based on an exception for the unreasonable 

cost of comparable manufactured domestic 

construction material; and 

(ii) 6 percent of the cost of foreign 

unmanufactured construction material 

included in the offer based on an exception 

for the unreasonable cost of comparable 

domestic unmanufactured construction 

material. 

(2) If the solicitation specifies award on the 

basis of factors in addition to cost or price, 

the Contracting Officer will apply the 

evaluation factors as specified in paragraph 

(c)(1) of this provision and use the evaluated 

cost or price in determining the offer that 

represents the best value to the Government. 

(3) Unless paragraph (c)(2) of this provision 

applies, if two or more offers are equal in 

price, the Contracting Officer will give 

preference to an offer that does not include 

foreign construction material excepted at the 

request of the offeror on the basis of 

unreasonable cost. 

* * * * * 

[FR Doc. 2010–21027 Filed 8–27–10; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Chapter 1 

[Docket FAR 2010–0077, Sequence 7] 

Federal Acquisition Regulation; 

Federal Acquisition Circular 2005–45; 

Small Entity Compliance Guide 

AGENCIES: 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 the 

Secretary of Defense, the Administrator 

of General Services and the 

Administrator of the National 

Aeronautics and Space Administration. 

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 rules 

appearing in Federal Acquisition 

Circular (FAC) 2005–45 which amend 

the FAR. Interested parties may obtain 

further information regarding these 

rules by referring to FAC 2005–45, 

which precedes this document. These 

documents are also available via the 

Internet at http://www.regulations.gov. 

DATES: For effective dates see separate 

documents, which follow. 

FOR FURTHER INFORMATION CONTACT: The 

analyst whose name appears in the table 

below. Please cite FAC 2005–45 and the 

specific FAR case number. For 

information pertaining to status or 

publication schedules, contact the 

Regulatory Secretariat at (202) 501– 

4755. 

LIST OF RULES IN FAC 2005–45 

Item Subject FAR case Analyst 

I .................... Inflation Adjustment of Acquisition-Related Thresholds ................................................................. 2008–024 Jackson. 

II ................... Definition of Cost or Pricing Data ................................................................................................... 2005–036 Chambers. 

III .................. American Recovery and Reinvestment Act of 2009 (the Recovery Act)—Buy American Requirements for Construction Materials.2009–008 Davis. 

SUPPLEMENTARY INFORMATION: 

Summaries for each FAR rule follow. 

For the actual revisions and/or 

amendments made by these FAR cases, 

refer to the specific item number and 

subject set forth in the documents 

following these item summaries. 

FAC 2005–45 amends the FAR as 

specified below: 

Item I—Inflation Adjustment of 

Acquisition-Related Thresholds (FAR 

Case 2008–024) 

This final rule amends the FAR to 

implement section 807 of the Ronald W. 


jlentini on DSKJ8SOYB1PROD with RULES3
53170 Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Rules and Regulations 

Reagan National Defense Authorization 

Act for Fiscal Year 2005. Section 807 

requires an adjustment every 5 years of 

acquisition-related thresholds for 

inflation using the Consumer Price 

Index for all urban consumers, except 

for Davis-Bacon Act, Service Contract 

Act, and trade agreements thresholds. 

The Councils have also used the same 

methodology to adjust nonstatutory FAR 

acquisition-related thresholds in 2010. 

This is the second review of FAR 

acquisition-related thresholds. The 

Councils published a proposed rule in 

the Federal Register at 75 FR 5716, 

February 4, 2010. 

The effect of the final rule on heavilyused thresholds is the same as stated in 

the preamble to the proposed rule: 

• The micro-purchase base threshold 

of $3,000 (FAR 2.101) is not changed. 

• The simplified acquisition 

threshold (FAR 2.101) is raised from 

$100,000 to $150,000. 

• The FedBizOpps preaward and 

post-award notices (FAR part 5) remain 

at $25,000 because of trade agreements. 

• Commercial items test program 

ceiling (FAR 13.500) is raised from 

$5,500,000 to $6,500,000. 

• The cost or pricing data threshold 

(FAR 15.403–4) is raised from $650,000 

to $700,000. 

• The prime contractor 

subcontracting plan (FAR 19.702) floor 

is raised from $550,000 to $650,000, and 

the construction threshold of $1,000,000 

increases to $1,500,000. 

Item II—Definition of Cost or Pricing 

Data (FAR Case 2005–036) 

This final rule amends the FAR by 

redefining ‘‘cost or pricing data,’’ adding 

a definition of ‘‘certified cost or pricing 

data,’’ and changing the term 

‘‘information other than cost or pricing 

data,’’ to ‘‘data other than certified cost 

or pricing data.’’ The rule clarifies the 

existing authority for contracting 

officers to require certified cost or 

pricing data or data other than certified 

cost or pricing data, and the existing 

requirements for submission of the 

various types of pricing data. The rule 

is required to eliminate confusion and 

misunderstanding, especially regarding 

the authority of the contracting officer to 

request data other than certified cost or 

pricing data when there is no other 

means to determine that proposed 

prices are fair and reasonable. Most 

significantly, the rule clarifies that data 

other than certified cost or pricing data 

may include the identical types of data 

as certified cost or pricing data but 

without the certification. Because the 

rule clarifies existing requirements, it 

will have only minimal impact on the 

Government, offerors, and automated 

systems. 

Item III—American Recovery and 

Reinvestment Act of 2009 (the Recovery 

Act)—Buy American Requirements for 

Construction Materials (FAR Case 

2009–008) 

This final rule converts the interim 

rule published in the Federal Register at 

74 FR 14623, March 31, 2009, to a final 

rule with changes. This final rule 

implements section 1605 of Division A 

of the American Recovery and 

Reinvestment Act (Recovery Act) of 

2009. It prohibits the use of funds 

appropriated for or otherwise made 

available by the Recovery Act for any 

project for the construction, alteration, 

maintenance, or repair of a public 

building or public work unless all of the 

iron, steel, and manufactured goods 

used in the project are produced in the 

United States. Section 1605 mandates 

application of the Recovery Act Buy 

American requirement in a manner 

consistent with U.S. obligations under 

international agreements. Least 

developed countries continue to be 

treated as designated countries per 

congressional direction. Section 1605 

also provides for waivers under certain 

limited circumstances. 

Dated: August 18, 2010. 

Edward Loeb, 

Director, Acquisition Policy Division. 

[FR Doc. 2010–21044 Filed 8–27–10; 8:45 am] 

BILLING CODE 6820–EP–P 


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