[Federal Register Volume 75, Number 167 (Monday, August 30, 2010)]
[Rules and Regulations]
[Pages 53128-53129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21024]



[[Page 53127]]

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Part IV





Department of Defense

General Services Administration

National Aeronautics and Space Administration





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48 CFR Chapter 1



 Federal Acquisition Regulation; Final Rules

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

[[Page 53128]]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket FAR 2010-0076, Sequence 7]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-45; Introduction

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Summary presentation of rules.

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SUMMARY: This document summarizes the Federal Acquisition Regulation 
(FAR) rules agreed to by the Civilian Agency Acquisition Council and 
the Defense Acquisition Regulations Council (Councils) in this Federal 
Acquisition Circular (FAC) 2005-45. A companion document, the Small 
Entity Compliance Guide (SECG), follows this FAC. The FAC, including 
the SECG, is 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 in relation to each FAR case. Please cite FAC 2005-45 and 
the specific FAR case numbers. 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                2008-024  Jackson.
                     Adjustment of
                     Acquisition--Rel
                     ated Thresholds.
II................  Definition of            2005-036  Chambers.
                     Cost or Pricing
                     Data.
III...............  American Recovery        2009-008  Davis.
                     and Reinvestment
                     Act of 2009 (the
                     Recovery Act)--
                     Buy American
                     Requirements for
                     Construction
                     Materials.
------------------------------------------------------------------------


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. 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 heavily-used thresholds is the same 
as stated in the preamble to the proposed rule:
    <bullet> The micro-purchase base threshold of $3,000 (FAR 2.101) is 
not changed.
    <bullet> The simplified acquisition threshold (FAR 2.101) is raised 
from $100,000 to $150,000.
    <bullet> The FedBizOpps preaward and post-award notices (Part 5) 
remain at $25,000 because of trade agreements.
    <bullet> Commercial items test program ceiling (FAR 13.500) is 
raised from $5,500,000 to $6,500,000.
    <bullet> The cost or pricing data threshold (FAR 15.403-4) is 
raised from $650,000 to $700,000.
    <bullet> 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.


[[Page 53129]]


    Dated: August 18, 2010.
Edward Loeb,
Director, Acquisition Policy Division.
Amy G. Williams,
Acting Deputy Director, Defense Procurement and Acquisitions Policy 
(Defense Acquisition Regulations System).
Joseph A. Neurauter,
Deputy Associate Administrator and Senior Procurement Executive, Office 
of Acquisition Policy, U.S. General Services Administration.
Sheryl J. Goddard,
Acting Assistant Administrator for Procurement, National Aeronautics 
and Space Administration.
[FR Doc. 2010-21024 Filed 8-27-10; 8:45 am]
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