[Federal Register Volume 71, Number 188 (Thursday, September 28, 2006)]
[Rules and Regulations]
[Pages 57363-57374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8206]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1, 2, 4, 5, 6, 7, 8, 9, 12, 13, 15, 16, 17, 19, 22,
25, 28, 32, 36, 42, 48, 49, 50, 52, and 53
[FAC 2005-13; FAR Case 2004-033; Item IV; Docket 2006-0020, Sequence
17]
RIN 9000-AK26
Federal Acquisition Regulation; FAR Case 2004-033, Inflation
Adjustment of Acquisition-Related Thresholds
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on a final rule
amending the Federal Acquisition Regulation (FAR) to adjust
acquisition-related thresholds for inflation, in accordance with 41
U.S.C. 431a as added by section 807 of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Pub. L. 108-375). This
rule also amends some acquisition-related thresholds that are based on
policy rather than statute. Inflation adjustment of cost accounting
standards (CAS) thresholds will be addressed in a separate case.
DATES: Effective Date: September 28, 2006.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Michael Jackson, Procurement Analyst, at (202) 208-4949. Please
cite FAC 2005-13, FAR case 2004-033. For information pertaining to
status or publication schedules, contact the FAR Secretariat at (202)
501-4755.
SUPPLEMENTARY INFORMATION:
A. Background
Statute. This final rule implements 41 U.S.C. 431a as added by
Section 807 of the Ronald W. Reagan National Defense Authorization Act
for Fiscal Year 2005 (Pub. L. 108-375). 41 U.S.C. 431a provides for
adjustment every 5 years of acquisition-related thresholds, except for
Davis-Bacon Act, Service Contract Act, and trade agreements thresholds.
This rule also escalates some nonstatutory acquisition-related
thresholds. The statute does not permit escalation of acquisition-
related thresholds established by the Davis Bacon Act, the Service
Contract Act, or trade agreements. The statute does not authorize the
FAR to escalate thresholds originating in executive order or the
implementing agency (such as the Department of Labor or the Small
Business Administration), unless the executive order or agency
regulations are first amended.
Public Comments. DoD, GSA, and NASA published a proposed rule in
the Federal Register at 70 FR 73415, December 12, 2005. We received
eight responses to the proposed rule (available at http://www.regulations.gov/). All the responses were from Government
personnel. Almost all the responses related to the proposed increase in
the micro-purchase threshold. The Councils did not agree to any changes
to the proposed rule based on the public comments. However, as
addressed below, some of the thresholds have changed in the final rule.
[[Page 57364]]
Concur with rule
Comment: Two respondents concur with the rule without further
comment.
Response: None required.
Micro-purchase threshold
Comment: Increase is not enough. One respondent is concerned that
the increase in the micro-purchase threshold is totally insufficient.
Response: The statute dictates the amount of the inflation
adjustment, specifying the index to be used, and only allows inflation
for a five-year period for those statutes that were in effect before
October 1, 2000.
Comment: Concern for impact on small business. One respondent
expressed concerns over negative impact on small business. The
respondent did not favor the pending increase in the micro-purchase
threshold from $2,500 to $3,000 because there is not a simultaneous
increase in the simplified acquisition threshold (SAT), thereby
reducing the number of acquisitions automatically set aside for small
business. The respondent proposed that the SAT should be raised at the
same time as the increase in the micro-purchase threshold.
Response: The Councils addressed this issue in the Federal Register
notice and the Initial Regulatory Flexibility Analysis. The increase in
the micro-purchase threshold is required by statute. The statute does
not provide flexibility in its application to acquisition-related
thresholds. The escalation in accordance with the procedures set forth
in the statute is mandatory. Following these procedures resulted in an
escalation of $500 at this time for the micro-purchase threshold, and
no escalation for the SAT, because of rounding as required by the
statute. However, it is expected that the SAT will increase in year
2010, increasing the range for small business set-asides.
Discrepancy with Service Contract Act (SCA) is a problem
Comment: Three respondents are concerned that an increase in the
micro-purchase threshold to $3,000 while the SCA threshold remains at
$2,500 creates problems. Problems cited include--
This discrepancy will result in increased risk of purchase
card holders violating the SCA. Monitoring the different thresholds
adds to the overburdened purchase card program which was supposed to be
a simple process;
The discrepancy poses a great burden on contracting as
well as the credit card program and may have an adverse impact. The
respondent understands that the statute prohibited increase in the SCA,
but considers it logical to promote an initiative to amend the SCA to
coincide with the micro-purchase threshold; and
This discrepancy is inviting violation of the provisions
of the SCA, because many, if not most, of these purchases are made by
non-contracting personnel who have no knowledge of the provisions of
the SCA.
Response: As stated in the above response, the increase in the
micro-purchase threshold is required by law, while the increase in the
SCA threshold is prohibited by the law. Considering the specific
prohibition of any increase in the SCA, the Councils consider it highly
unlikely that any initiative to amend the SCA would meet with success.
The Councils have limited use of the purchase card for services
valued in excess of $2,500 that are subject to the Service Contract
Act, by adding a restriction to the definition of ``Micro-purchase
threshold'' at FAR 2.101, so that it remains at $2,500 for services
subject to the Service Contract Act. The Councils also recommend
training for cardholders so that they will be able to identify which
service contracts are subject to the Act.
Increase the Davis-Bacon Act threshold
Comment: One respondent recommended increase in the Davis-Bacon Act
threshold.
Response: The statute specifically excludes the Davis-Bacon Act
from any adjustment.
Increase the third party draft transaction threshold
Comment: One respondent recommends that, unless Treasury
restrictions take precedence over FAR changes, this $2,500 threshold at
FAR 13.305-3(b) also be raised to $3,000, consistent with other changes
to the micro-purchase threshold in the proposed rule.
Response: The Treasury restrictions do take precedence. The statute
does not authorize the FAR to escalate non-statutory thresholds
originating in another agency unless the agency regulations are first
amended.
Escalation. The inflation adjustment factors in the proposed rule
were calculated on the basis of December 2004 data. For the final rule,
data through October 2005 has been used. This resulted in a slight
increase in the calculated inflation adjustment factors. For the five-
year period October 2000 through October 2005, the inflation adjustment
factor increased from 13 to 14.5 percent. However, due to rounding,
most thresholds in the proposed rule did not actually change.
The following frequently used thresholds are the same in the final
rule as in the proposed rule:
Micro-purchase threshold at FAR 2.101: ``$3,000''.
FPDS reporting threshold at FAR 4.602(c): ``$3,000''.
Commercial Items test program ceiling at FAR 13.500:
``$5,500,000''.
Prime contractor subcontracting plan floor at FAR 19.702:
``$550,000'' (but for construction ($1,000,000) is unchanged).
The following thresholds further increased from the proposed to the
final rule:
Major system (DoD) at FAR 2.101: ``$173,500,000 and
$814,500,000''.
J&A approval levels at FAR 6.304, 8.405-6, 13.501:
``$57,000,000 and $78,500,000''.
Bundling at FAR 7.107: ``$86,000,000 and $8,600,000''.
Treatment as a commercial item at FAR 12.102, 12.203,
13.000, 13.303-5, 13.500, 15.403-1(c)(3)(i): ``$11,000,000,
$16,000,000, and $27,000,000''.
TINA cost and pricing data at FAR 15.403, 15.403-4, 42.7:
``$650,000''.
Multiyear cancellation ceiling notice to Congress, DoD at
FAR 17.108(b): ``$114,500,000''.
The threshold of $5 million at FAR 19.1406(a)(2)(i) is the only
threshold in the matrix of FAR thresholds that was not included in the
text of the proposed rule, but is now included in the final rule,
because the calculated threshold now rounds up to $5.5 million.
A matrix of the thresholds considered in the drafting of the final
rule is available via the Internet at http://acquisition.gov/far/facsframe.html.
Right to Petition
The Councils note that the statute provides the right to petition.
If a dollar threshold adjustable under the statute is not included in
this notice of adjustment, any person may request adjustment of that
dollar threshold by submitting a petition for adjustment to the
Administrator for Federal Procurement Policy. Please note, however,
that due to rounding requirements, many thresholds that were considered
for adjustment were not actually changed at this time because the
inflation was insufficient to overcome the rounding requirements (e.g.,
thresholds of $1,000, $10,000, $100,000, and $1,000,000). These
thresholds will probably be adjusted in year 2010, if inflation
continues at a rate comparable to the current rate of inflation.
This is not a significant regulatory action and, therefore, was not
subject to
[[Page 57365]]
review under Section 6(b) of Executive Order 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 601, et seq., applies to
this final rule. The Councils prepared a Final Regulatory Flexibility
Analysis (FRFA), and it is summarized as follows:
Most of the threshold changes proposed in this rule will not
have any significant economic impact on small business because they
are intended to maintain the status quo by adjusting for changes in
the value of the dollar. For example, the prime contractor
subcontracting plan floor at FAR 19.702 for other than construction
contacts will be raised from $500,000 to $550,000. This is just
keeping pace with inflation.
Often any impact will be beneficial by preventing burdensome
requirements from applying to more and more small dollar value
acquisitions, which are the acquisitions in which small businesses
are most likely to participate.
One respondent was specifically concerned about the impact on
the small business community of the increase in the micro-purchase
threshold without a corresponding increase in the simplified
acquisition threshold, thereby temporarily narrowing the range of
automatic set-asides for small business.
To assess the impact of the increase in the micro-purchase
threshold from $2,500 to $3,000, data was requested from FPDS-NG.
For Fiscal Year 2004, actions between $2,500 and $3,000, there is a
total of 25,212 contract actions with a value of $13,732,445. Of
this total, 16,031 (value of $8,083,900) of these actions went to
small businesses. We expect that many of these awards will still go
to small businesses, even if there is no longer a requirement to
automatically set the procurement aside for small business.
The simplified acquisition threshold is expected to increase by
a much greater amount five years from now when the thresholds are
next adjusted, thereby increasing the range of automatic set-asides
for small business.
The Councils did not make any changes in the final rule as a
result of these comments, because the increases are dictated by
statute.
Interested parties may obtain a copy from the FAR Secretariat. The
FAR Secretariat has submitted a copy of the FRFA to the Chief Counsel
for Advocacy of the Small Business Administration.
C. Paperwork Reduction Act
The Paperwork Reduction Act does apply; however, these changes to
the FAR do not impose additional information collection requirements to
the paperwork burden previously approved under OMB Control Numbers
9000-0006, 9000-0007, 9000-0013, 9000-0026, 9000-0027, 9000-0028, 9000-
0029, 9000-0037, 9000-0043, 9000-0045, 9000-0065, 9000-0066, 9000-0070,
9000-0078, 9000-0094, 9000-0115, 9000-0138, 9000-0145, 9000-0150, and
1215-0072. They maintain the current information collection
requirements at the status quo by adjusting the thresholds for
inflation.
List of Subjects in 48 CFR Parts 1, 2, 4, 5, 6, 7, 8, 9, 12, 13,
15, 16, 17, 19, 22, 25, 28, 32, 36, 42, 48, 49, 50, 52, and 53
Government procurement.
Dated: September 19, 2006.
Ralph De Stefano,
Director, Contract Policy Division.
0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 1, 2, 4, 5, 6, 7, 8,
9, 12, 13, 15, 16, 17, 19, 22, 25, 28, 32, 36, 42, 48, 49, 50, 52, and
53 as set forth below:
0
1. The authority citation for 48 CFR parts 1, 2, 4, 5, 6, 7, 8, 9, 12,
13, 15, 16, 17, 19, 22, 25, 28, 32, 36, 42, 48, 49, 50, 52, and 53
continues to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM
0
2. Add section 1.109 to read as follows:
1.109 Statutory acquisition-related dollar thresholds--adjustment for
inflation.
(a) 41 U.S.C. 431a requires that the FAR Council periodically
adjust all statutory acquisition-related dollar thresholds in the FAR
for inflation, except as provided in paragraph (c) of this section.
This adjustment is calculated every 5 years, starting in October 2005,
using the Consumer Price Index (CPI) for all-urban consumers, and
supersedes the applicability of any other provision of law that
provides for the adjustment of such acquisition-related dollar
thresholds.
(b) The statute defines an acquisition-related dollar threshold as
a dollar threshold that is specified in law as a factor in defining the
scope of the applicability of a policy, procedure, requirement, or
restriction provided in that law to the procurement of supplies or
services by an executive agency, as determined by the FAR Council.
(c) The statute does not permit escalation of acquisition-related
dollar thresholds established by the Davis-Bacon Act (40 U.S.C. 3141
through 3144, 3146, and 3147), the Service Contract Act of 1965 (41
U.S.C. 351, et seq.), or the United States Trade Representative
pursuant to the authority of the Trade Agreements Act of 1979 (19
U.S.C. 2511 et seq).
(d) A matrix showing calculation of the most recent escalation
adjustments of statutory acquisition-related dollar thresholds is
available via the Internet at http://acquisition.gov/far/facsframe.html.
PART 2--DEFINITIONS OF WORDS AND TERMS
0
3. Amend section 2.101 in paragraph (b) by--
0
a. Revising paragraph (1) of the definition ``Major system'', and
removing from paragraph (2) ``$750,000 (based on fiscal year 1980
constant dollars)'' and adding ``$1.8 million'' in its place; and
0
b. Amending the definition ``Micro-purchase threshold'', by removing
from the introductory paragraph ``2,500'' and adding ``3,000'' in its
place; revising paragraph (1); redesignating paragraph (2) as paragraph
(3); and adding a new paragraph (2).
The revised text reads as follows:
2.101 Definitions.
* * * * *
(b) * * *
Major system * * *
(1) The Department of Defense is responsible for the system and the
total expenditures for research, development, test, and evaluation for
the system are estimated to be more than $173.5 million or the eventual
total expenditure for the acquisition exceeds $814.5 million;
* * * * *
Micro-purchase threshold * * *
(1) For acquisitions of construction subject to the Davis-Bacon
Act, $2,000;
(2) For acquisitions of services subject to the Service Contract
Act, $2,500; and
* * * * *
PART 4--ADMINISTRATIVE MATTERS
4.601 [Amended]
0
4. Amend section 4.601 by removing from paragraph (a) and the
introductory text of paragraph (d) ``$25,000'' and adding ``$3,000'' in
their place; and by removing from paragraph (e) ``$5,000,000'' and
adding ``$5.5 million'' in its place.
4.602 [Amended]
0
5. Amend section 4.602 by removing from paragraphs (c)(1) and (c)(3)
``$2,500'' and adding ``$3,000'' in their place; and by removing
paragraph (c)(4).
PART 5--PUBLICIZING CONTRACT ACTIONS
0
6. Amend section 5.303 by revising paragraph (a) to read as follows:
[[Page 57366]]
5.303 Announcement of contract awards.
(a) Public announcement. Contracting officers shall make
information available on awards over $3.5 million (unless another
dollar amount is specified in agency acquisition regulations) in
sufficient time for the agency concerned to announce it by 5 p.m.
Washington, DC, time on the day of award. Agencies shall not release
information on awards before the public release time of 5 p.m.
Washington, DC time. Contracts excluded from this reporting requirement
include--
(1) Those placed with the Small Business Administration under
section 8(a) of the Small Business Act;
(2) Those placed with foreign firms when the place of delivery or
performance is outside the United States and its outlying areas; and
(3) Those for which synopsis was exempted under 5.202(a)(1).
* * * * *
PART 6--COMPETITION REQUIREMENTS
6.304 [Amended]
0
7. Amend section 6.304 by--
0
a. Removing from paragraph (a)(1) ``$500,000'' and adding ``$550,000''
in its place;
0
b. Removing from paragraph (a)(2) ``$500,000'' and ``$10,000,000'' and
adding ``$550,000'' and ``$11.5 million'', respectively, in their
place;
0
c. Removing from paragraph (a)(3) $10,000,000'', ``$50,000,000'', and
``$75,000,000'' and adding ``$11.5 million'', ``$57 million'', and
``$78.5 million'', respectively, in their place; and
0
d. Removing from paragraph (a)(4) ``$50,000,000'' and ``75,000,000''
and adding ``$57 million'' and ``$78.5 million'', respectively, in
their place.
PART 7--ACQUISITION PLANNING
7.104 [Amended]
0
8. Amend section 7.104 by removing from paragraph (d)(2)(i)(A) ``$7
million'' and adding ``$7.5 million'' in its place; and removing from
paragraph (d)(2)(i)(B) ``$5 million'' and adding ``$5.5 million'' in
its place.
7.107 [Amended]
0
9. Amend section 7.107 by removing from paragraph (b)(1) ``$75
million'' and adding ``$86 million'' in its place; and removing from
paragraph (b)(2) ``$7.5 million'' and ``75 million'' and adding ``$8.6
million'' and ``$86 million'', respectively, in their place.
PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES
8.405-6 [Amended]
0
10. Amend section 8.405-6 by--
0
a. Removing from paragraph (h)(1) ``$500,000'' and adding ``$550,000''
in its place;
0
b. Removing from paragraph (h)(2) ``$500,000, but not exceeding $10
million'' and adding ``$550,000, but not exceeding $11.5 million'' in
its place;
0
c. Removing from the introductory text of paragraph (h)(3) ``$10
million'', ``$50 million'', and ``$75 million'', and adding ``$11.5
million'', ``$57 million'', and ``$78.5 million'', respectively, in
their place; and
0
d. Removing from the first sentence of paragraph (h)(4) ``$50 million''
and ``$75 million'' and adding ``$57 million'' and ``$78.5 million'',
respectively, in their place.
PART 9--CONTRACTOR QUALIFICATIONS
9.405-2 [Amended]
0
11. Amend section 9.405-2 in the second sentence of the introductory
text of paragraph (b) by removing ``$25,000'' and adding ``$30,000'' in
its place.
9.409 [Amended]
0
12. Amend section 9.409 in paragraph (b) by removing ``$25,000'' and
adding ``$30,000'' in its place.
PART 12--ACQUISITION OF COMMERCIAL ITEMS
12.102 [Amended]
0
13. Amend section 12.102 by removing from the introductory text of
paragraph (f)(2) ``$15,000,000'' and adding ``$16 million'' in its
place; and removing from paragraph (g)(1)(ii) ``$25 million'' and
adding ``$27 million'' in its place.
12.203 [Amended]
0
14. Amend section 12.203 by removing from the last sentence ``$5
million'' and ``$10 million'' and adding ``$5.5 million'' and ``$11
million'', respectively, in their place.
PART 13--SIMPLIFIED ACQUISITION PROCEDURES
13.000 [Amended]
0
15. Amend section 13.000 by removing from the second sentence ``$5
million'' and ``$10 million'' and adding ``$5.5 million'' and ``$11
million'', respectively, in their place.
13.003 [Amended]
0
16. Amend section 13.003 by--
0
a. Removing from the first sentence of paragraph (b)(1) ``$2,500'' and
adding ``$3,000'' in its place; and in the second sentence, by adding
``19.000(b) and'' after the word ``See''; and
0
b. Removing from paragraphs (c)(1)(ii) and (g)(2) ``$5 million'' and
``$10 million'' and adding ``$5.5 million'' and ``$11 million'',
respectively, in their place.
13.005 [Amended]
0
17. Amend section 13.005 in paragraph (a)(2) by removing ``$25,000''
and adding ``$30,000 (40 U.S.C. 3132)'' in its place.
13.106-1 [Amended]
0
18. Amend section 13.106-1 by removing from paragraph (c)(2) and the
first sentence of paragraph (d) ``$25,000'' and adding ``$30,000'' in
their place.
13.303-5 [Amended]
0
19. Amend section 13.303-5 by removing from paragraph (b)(1)
``$5,000,000'' and ``$10,000,000'' and adding ``$5.5 million'' and
``$11 million'', respectively, in their place; and removing from
paragraph (b)(2) ``$5 million'' and ``$10 million'' and adding ``$5.5
million'' and ``$11 million'', respectively, in their place.
13.402 [Amended]
0
20. Amend section 13.402 by removing from paragraph (a) ``$25,000'' and
adding ``30,000'' in its place.
13.500 [Amended]
0
21. Amend section 13.500 by removing from the first sentence of
paragraph (a) ``$5 million ($10 million'' and adding ``$5.5 million
($11 million'', respectively, in its place; and removing from the
introductory text of paragraph (e) ``$10 million'' and adding ``$11
million'', respectively, in its place.
13.501 [Amended]
0
22. Amend section 13.501 by removing from paragraph (a)(2)(i)
``$500,000'' and adding ``$550,000'' in its place; removing from
paragraph (a)(2)(ii) ``$500,000'' and ``$10,000,000'' and adding
``$550,000'' and ``$11.5 million''; respectively, in their place;
removing from paragraph (a)(2)(iii) ``10,000,000'', ``50,000,000'', and
``75,000,000'' and adding ``11.5 million'', ``57 million'', and ``78.5
million'', respectively, in their place; and removing from paragraph
(a)(2)(iv) ``50,000,000'' and ``75,000,000'' and adding ``57 million'',
and ``78.5 million'', in its place.
PART 15--CONTRACTING BY NEGOTIATION
0
23. Amend section 15.304 by removing paragraph (c)(3)(i);
[[Page 57367]]
redesignating paragraphs (c)(3)(ii), (c)(3)(iii), and (c)(3)(iv) as
(c)(3)(i), (c)(3)(ii), and (c)(3)(iii), respectively; and revising the
newly designated paragraph (c)(3)(i); and removing from paragraph
(c)(4) ``$500,000'' and adding ``$550,000'' in its place. The revised
text reads as follows:
15.304 Evaluation factors and significant subfactors.
* * * * *
(c) * * *
(3)(i) Except as set forth in paragraph (c)(3)(iii) of this
section, past performance shall be evaluated in all source selections
for negotiated competitive acquisitions expected to exceed the
simplified acquisition threshold.
* * * * *
15.403-1 [Amended]
0
24. Amend section 15.403-1 by removing from paragraph (c)(3)(iii)
``$15,000,000'' and adding ``$16 million'' in its place.
0
25. Amend section 15.403-4 by removing from the third sentence of the
introductory text of paragraph (a)(1) ``$550,000'' and adding
``$650,000'' in its place; and revising the second sentence of
paragraph (a)(1)(iii) to read as follows:
15.403-4 Requiring cost or pricing data (10 U.S.C. 2306a and 41 U.S.C.
254b).
(a)(1) * * *
(iii) * * * Price adjustment amounts must consider both increases
and decreases (e.g., a $200,000 modification resulting from a reduction
of $500,000 and an increase of $300,000 is a pricing adjustment
exceeding $650,000. * * *
* * * * *
15.404-3 [Amended]
0
26. Amend section 15.404-3 by removing from paragraph (c)(1)(i)
``$10,000,000'' and adding ``$11.5 million'' in its place.
15.407-2 [Amended]
0
27. Amend section 15.407-2 by removing from paragraphs (c)(1) and the
introductory text of paragraph (c)(2) ``$10 million'' and adding
``$11.5 million'', respectively, in their place.
15.408 [Amended]
0
28. Amend section 15.408 in Table 15-2 following paragraph (m), in
section II, Cost Elements, in the third sentence of paragraph (A)(2),
by removing ``$10,000,000'' and adding ``$11.5 million'' in its place.
PART 16--TYPES OF CONTRACTS
16.503 [Amended]
0
29. Amend section 16.503 by removing from paragraph (d)(1)
``$10,000,000'' and adding ``$11.5 million'' in its place.
16.504 [Amended]
0
30. Amend section 16.504 by removing from the introductory text of
paragraph (c)(2)(i) ``$10 million'' and adding ``$11.5 million'' in its
place.
16.505 [Amended]
0
31. Amend section 16.505 by removing from paragraph (b)(1)(i) and the
introductory text of paragraph (b)(2) ``$2,500'' and adding ``$3,000''
in its place.
16.506 [Amended]
0
32. Amend section 16.506 by removing from paragraphs (f) and (g) ``$10
million'' and adding ``$11.5 million'' in its place.
16.601 [Amended]
0
33. Amend section 16.601 by removing from paragraph (b)(3)(i)
``$25,000'' and adding ``$30,000'' in its place.
PART 17--SPECIAL CONTRACTING METHODS
17.108 [Amended]
0
34. Amend section 17.108 in paragraph (a) by removing ``$10 million''
and adding ``$11.5 million'' in its place; and in paragraph (b) by
removing ``$100 million'' and adding ``$114.5 million'' in its place.
PART 19--SMALL BUSINESS PROGRAMS
19.502-1 [Amended]
0
35. Amend section 19.502-1 by removing from paragraph (b) ``$2,500''
and adding ``$3,000'' in its place.
19.502-2 [Amended]
0
36. Amend section 19.502-2 by removing from the first sentence of
paragraph (a) ``$2,500'' and adding ``$3,000'' in its place; and
removing from paragraph (d) ``$25,000'' and adding ``$30,000'' in its
place.
19.702 [Amended]
0
37. Amend section 19.702 by removing from paragraphs (a)(1) and (a)(2)
``$500,000'' and adding ``$550,000'' in their place.
19.704 [Amended]
0
38. Amend section 19.704 by removing from paragraph (a)(9) ``$500,000''
and adding ``$550,000'' in its place.
19.708 [Amended]
0
39. Amend section 19.708 by removing from the first sentence of
paragraph (b)(1) ``$500,000'' and adding ``$550,000'' in its place.
19.805-1 [Amended]
0
40. Amend section 19.805-1 by removing from paragraph (a)(2)
``$5,000,000'' and ``$3,000,000'' and adding ``$5.5 million'' and
``$3.5 million'', respectively, in their place.
19.1002 [Amended]
0
41. Amend section 19.1002 by removing from paragraph (1) of the
definition ``Emerging small business reserve amount'', ``$25,000'' and
adding ``$30,000'' in its place.
19.1007 [Amended]
0
42. Amend section 19.1007 by removing from paragraphs (c)(1)(i) and
(c)(1)(ii) ``$25,000'' and adding ``$30,000'' in its place.
19.1008 [Amended]
0
43. Amend section 19.1008 by removing from paragraph (c) ``$25,000''
and adding ``$30,000'' in its place.
19.1202-2 [Amended]
0
44. Amend section 19.1202-2 by removing from paragraph (a) ``$500,000''
and adding ``$550,000'' in its place.
19.1306 [Amended]
0
45. Amend section 19.1306 by removing from paragraph (a)(2)(i)
``$5,000,000'' and adding ``$5.5 million'' in its place; and removing
from paragraph (a)(2)(ii) ``$3,000,000'' and adding ``$3.5 million'' in
its place.
19.1406 [Amended]
0
46. Amend section 19.1406 by removing from paragraph (a)(2)(i) ``$5
million'' and adding ``$5.5 million'' in its place.
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
22.103-4 [Amended]
0
47. Amend section 22.103-4 in paragraph (b) by removing the last
sentence.
22.103-5 [Amended]
0
48. Amend section 22.103-5 in the introductory text of paragraph (b) by
removing ``be over $100,000;'' and adding ``exceed the simplified
acquisition threshold;'' in its place.
22.305 [Amended]
0
49. Amend section 22.305 by removing from paragraph (a) ``the
simplified acquisition threshold;'' and adding ``$100,000;'' in its
place.
[[Page 57368]]
22.1103 [Amended]
0
50. Amend section 22.1103 by removing from the second sentence
``$500,000'' and adding ``$550,000'' in its place.
22.1303 [Amended]
0
51. Amend section 22.1303 by removing from paragraphs (a) and (c)
``$25,000'' and adding ``$100,000'' in its place.
22.1310 [Amended]
0
52. Amend section 22.1310 by removing from the introductory text of
paragraph (a)(1) ``$25,000'' and adding ``$100,000'' in its place.
PART 25--FOREIGN ACQUISITION
0
53. Amend section 25.1101 in the introductory text of paragraph (a)(1)
by removing ``$2,500 ($15,000 for acquisitions as described in
13.201(g)(1))'' and adding ``the micro-purchase threshold'' in its
place; and by revising paragraphs (e)(1) and (e)(2) to read as follows:
25.1101 Acquisition of supplies.
* * * * *
(e) * * *
(1) Exceeds the simplified acquisition threshold; or
(2) Does not exceed the simplified acquisition threshold, but the
savings from waiving the duty is anticipated to be more than the
administrative cost of waiving the duty. When used for acquisitions
that do not exceed the simplified acquisition threshold, the
contracting officer may modify paragraphs (c)(1) and (j)(2) of the
clause to reduce the dollar figure.
* * * * *
25.1103 [Amended]
0
54. Amend section 25.1103 in paragraph (a) by removing ``with a value
exceeding $2,500, $15,000 for acquisitions as described in
13.201(g)(1)''.
PART 28--BONDS AND INSURANCE
28.102-1 [Amended]
0
55. Amend section 28.102-1 by removing from the introductory text of
paragraph (b)(1) ``$25,000'' and adding ``$30,000'' in its place.
28.102-2 [Amended]
0
56. Amend section 28.102-2 by removing from the heading of paragraph
(c) ``$25,000'' and adding ``$30,000'' in its place.
28.102-3 [Amended]
0
57. Amend section 28.102-3 in the first sentence of paragraph (b) by
removing ``$25,000'' and adding ``$30,000'' in its place.
PART 32--CONTRACT FINANCING
32.104 [Amended]
0
58. Amend section 32.104 by removing from paragraphs (d)(2)(i) and
(d)(2)(ii) ``$2 million'' and adding ``$2.5 million'' in their place.
PART 36--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
36.201 [Amended]
0
59. Amend section 36.201 by removing from paragraph (a)(1)(i)
``$500,000'' and adding ``$550,000'' in its place.
0
60. Amend section 36.203 by revising paragraph (a) to read as follows:
36.203 Government estimate of construction costs.
(a) An independent Government estimate of construction costs shall
be prepared and furnished to the contracting officer at the earliest
practicable time for each proposed contract and for each contract
modification anticipated to exceed the simplified acquisition
threshold. The contracting officer may require an estimate when the
cost of required work is not anticipated to exceed the simplified
acquisition threshold. The estimate shall be prepared in as much detail
as though the Government were competing for award.
* * * * *
0
61. Amend section 36.213-2 by revising paragraph (a) to read as
follows:
36.213-2 Presolicitation notices.
(a) Unless the requirement is waived by the head of the contracting
activity or a designee, the contracting officer shall issue
presolicitation notices on any construction requirement when the
proposed contract is expected to exceed the simplified acquisition
threshold. Presolicitation notices may also be used when the proposed
contract is not expected to exceed the simplified acquisition
threshold. These notices shall be issued sufficiently in advance of the
invitation for bids to stimulate the interest of the greatest number of
prospective bidders.
* * * * *
36.604 [Amended]
0
62. Amend section 36.604 by removing from the introductory text of
paragraph (a) ``$25,000'' each time it appears (twice) and adding
``$30,000'' in its place.
36.605 [Amended]
0
63. Amend section 36.605 by removing from the first sentence of
paragraph (a) ``$100,000'' and adding ``the simplified acquisition
threshold'' in its place.
PART 42--CONTRACT ADMINISTRATION AND AUDIT SERVICES
42.705-3 [Amended]
0
64. Amend section 42.705-3 by removing from the fourth sentence of the
introductory text of paragraph (b)(4)(ii) ``(e.g., $100,000 or less)''
and adding ``(i.e., contracts that do not exceed the simplified
acquisition threshold)'' in its place.
42.709 [Amended]
0
65. Amend section 42.709 by removing from paragraph (b) ``$550,000''
and adding ``$650,000'' in its place.
42.709-6 [Amended]
0
66. Amend section 42.709-6 by removing from the first sentence
``$550,000'' and adding ``$650,000'' in its place.
0
67. Amend section 42.1502 by revising the first sentence of paragraph
(a) to read as follows:
42.1502 Policy.
(a) Except as provided in paragraph (b) of this section, agencies
shall prepare an evaluation of contractor performance for each contract
that exceeds the simplified acquisition threshold at the time the work
under the contract is completed. * * *
* * * * *
PART 48--VALUE ENGINEERING
48.201 [Amended]
0
68. Amend section 48.201 by removing from the first sentence of the
introductory text of paragraph (a) ``be $100,000 or more,'' and adding
``exceed the simplified acquisition threshold,'' in its place.
48.202 [Amended]
0
69. Amend section 48.202 by removing from the first sentence ``be
$100,000 or more,'' and adding ``exceed the simplified acquisition
threshold,'' in its place.
PART 49--TERMINATION OF CONTRACTS
0
70. Amend section 49.502 by revising the heading of paragraph (a) and
the introductory text of paragraph (a)(1); revising the heading of
paragraph (b), removing from the introductory text of paragraph
(b)(1)(i) and paragraph
[[Page 57369]]
(b)(2)(ii) ``be over $100,000,'' and adding ``exceed the simplified
acquisition threshold''.
0
The revised text reads as follows:
49.502 Termination for convenience of the Government.
(a) Fixed-price contracts that do not exceed the simplified
acquisition threshold (short form)--(1) General use. The contracting
officer shall insert the clause at 52.249-1, Termination for
Convenience of the Government (Fixed-Price) (Short Form), in
solicitations and contracts when a fixed-price contract is contemplated
and the contract amount is not expected to exceed the simplified
acquisition threshold, except--
* * * * *
(b) Fixed-price contracts that exceed the simplified acquisition
threshold--(1)(i) General use. * * *
* * * * *
PART 50--EXTRAORDINARY CONTRACTUAL ACTIONS
50.201 [Amended]
0
71. Amend section 50.201 by removing from paragraph (b) ``$50,000'' and
adding ``$55,000'' in its place.
50.203 [Amended]
0
72. Amend section 50.203 by removing from paragraph (b)(4) ``$25
million'' and adding ``$28.5 million'' in its place; and removing from
paragraphs (e)(1)(i) and (e)(1)(ii) ``$50,000'' and adding ``$55,000''
in its place.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
52.203-6 [Amended]
0
73. Amend section 52.203-6 by revising the date of the clause to read
``(SEP 2006)''; and removing from paragraph (c) ``$100,000'' and adding
``the simplified acquisition threshold'' in its place.
52.209-6 [Amended]
0
74. Amend section 52.209-6 by revising the date of the clause to read
``(SEP 2006)''; and removing from paragraphs (a) and (b) ``$25,000''
and adding ``$30,000'' in its place.
52.212-1 [Amended]
0
75. Amend section 52.212-1 by revising the date of the clause to read
``(SEP 2006)''; and removing from the first sentence of paragraph (j)
``$25,000'' each time it appears (twice) and adding ``$3,000'' in its
place.
52.212-5 [Amended]
0
76. Amend section 52.212-5 by--
0
a. Revising the date of the clause to read ``(SEP 2006)'';
0
b. Removing from paragraph (b)(1) ``(OCT 1995)'' and adding ``(SEP
2006)'' in its place;
0
c. Removing from paragraph (b)(8)(i) of the clause ``(JULY 2005)'' and
adding ``(SEP 2006)'' in its place;
0
d. Removing from paragraphs (b)(18) and (b)(20) of the clause ``(DEC
2001)'' and adding ``(SEP 2006)'' in its place; and
0
e. Removing from paragraph (e)(1)(i) ``$500,000'' and adding
``$550,000'' in its place; and removing from paragraph (e)(1)(iii)
``(DEC 2001)'' and adding ``(SEP 2006)'' in its place.
52.213-4 [Amended]
0
77. Amend section 52.213-4 by--
0
a. Revising the date of the clause to read ``(SEP 2006)'';
0
b. Removing from paragraph (a)(2)(vi) ``(FEB 2006)'' and adding ``(SEP
2006)'' in its place; and
0
c. Removing from paragraphs (b)(1)(iii) and (b)(1)(v) ``(DEC 2001)''
and ``$25,000'' and adding ``(SEP 2006)'' and ``$100,000'',
respectively, in their place; and removing from paragraph (b)(2)(i)
``(JAN 2005)'' and ``$25,000'' and adding ``(SEP 2006)'' and
``$30,000'', respectively, in their place.
52.219-9 [Amended]
0
78. Amend section 52.219-9 by revising the date of the clause to read
``(SEP 2006)''; and removing from paragraph (d)(9) ``$500,000'' and
adding ``$550,000'' in its place.
52.222-35 [Amended]
0
79. Amend section 52.222-35 by revising the date of the clause to read
``(SEP 2006)''; and removing from the first sentence of paragraph (g)
``$25,000'' and adding ``$100,000'' in its place.
52.222-37 [Amended]
0
80. Amend section 52.222-37 by revising the date of the clause to read
``(SEP 2006)''; and removing from paragraph (f) ``$25,000'' and adding
``$100,000'' in its place.
0
81. Amend section 52.236-1 by revising the introductory paragraph to
read as follows:
52.236-1 Performance of Work by the Contractor.
As prescribed in 36.501(b), insert the following clause: [Complete
the clause by inserting the appropriate percentage consistent with the
complexity and magnitude of the work and customary or necessary
specialty subcontracting (see 36.501(a)).]
* * * * *
0
82. Amend section 52.243-7 by revising the introductory paragraph to
read as follows:
52.243-7 Notification of Changes.
As prescribed in 43.107, insert the following clause:
* * * * *
52.244-6 [Amended]
0
83. Amend section 52.244-6 by revising the date of the clause to read
``(SEP 2006)''; removing from paragraph (c)(1)(i) ``$500,000'' and
adding ``$550,000'' in its place, and removing from paragraph
(c)(1)(iii) of the clause ``(DEC 2001)'' and adding ``(SEP 2006)'' in
its place.
52.248-3 [Amended]
0
84. Amend section 52.248-3 by revising the date of the clause to read
``(SEP 2006)''; and removing from the first sentence of paragraph (h)
``$50,000'' and adding ``$55,000'' in its place.
0
85. Amend section 52.249-1 by revising the introductory paragraph to
read as follows:
52.249-1 Termination for Convenience of the Government (Fixed-Price)
(Short Form).
As prescribed in 49.502(a)(1), insert the following clause:
* * * * *
PART 53--FORMS
53.219 [Amended]
0
86. Amend section 53.219 by removing from paragraphs (a) and (b)
``(Rev. 10/01)'' and adding ``(Rev. SEP 2006)'' in its place.
0
87. Amend section 53.301-294 by revising the form to read as follows:
53.301-294 Subcontracting Report for Individual Contracts.
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[[Page 57372]]
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0
88. Amend section 53.301-295 by revising the form to read as follows:
53.301-295 Summary Subcontract Report.
[[Page 57373]]
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[[Page 57374]]
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[FR Doc. 06-8206 Filed 9-27-06; 8:45 am]
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