FAR change

FAC 2026-01

Effective Mar 13, 2026Published Mar 30, 2026Source on GSA GitHub

Foreword_a

+1 1current text ↗

also provides for agency and public participation in developing

the FAR and agency acquisition regulation.

The Federal Acquisition Regulation (FAR) includes all Federal Acquisition Circulars through FAC 2025-06 October 1, 2025. Beginning in fiscal year 2019, designation of Federal Acquisition Circulars was changed to reflect the fiscal year in the first four digits and the sequence of the issued circular in the last two digits.

+ The Federal Acquisition Regulation (FAR) includes all Federal Acquisition Circulars through FAC 2026-01 March 13, 2026. Beginning in fiscal year 2019, designation of Federal Acquisition Circulars was changed to reflect the fiscal year in the first four digits and the sequence of the issued circular in the last two digits.

Foreword_b

+1 1current text ↗

also provides for agency and public participation in developing

the FAR and agency acquisition regulation.

The Federal Acquisition Regulation (FAR) includes all Federal Acquisition Circulars through 2025-06. Beginning in fiscal year 2019, designation of Federal Acquisition Circulars was changed to reflect the fiscal year in the first four digits and the sequence of the issued circular in the last two digits.

+ The Federal Acquisition Regulation (FAR) includes all Federal Acquisition Circulars through 2026-01. Beginning in fiscal year 2019, designation of Federal Acquisition Circulars was changed to reflect the fiscal year in the first four digits and the sequence of the issued circular in the last two digits.

LSATable

+44 391current text ↗

List of Sections Affected

FAC 2025-06 October 1, 2025

SectionDescription of ChangeCase Number 1.109 (e) Amend section 1.109, in paragraph (e) by removing “2019-013” and adding “2024-001” in its place.

FAR Case 2024-001 2.101 in the definitions of "Major system", "Micro-purchase threshold", and "Simplified acquisition threshold"

Amend section 2.101, by—

a. In the definition “Major system”, removing from paragraph (2) “$2.5 million” and adding “$3 million” in its place; and

b. Revising the definitions of “Micro-purchase threshold” and “Simplified acquisition threshold”.

FAR Case 2024-001

3.502-2

(i)

Amend section 3.502-2 in paragraph (i) introductory text by removing “$150,000” and adding “$200,000” in its place.

FAR Case 2024-001

3.502-3

Amend section 3.502-3 by removing “$150,000” and adding “$200,000” in its place.

FAR Case 2024-001

3.804

Amend section 3.804 by removing “$150,000” and adding “$200,000” in its place.

FAR Case 2024-001

3.808

(a) and (b)

Amend section 3.808 in paragraphs (a) and (b) by removing “$150,000” and adding “$200,000” in their places, respectively.

FAR Case 2024-001

3.1004

(a), (b)(1)(i) and (b)(3)

Amend section 3.1004 in paragraphs (a), (b)(1)(i), and (b)(3) by removing “$6 million” and adding “$7.5 million” in their places, respectively.

FAR Case 2024-001

4.605

(c)(2)(i)

Amend section 4.605 in paragraphs (c)(2)(i) introductory text and (c)(2)(ii) by removing “$30,000” and adding “$40,000” in their places, respectively.

FAR Case 2024-001

4.1102

(a)(6)

Amend section 4.1102 in paragraph (a)(6) by removing “$30,000” and adding “$40,000” in its place.

FAR Case 2024-001

4.1401

(a)

Amend section 4.1401 in paragraph (a) by removing “$30,000” and adding “$40,000” in its place.

FAR Case 2024-001

4.1403

(a)

Amend section 4.1403 in paragraph (a) by removing “$30,000” and adding “$40,000” in its place.

FAR Case 2024-001

5.101

(a)(2)

Amend section 5.101 in paragraph (a)(2) introductory text by removing “$15,000” and adding “$20,000” in its place.

FAR Case 2024-001

5.205

(d)(2)

Amend section 5.205 in paragraph (d)(2) by removing “$15,000” and adding “$20,000” in its place.

FAR Case 2024-001

5.206

(a)(2)

Amend section 5.206 in paragraph (a)(2) by removing “$15,000” and adding “$20,000” in its place.

FAR Case 2024-001

5.303

(a)

Amend section 5.303 in paragraph (a) introductory text by removing “$4.5 million” and adding “$5.5 million” in its place.

FAR Case 2024-001

6.204

(b)

Amend section 6.204 in paragraph (b) by removing “$25 million” and adding “$30 million” in its place.

FAR Case 2024-001

6.302-5

(b)(4) and (c)(2)(iii)

Amend section 6.302-5 in paragraphs (b)(4) and (c)(2)(iii) by removing “$25 million” and adding “$30 million” in their places, respectively.

FAR Case 2024-001

6.303-1

(b)

Amend section 6.303-1 in paragraph (b) introductory text by removing “$25 million” and adding “$30 million” in its place.

FAR Case 2024-001

6.303-2

(b) and (d)

Amend section 6.303-2 by removing from the introductory text of paragraphs (b) and (d) “$25 million” and adding “$30 million” in their places, respectively.

Amend section 6.303-2 by removing from the introductory text of paragraphs (b) and (d) “$25 million” and adding “$30 million” in their places, respectively.

FAR Case 2024-001

6.304

(a)

Amend section 6.304 by revising paragraph (a).

FAR Case 2024-001

6.502

(b)(2)(vii)

Amend section 6.502 in paragraph (b)(2)(vii) by removing “$1,000,000” and adding “$1.5 million” in its place.

FAR Case 2024-001

8.404

(b)(2)

Amend section 8.404 in paragraph (b)(2) by removing “$600,000” and adding “$750,000” in its place.

FAR Case 2024-001

8.405-3

(a)(3)(ii), (a)(3)(iii) and (a)(7)(v)

Amend section 8.405-3 in paragraphs (a)(3)(ii) introductory text, (a)(3)(iii), and (a)(7)(v) by removing “$100 million” wherever it appears and adding “$150 million” in their places, respectively.

FAR Case 2024-001

8.405-6

(d)

Amend section 8.405-6 by revising paragraph (d).

FAR Case 2024-001

9.104-5

(a)(2) and (c)

Amend section 9.104-5 by—

a. Removing from paragraph (a)(2) “$10,000” and adding “$15,000” in its place; and

b. Removing from paragraph (c) “$5.5 million” and adding “$7 million” in its place.

FAR Case 2024-001

9.104-7

(b), (c)(1) and (e)

Amend section 9.104-7 by—

a. Removing from paragraphs (b) and (c)(1) “$600,000” and adding “$750,000” in their places, respectively; and

b. Removing from paragraph (e) “$5.5 million” and adding “$7 million” in its place.

FAR Case 2024-001

9.405-2

(b)

Amend section 9.405-2 in paragraph (b) introductory text by removing “$35,000” wherever it appears and adding “$45,000” in their places, respectively.

FAR Case 2024-001

9.409

Amend section 9.409 by removing “$35,000” and adding “$45,000” in its place.

FAR Case 2024-001

10.001

(d)

Amend section 10.001 in paragraph (d) by removing “$6 million” and adding “$7.5 million” in its place.

FAR Case 2024-001

10.003

Amend section 10.003 by removing “$6 million” and adding “$7.5 million” in its place.

FAR Case 2024-001

12.102

(f)(2)

Amend section 12.102 by revising paragraph (f)(2).

FAR Case 2024-001

12.203

(a)

Amend section 12.203 in paragraph (a) by removing “$7.5 million” and adding “$9 million” in its place.

FAR Case 2024-001

13.000

Amend section 13.000 by removing “$7.5 million” and adding “$9 million” in its place.

FAR Case 2024-001

13.003

(c)(1)(ii) and (g)(2)

Amend section 13.003 by removing from paragraphs (c)(1)(ii) and (g)(2) “$7.5 million” and adding “$9 million” in their places, respectively.

FAR Case 2024-001

13.201

(g)(1)(i) and (g)(1)(ii)

Amend section 13.201 by revising paragraphs (g)(1)(i) and (ii).

FAR Case 2024-001

13.303-5

(b)(1) and (b)(2)

Amend section 13.303-5 in paragraph (b)(1) by removing “$7.5 million” and adding “$9 million” in its place, and revising paragraph (b)(2).

FAR Case 2024-001

13.402

(a)

Amend section 13.402 in paragraph (a) by removing “$35,000” and adding “$45,000” in its place.

FAR Case 2024-001

13.500

(a)

Amend section 13.500 by removing from paragraph (a) “$7.5 million” and adding “$9 million” in its place.

FAR Case 2024-001

13.501

(a)(2)(i) and (a)(2)(iv)

Amend section 13.501 by revising paragraphs (a)(2)(i) through (iv)

FAR Case 2024-001

15.403-1

(c)(3)(iv)

Amend section 15.403-1 in paragraph (c)(3)(iv) by removing “$20 million” and adding “$25 million” in its place.

FAR Case 2024-001

15.403-4

(a)(1) and (a)(3)

Amend section 15.403-4 by—

a. Removing from paragraph (a)(1) introductory text “$750,000” and “$2 million” and adding “$950,000” and “$2.5 million” in their places, respectively; and

b. Removing from paragraph (a)(3) “$2 million” and adding “$2.5 million” in its place.

FAR Case 2024-001

15.404-3

(c)(1)(i)

Amend section 15.404-3 in paragraph (c)(1)(i) by removing “$15 million” and adding “$20 million” in its place.

FAR Case 2024-001

15.407-2

(c)(1) and (c)(2)

Amend section 15.407-2 by removing from paragraphs (c)(1) and (c)(2) introductory text “$15 million” and adding “$20 million” in their places, respectively.

FAR Case 2024-001

15.408

(n)(2)(iii)

Amend section 15.408, in Table 15-2, section II, paragraph A.(2) by removing “$15 million” and adding “$20 million” in its place.

FAR Case 2024-001

16.503

(b)(2) and (d)(1)

Amend section 16.503 by—

a. Removing from paragraph (b)(2) “$100 million” and adding “$150 million” in its place; and

b. Removing from paragraph (d) “$15 million” and adding “$20 million” in its place.

FAR Case 2024-001

16.504

(c)(1)(ii)(D)(1), (c)(1)(ii)(D)(3) and (c)(2)(i)

Amend section 16.504 by—

a. Removing from paragraphs (c)(1)(ii)(D)( 1) introductory text and (D)( 3) introductory text, “$100 million” and adding “$150 million” in their places, respectively; and

b. Removing from paragraph (c)(2)(i) introductory text “$15 million” and adding “$20 million” in its place.

FAR Case 2024-001

16.505

(a)(4)(iii)(A), (b)(1)(iv), (b)(2)(ii)(C), (b)(2)(ii)(C)(1) and (b)(6)

Amend section 16.505 by revising paragraphs (a)(4)(iii)(A) introductory text, (b)(1)(iv) paragraph heading and introductory text, (b)(2)(ii)(C), and (b)(6) heading and introductory text.

FAR Case 2024-001

16.506

(f),(g) and (h)

Amend section 16.506 by—

a. Removing from paragraphs (f) and (g) “$15 million” and adding “$20 million” in their places, respectively; and

b. Removing from paragraph (h) “$6 million” and adding “$7.5 million” in its place.

FAR Case 2024-001

17.108

(a) and (b)

Amend section 17.108 by—

a. Removing from paragraph (a) “$15 million” and adding “$20 million” in its place; and

b. Removing from paragraph (b) “$150 million” and adding “$200 million” in its place.

FAR Case 2024-001

17.500

(c)(2)

Amend section 17.500 in paragraph (c)(2) by removing “$600,000” and adding “$750,000” in its place.

FAR Case 2024-001

19.702

(a)(1)(i), (a)(1)(ii) and (a)(1)(iii)

Amend section 19.702 by removing from paragraphs (a)(1)(i) through (iii) “$750,000 ($1.5 million” and adding “$900,000 ($2 million” in their places, respectively.

FAR Case 2024-001

19.704

(a)(9)

Amend section 19.704 in paragraph (a)(9) by removing “$750,000 ($1.5 million” and adding “$900,000 ($2 million” in its place.

FAR Case 2024-001

19.708

(b)(1)

Amend section 19.708 in paragraph (b)(1) by removing “$750,000 ($1.5 million” and adding “$900,000 ($2 million” in its place.

FAR Case 2024-001

19.804-6

(c)(2)

Amend section 19.804-6 in paragraph (c)(2) by removing “$7 million” and “$4.5 million” and adding “$8.5 million” and “$5.5 million” in their places, respectively.

FAR Case 2024-001

19.805-1

(a)(2)

Amend section 19.805-1 in paragraph (a)(2) by removing “$7 million” and “$4.5 million” and adding “$8.5 million” and “$5.5 million” in their places, respectively.

FAR Case 2024-001

19.808-1

(a)

Amend section 19.808-1 in paragraph (a) by removing “$25 million” and adding “$30 million” in its place.

FAR Case 2024-001

19.1306

(a)(2)(i) and (a)(2)(ii)

Amend section 19.1306 by—

a. Removing from paragraph (a)(2)(i) “$7 million” and adding “$8.5 million” in its place; and

b. Removing from paragraph (a)(2)(ii) “$4.5 million” and adding “$5.5 million” in its place.

FAR Case 2024-001

19.1406

(a)(2)(i) and (a)(2)(ii)

Amend section 19.1406 by—

a. Removing from paragraph (a)(2)(i) “$7 million” and adding “$8.5 million” in its place; and

b. Removing from paragraph (a)(2)(ii) “$4 million” and adding “$5 million” in its place.

FAR Case 2024-001

19.1506

(c)(1)(i) and (c)(1)(ii)

Amend section 19.1506 by—

a. Removing from paragraph (c)(1)(i) “$7 million” and adding “$8.5 million” in its place; and

b. Removing from paragraph (c)(1)(ii) “$4.5 million” and adding “$5.5 million” in its place.

FAR Case 2024-001

22.305

(a)

Amend section 22.305 in paragraph (a) by removing “$150,000” and adding “$200,000” in its place.

FAR Case 2024-001

22.602

Amend section 22.602 by removing “$15,000” and adding “$20,000” in its place.

FAR Case 2024-001

22.603

(b)

Amend section 22.603 in paragraph (b) by removing “$15,000” and adding “$20,000” in its place.

FAR Case 2024-001

22.605

(a)(1), (a)(2) and (a)(3)

Amend section 22.605 by removing from paragraphs (a)(1), (a)(2), (a)(3), and (a)(5) “$15,000” wherever it appears and adding “$20,000” in their places, respectively.

FAR Case 2024-001

22.1103

Amend section 22.1103 by removing “$750,000” and adding “$900,000” in its place.

FAR Case 2024-001

22.1303

(a) and (c)

Amend section 22.1303 in paragraphs (a) and (c) by removing “$150,000” and adding “$200,000” in their places, respectively.

FAR Case 2024-001

22.1310

(a)(1)

Amend section 22.1310 in paragraph (a)(1) by removing “$150,000” and adding “$200,000” in its place.

FAR Case 2024-001

22.1402

(a)

Amend section 22.1402 in paragraph (a) by removing “$15,000” and adding “$20,000” in its place.

FAR Case 2024-001

22.1408

(a)

Amend section 22.1408 in paragraph (a) introductory text by removing “$15,000” and adding “$20,000” in its place.

FAR Case 2024-001

22.1701

(b)(2)

Amend section 22.1701 in paragraph (b)(2) by removing “$550,000” and adding “$700,000” in its place.

FAR Case 2024-001

22.1703

(c)(1)(i)(B) and (c)(3)(i)(B)

Amend section 22.1703 by removing from paragraphs (c)(1)(i)(B) and (c)(3)(i)(B) “$550,000” and adding “$700,000” in their places, respectively.

FAR Case 2024-001

22.1705

(b)(1)

Amend section 22.1705 in paragraph (b)(1) by removing “$550,000” and adding “$700,000” in its place.

FAR Case 2024-001

23.109

+ FAC 2026-01 March 13, 2026

+ SectionDescription of ChangeCase Number

+ 22.1503

(b)(2)

Amend section 23.109 in paragraph (b)(2) by removing “$150,000” and adding “$200,000” in its place.

FAR Case 2024-001

25.703-2

(a)(2)

Amend section 25.703-2 in paragraph (a)(2) by removing “$10,000” and adding “$15,000” in its place.

FAR Case 2024-001

26.404

Amend section 26.404 by removing “$30,000” and adding “$35,000” in its place.

FAR Case 2024-001 30.201-4 (b)(1) Amend section 30.201-4 in paragraph (b)(1) by removing “$2 million” and adding “$2.5 million” in its place.

FAR Case 2024-001

32.104

(d)(2)(i) and (d)(2)(ii)

Amend section 32.104 by removing from paragraphs (d)(2)(i) and (ii) “$3 million” and adding “$3.5 million” in their places, respectively.

FAR Case 2024-001

32.404

(a)(7)(i)

Amend section 32.404 in paragraph (a)(7)(i) by removing “$15,000” and adding “$20,000” in its place.

FAR Case 2024-001

36.303-1

(a)(4)

Amend section 36.303-1 in paragraph (a)(4) by removing “$4.5 million” and adding “$5.5 million” in its place.

FAR Case 2024-001 36.501 (b)

Amend section 36.501 in paragraph (b) by removing “$1.5 million” wherever it appears and adding “$2 million” in their places, respectively.

FAR Case 2024-001

42.709-1

(b)

Amend section 42.709-1 in paragraph (b) by removing “$800,000” and adding “$1 million” in its place.

FAR Case 2024-001

42.709-7

Amend section 42.709-7 by removing “$800,000” and adding “$1 million” in its place.

FAR Case 2024-001 42.1502 (e) and (f)

Amend section 42.1502 by—

a. Removing from paragraph (e) “$750,000” wherever it appears and adding “$900,000” in their places, respectively; and

b. Removing from paragraph (f) “$35,000” wherever it appears and adding “$45,000” in their places, respectively.

FAR Case 2024-001

50.102-1

(b)

Amend section 50.102-1 in paragraph (b) by removing “$75,000” and adding “$90,000” in its place.

FAR Case 2024-001

50.102-3

(e)(1)(i) and (e)(1)(ii)

Amend section 50.102-3 by removing from paragraphs (e)(1)(i) and (ii) “$75,000” and adding “$90,000” in their places, respectively.

FAR Case 2024-001

52.204-8, clause date/heading and (c)(1)(ii)

Amend section 52.204-8 by revising the date of the provision, and removing from paragraph (c)(1)(ii) “$150,000” and adding “$200,000” in its place.

FAR Case 2024-001

52.209-12 and (b)

Amend section 52.209-12 by revising the date of the provision, and removing from paragraph (b) introductory text “$5.5 million” and adding “$7 million” in its place.

FAR Case 2024-001

52.212-3 and (e)

Amend section 52.212-3 by revising the date of the provision, and removing from paragraph (e) “$150,000” and adding “$200,000” in its place.

FAR Case 2024-001 52.212-5, (b)(39)(i), (e)(1)(xvi)(A), and Alternate II paragraph (e)(1)(ii)(O)(1)

+ Amend section 22.1503 by removing from paragraph (b)(2) “$102,280” and adding “$105,767” in its place.

+ FAR Case 2025-007

+ 25.202

+ (c)

+ Amend section 25.202 by removing from paragraph (c) “$6,708,000” and adding “$6,683,000” in its place.

+ FAR Case 2025-007 ,25.402

+ Amend section 25.402 in paragraph (b) by revising table 1.

+ FAR Case 2025-007

+ 25.603

+ (c)(1)

+ Amend section 25.603 by removing from paragraph (c)(1) “$6,708,000” and adding “$6,683,000” in its place.

+ FAR Case 2025-007

+ 25.1101

+ (b)(1)(iii) and (b)(2)(iii)

+ Amend section 25.1101 by—

+ a. Removing from paragraph (b)(1)(iii) “$102,280” and adding “$105,767” in its place; and

+ b. Removing from paragraph (b)(2)(iii) “$102,280” and adding “$105,767”in its place.

+ FAR Case 2025-007

+ 25.1102

+ (a),(c), (c)(3), (d)(3)

+ Amend section 25.1102 by—

+ a. Removing from the introductory text of paragraphs (a) and (c) “$6,708,000” and adding “$6,683,000” in their places; and

+ b. Removing from paragraphs (c)(3) and (d)(3) “$6,708,000” and “$13,296,489” and adding “$6,683,000” and “$13,749,689” in their places, respectively.

+ FAR Case 2025-007

+ 52.204-8, clause date/heading and (c)(1)(xxi)(C)

+ Amend section 52.204-8 by—

+ a. Revising the date of the provision; and

+ b. Removing from paragraph (c)(1)(xxi)(C) “$102,280” and adding “$105,767” in its place.

+ FAR Case 2025-007

+ 52.212-5, clause date/heading and (b)(32)

Amend section 52.212-5 by—

a. Revising the date of the clause;

b. Removing from paragraphs (b)(39)(i) and (e)(1)(xvi)(A) “NOV 2021” and adding “OCT 2025” in their places, respectively;

c. In Alternate II:

i. Revising the date of the alternate; and

ii. Removing from paragraph (e)(1)(ii)(O)(1) “NOV 2021” and adding “OCT 2025” in its place.

FAR Case 2024-001

52.213-4, (a)(1)(vii) and (b)(1)(ix)(A)

+ a. Revising the date of the clause; and

+ b. Removing from paragraph (b)(32) “(JAN 2025)” and adding “(MAR 2026)” in its place.

+ FAR Case 2025-007

+ 52.213-4, clause date/heading and (b)(1)(iii)

Amend section 52.213-4 by—

a. Revising the date of the clause;

b. Removing from paragraph (a)(2)(vii) “JAN 2025” and adding “OCT 2025” in its place; and

c. Removing from paragraph (b)(1)(ix)(A) “NOV 2021” and adding “OCT 2025” in its place.

FAR Case 2024-001 52.214-28,Alternate I, paragraphs (b)(1) and (b)(2)

Amend section 52.214-28 in Alternate I by: a. Revising the date of the alternate;

b. Removing from paragraph (b)(1) “$750,000” and adding “$950,000” in its place; and

c. Removing from paragraph (b)(2) “$2 million” wherever it appears and adding “$2.5 million” in their places, respectively.

FAR Case 2024-001 52.215-12,Alternate I, paragraphs (a)(1) and (a)(2)

Amend section 52.215-12 in Alternate I by:

a. Revising the date of the alternate;

b. Removing from paragraph (a)(1) “$750,000” and adding “$950,000” in its place; and

c. Removing from paragraph (a)(2) “$2 million” wherever it appears and adding “$2.5 million” in their places, respectively.

FAR Case 2024-001 52.215-13,Alternate I, paragraphs (b)(1), (b)(2), and (d)

Amend section 52.215-13 in Alternate I by:

a. Revising the date of the alternate;

b. Removing from paragraph (b)(1) “$750,000” and adding “$950,000” in its place; and

c. Removing from paragraph (b)(2) “$2 million” wherever it appears and adding “$2.5 million” in their places, respectively.

FAR Case 2024-001

52.222-50, (h)(1)(ii) and (i)(1)(ii)

Amend section 52.222-50 by revising the date of the clause, and removing from paragraphs (h)(1)(ii) and (i)(1)(ii) “$550,000” and adding “$700,000” in their places, respectively.

FAR Case 2024-001

52.222-56 and (b)(2)

Amend section 52.222-56 by revising the date of the provision, and removing from paragraph (b)(2) “$550,000” and adding “$700,000” in its place.

FAR Case 2024-001

52.225-8, (c)(1) and (j)(2)

Amend section 52.225-8 by revising the date of the clause, and removing from paragraphs (c)(1) introductory text and (j)(2) “$15,000” and adding “$20,000” in their places, respectively.

FAR Case 2024-001

52.244-6 and (c)(1)(xvii)(A)

Amend section 52.244-6 by—

a. Revising the date of the clause; and

b. Removing from paragraph (c)(1)(xvii)(A) “NOV 2021” and adding “OCT 2025” in its place.

FAR Case 2024-001

52.248-3 and (h)

Amend section 52.248-3 by revising the date of the clause, and removing from paragraph (h) “$75,000” and adding “$90,000” in its place.

FAR Case 2024-001

+ b. Removing from paragraph (b)(1)(iii) “(JAN 2025)” and adding “(MAR 2026)” in its place.

+ FAR Case 2025-007

+ 52.222-19, clause date/heading and (a)(2)

+ Amend section 52.222-19 by—

+ a. Revising the date of the clause; and

+ b. Removing from paragraph (a)(2) “$102,280” and adding “$105,767” in its place.

+ FAR Case 2025-007

2.101

+3 1current text ↗

acquisition procedures means the methods prescribed in part 13

for making purchases of supplies or services.

Simplified acquisition threshold means $350,000, except for— (1) Acquisitions of supplies or services that, as determined by the head of the agency, are to be used to support a contingency operation; to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to support a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate provision of international disaster assistance pursuant to 22 U.S.C. 2292 et seq.; or to support response to an emergency or major disaster (42 U.S.C. 5122), (41 U.S.C. 1903), the term means—

+ Simplified acquisition threshold means $350,000, except for—

+ (1) Acquisitions of supplies or services that, as determined by the head of the agency, are to be used to support a contingency operation; to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to support a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate provision of international disaster assistance pursuant to 22 U.S.C. 2292

+ et seq.; or to support response to an emergency or major disaster (42 U.S.C. 5122), (41 U.S.C. 1903), the term means—

(i) $1 million for any contract to be awarded and performed, or purchase to be made, inside the United States; and

(ii) $2 million for any contract to be awarded and performed, or purchase to be made, outside the United States; and

3.801 Definitions.

+4 2current text ↗

As used in this subpart-

Agency means "executive agency" as defined in 2.101.

Covered Federal action means any of the following actions:(1) Awarding any Federal contract.

+ Covered Federal action means any of the following actions:

+ (1) Awarding any Federal contract.

(2) Making any Federal grant.

(3) Making any Federal loan.

⋯ unchanged text omitted

Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

Officer or employee of an agency includes the following individuals who are employed by an agency:(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.

+ Officer or employee of an agency includes the following individuals who are employed by an agency:

+ (1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.

(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.

(3) A special Government employee, as defined in section 202, Title 18, United States Code.

3.907-1

+2 1current text ↗

As used in this section-

Board means the Recovery Accountability and Transparency Board established by Section 1521 of the Recovery Act.

Covered funds means any contract payment, grant payment, or other payment received by a contractor if- (1) The Federal Government provides any portion of the money or property that is provided, requested, or demanded; and

+ Covered funds means any contract payment, grant payment, or other payment received by a contractor if-

+ (1) The Federal Government provides any portion of the money or property that is provided, requested, or demanded; and

(2) At least some of the funds are appropriated or otherwise made available by the Recovery Act.

Covered information means information that the employee reasonably believes is evidence of gross mismanagement of the contract or subcontract related to covered funds, gross waste of covered funds, a substantial and specific danger to public health or safety related to the implementation or use of covered funds, an abuse of authority related to the implementation or use of covered funds, or a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) awarded or issued relating to covered funds.

3.1101 Definitions.

+4 2current text ↗

3.1101 Definitions.

As used in this subpart-

Acquisition function closely associated with inherently governmental functions means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:(1) Planning acquisitions.

+ Acquisition function closely associated with inherently governmental functions means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:

+ (1) Planning acquisitions.

(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.

(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.

⋯ unchanged text omitted

(7) Terminating contracts.

(8) Determining whether contract costs are reasonable, allocable, and allowable.

Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is-(1) An employee of the contractor; or

+ Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is-

+ (1) An employee of the contractor; or

(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.

Personal conflict of interest means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee’s ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not "impair the employee’s ability to act impartially and in the best interest of the Government" is not covered under this definition.)

17.103

+2 1current text ↗

17.103 Definitions.

As used in this subpart-

Cancellation means the cancellation (within a contractually specified time) of the total requirements of all remaining program years. Cancellation results when the contracting officer- (1) Notifies the contractor of nonavailability of funds for contract performance for any subsequent program year; or

+ Cancellation means the cancellation (within a contractually specified time) of the total requirements of all remaining program years. Cancellation results when the contracting officer-

+ (1) Notifies the contractor of nonavailability of funds for contract performance for any subsequent program year; or

(2) Fails to notify the contractor that funds are available for performance of the succeeding program year requirement.

Cancellation ceiling means the maximum cancellation charge that the contractor can receive in the event of cancellation.

22.401

+8 4current text ↗

22.401 Definitions.

As used in this subpart-

Apprentice means a person-(1) Employed and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer, and Labor Services (OATELS), or with a State Apprenticeship Agency recognized by OATELS; or

+ Apprentice means a person-

+ (1) Employed and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer, and Labor Services (OATELS), or with a State Apprenticeship Agency recognized by OATELS; or

(2) Who is in the first 90 days of probationary employment as an apprentice in an apprenticeship program, and is not individually registered in the program, but who has been certified by the OATELS or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.

Construction, alteration, or repair means all types of work done by laborers and mechanics employed by the construction contractor or construction subcontractor on a particular building or work at the site thereof, including without limitations-(1)Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated off-site;

+ Construction, alteration, or repair means all types of work done by laborers and mechanics employed by the construction contractor or construction subcontractor on a particular building or work at the site thereof, including without limitations-

+ (1)Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated off-site;

(2) Painting and decorating;

(3) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work;

(4) Transportation of materials and supplies between the site of the work within the meaning of paragraphs (1)(i) and (ii) of the "site of the work" definition of this section, and a facility which is dedicated to the construction of the building or work and is deemed part of the site of the work within the meaning of paragraph (2) of the "site of work" definition of this section; and

(5) Transportation of portions of the building or work between a secondary site where a significant portion of the building or work is constructed, which is part of the "site of the work" definition in paragraph (1)(ii) of this section, and the physical place or places where the building or work will remain (paragraph (1)(i) in the "site of the work" definition of this section).

Laborers or mechanics.-(1) Means-

+ Laborers or mechanics.-

+ (1) Means-

(i) Workers, utilized by a contractor or subcontractor at any tier, whose duties are manual or physical in nature (including those workers who use tools or who are performing the work of a trade), as distinguished from mental or managerial;

(ii) Apprentices, trainees, helpers, and, in the case of contracts subject to the Contract Work Hours and Safety Standards statute, watchmen and guards;

⋯ unchanged text omitted

(2) Does not include workers whose duties are primarily executive, supervisory (except as provided in paragraph (1)(iii) of this definition), administrative, or clerical, rather than manual. Persons employed in a bona fide executive, administrative, or professional capacity as defined in 29 CFR part 541 are not deemed to be laborers or mechanics.

Public building or public work means building or work, the construction, prosecution, completion, or repair of which, as defined in this section, is carried on directly by authority of, or with funds of, a Federal agency to serve the interest of the general public regardless of whether title thereof is in a Federal agency.

Site of the work.-(1) Means

+ Site of the work.-

+ (1) Means

(i) The primary site of the work. The physical place or places where the construction called for in the contract will remain when work on it is completed; and

(ii) The secondary site of the work, if any. Any other site where a significant portion of the building or work is constructed, provided that such site is-

22.605

+1 2current text ↗

(4)

If a contract subject to the statute is awarded to a contractor operating Government-owned facilities, the stipulations of the statute affect the employees of that contractor the same as employees of contractors operating privately owned facilities.

(5)

Indefinite-delivery contracts, including basic ordering agreements and blanket purchase agreements, are subject to the statute unless it can be determined in advance that the aggregate amount of all orders estimated to be placed thereunder for 1 year after the effective date of the agreement will not exceed $15,000. A determination shall be made annually thereafter if the contract or agreement is extended, and the contract or agreement modified if necessary.

+ (5) Indefinite-delivery contracts, including basic ordering agreements and blanket purchase agreements, are subject to the statute unless it can be determined in advance that the aggregate amount of all orders estimated to be placed thereunder for 1 year after the effective date of the agreement will not exceed $20,000. A determination shall be made annually thereafter if the contract or agreement is extended, and the contract or agreement modified if necessary.

(b)

[Reserved]

22.1503

+1 3current text ↗

(1)

Israel, and the anticipated value of the acquisition is $50,000 or more (see 25.406);

(2) Mexico, and the anticipated

value of the acquisition is $102,280

or more (see subpart 25.4); or

+ (2) Mexico, and the anticipated value of the acquisition is $105,767 or more (see subpart 25.4); or

(3) Armenia, Aruba, Australia,

Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus,

22.1801

+4 2current text ↗

22.1801 Definitions.

As used in this subpart-

Commercially available off-the-shelf (COTS) item-(1) Means any item of supply that is-

+ Commercially available off-the-shelf (COTS) item-

+ (1) Means any item of supply that is-

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. Per 46 CFR 525.1 (c)(2), "bulk cargo" means cargo that is loaded and carried in bulk onboard ship without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo.

Employee assigned to the contract means an employee who was hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), who is directly performing work, in the United States, under a contract that is required to include the clause prescribed at 22.1803. An employee is not considered to be directly performing work under a contract if the employee-(1) Normally performs support work, such as indirect or overhead functions; and

+ Employee assigned to the contract means an employee who was hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), who is directly performing work, in the United States, under a contract that is required to include the clause prescribed at 22.1803. An employee is not considered to be directly performing work under a contract if the employee-

+ (1) Normally performs support work, such as indirect or overhead functions; and

(2) Does not perform any substantial duties applicable to the contract.

Subcontract means any contract, as defined

22.2101

+2 1current text ↗

Accrual year means the 12-month period during which a contractor may limit an employee's accrual of paid sick leave to no less than 56 hours (see 29 CFR 13.5(b)(1)).

Certification issued by a health care provider has the meaning given in 29 CFR 13.2.

Employee- (1)

+ Employee-

+ (1)

(i) Means any person engaged in performing work on or in connection with a contract covered by E.O. 13706; and

(A) Whose wages under such contract are governed by the Service Contract Labor Standards statute (41 U.S.C. chapter 67), the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV), or the Fair Labor Standards Act (29 U.S.C. chapter 8);

25.202

+1 4current text ↗

exception available for public inspection.

(c)

Acquisitions under trade

agreements. For construction contracts with an estimated

acquisition value of $6,708,000

or more, see subpart 25.4.

+ Acquisitions under trade agreements. For construction contracts with an estimated acquisition value of $6,683,000 or more, see subpart 25.4.

25.402

+29 34current text ↗

or exceeding)

Service Contract

(equal to or exceeding)

Construction

Contract (equal to or exceeding)

WTO GPA

+ (equal to or exceeding)Construction

+ Contract (equal to or exceeding)WTO GPA

$174,000

$174,000

$6,708,000

+ $6,683,000

FTAs

Australia

FTA

102,280

102,280

6,708,000

+ 105,767

+ 105,767

+ 6,683,000

Bahrain

FTA

174,000

174,000

13,296,489

+ 13,749,689

CAFTA-DR

(Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras,

and Nicaragua)

102,280

102,280

6,708,000

+ 105,767

+ 105,767

+ 6,683,000

Chile

FTA

102,280

102,280

6,708,000

+ 105,767

+ 105,767

+ 6,683,000

Colombia

FTA

102,280

102,280

6,708,000

+ 105,767

+ 105,767

+ 6,683,000

Korea

FTA

100,000

100,000

6,708,000

+ 100,000100,000

+ 6,683,000

Morocco

FTA

174,000

174,000

6,708,000

+ 6,683,000

USMCA

-Mexico

102,280

102,280

13,296,489

+ 105,767

+ 105,767

+ 13,749,689

Oman FTA

174,000

174,000

13,296,489

+ 13,749,689

Panama

FTA

174,000

174,000

6,708,000

+ 6,683,000

Peru FTA

174,000

174,000

6,708,000

+ 6,683,000

Singapore

FTA

102,280

102,280

6,708,000

+ 105,767

+ 105,767

+ 6,683,000

Israeli Trade Act

50,000

-

-

+ 50,000--

25.603

+1 6current text ↗

Acquisitions

under trade agreements.

(1) For construction contracts

with an estimated acquisition value of $6,708,000

or more, also see subpart 25.4. Offers proposing the

use of construction material from a designated country

shall receive equal consideration with offers proposing

the use of domestic construction material.

+ (1) For construction contracts with an estimated acquisition value of $6,683,000 or more, also see subpart 25.4. Offers proposing the use of construction material from a designated country shall receive equal consideration with offers proposing the use of domestic construction material.

(2) For purposes

of applying section 1605 of the Recovery Act to evaluation of manufactured

25.703-1

+2 1current text ↗

(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and

(2) Does not include a government or governmental entity that is not operating as a business enterprise.

Sensitive technology- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-

+ Sensitive technology-

+ (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

25.1101

+2 2current text ↗

(C) No exception in 25.401 applies. For acquisitions of agencies not subject to the Israeli Trade Act (see 25.406), see agency regulations.

(ii) If the acquisition value is $50,000 or more but is less than $100,000, use the clause with its Alternate II.

(iii) If the acquisition value is $100,000 or more but is less than $102,280, use the clause with its Alternate III.

+ (iii) If the acquisition value is $100,000 or more but is less than $105,767, use the clause with its Alternate III.

(iv) The contracting officer shall use the clause with its Alternate IV to reflect the domestic content threshold that will apply to the entire period of performance, when the senior procurement executive allows for application of an alternate domestic content test for the contract in accordance with 25.102(d). For contracts that the contracting officer estimates will be awarded in calendar year 2022 or 2023, the contracting officer shall insert “60” in paragraph (1)(ii)(A) of the definition of “domestic end product.” For contracts that the contracting officer estimates will be awarded in calendar year 2024, 2025, 2026, 2027, or 2028, the contracting officer shall insert “65”. For contracts that the contracting officer estimates will be awarded after calendar year 2028 the contracting officer shall insert “75”.

(2)

(i) Insert the provision at 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate, in solicitations containing the clause at 52.225-3.

(ii) If the acquisition value is $50,000 or more but is less than $100,000, use the provision with its Alternate II.

(iii) If the acquisition value is $100,000 or more, but is less than $102,280, use the provision with its Alternate III.

+ (iii) If the acquisition value is $100,000 or more, but is less than $105,767, use the provision with its Alternate III.

(c)

(1) Insert the clause at 52.225-5, Trade Agreements, in solicitations and contracts valued at $174,000 or more, if the acquisition is covered by the WTO GPA (see subpart 25.4) and the agency has determined that the restrictions of the Buy American statute are not applicable to U.S.-made end products. If the agency has not made such a determination, the contracting officer must follow agency procedures.

25.1102

+4 19current text ↗

(d) of this section. Otherwise, follow the prescription in paragraph

(e).

(a) Insert the clause at 52.225-9, Buy American-Construction Materials, in

solicitations and contracts for construction that is performed in the United

States valued at less than $6,708,000.

+ (a) Insert the clause at 52.225-9, Buy American-Construction Materials, in solicitations and contracts for construction that is performed in the United States valued at less than $6,683,000.

(1)

List

⋯ unchanged text omitted

of the Buy American statute before receipt of offers, use the provision

with its Alternate I.

(c) Insert the clause at 52.225-11, Buy

American-Construction Materials under Trade Agreements, in

solicitations and contracts for construction that is performed

in the United States valued at $6,708,000

or more.

+ (c) Insert the clause at 52.225-11, Buy American-Construction Materials under Trade Agreements, in solicitations and contracts for construction that is performed in the United States valued at $6,683,000 or more.

(1)

List in paragraph (b)(3) of the

⋯ unchanged text omitted

substitute the higher evaluation percentage in paragraph (b)(4)(i)

of the clause.

(3) For acquisitions valued at $6,708,000 or

more, but less than $13,296,489,

use the clause with its Alternate I. List in paragraph

(b)(3) of the clause all foreign construction material

excepted from the requirements of the Buy American

statute, unless the excepted foreign construction

material is from a designated country other than

Bahrain, Mexico, and Oman.

+ (3) For acquisitions valued at $6,683,000 or more, but less than $13,749,689, use the clause with its Alternate I. List in paragraph (b)(3) of the clause all foreign construction material excepted from the requirements of the Buy American statute, unless the excepted foreign construction material is from a designated country other than Bahrain, Mexico, and Oman.

(4)

The contracting officer

⋯ unchanged text omitted

of the Buy American statute before receipt of offers, use the provision

with its Alternate I.

(3) For acquisitions valued at $6,708,000 or

more, but less than $13,296,489,

use the provision with its Alternate II.

+ (3) For acquisitions valued at $6,683,000 or more, but less than $13,749,689, use the provision with its Alternate II.

(e)

(1)

26.401

+4 2current text ↗

As used in this subpart-

Apparently wholesome food means food that meets all quality and labeling standards imposed by Federal, State, and local laws and regulations even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions, in accordance with (b)(2) of the Bill Emerson Good Samaritan Food Donation Act ( 42 U.S.C. 1791(b)).

Excess food means food that- (1) Is not required to meet the needs of the executive agencies; and

+ Excess food means food that-

+ (1) Is not required to meet the needs of the executive agencies; and

(2) Would otherwise be discarded.

Food-insecure means inconsistent access to sufficient, safe, and nutritious food.

Nonprofit organization means any organization that is- (1) Described in section 501(c) of the Internal Revenue Code of 1986; and

+ Nonprofit organization means any organization that is-

+ (1) Described in section 501(c) of the Internal Revenue Code of 1986; and

(2) Exempt from tax under section 501(a) of that Code.

27.301

+2 1current text ↗

As used in this subpart-

Invention means any invention or discovery that is or may be patentable or otherwise protectable under title 35 of the U.S. Code, or any variety of plant that is or may be protectable under the Plant Variety Protection Act (7 U.S .C. 2321, et seq.)

Made means- (1) When used in relation to any invention other than a plant variety, means the conception or first actual reduction to practice of the invention; or

+ Made means-

+ (1) When used in relation to any invention other than a plant variety, means the conception or first actual reduction to practice of the invention; or

(2) When used in relation to a plant variety, means that the contractor has at least tentatively determined that the variety has been reproduced with recognized characteristics.

Nonprofit organization means a university or other institution of higher education or an organization of the type described in section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)) and exempt from taxation under section 501(a) of the Internal Revenue Code (26 U.S.C. 501(a)), or any nonprofit scientific or educational organization qualified under a State nonprofit organization statute.

28.001

+4 2current text ↗

Attorney-in-fact means an agent, independent agent, underwriter, or any other company or individual holding a power of attorney granted by a surety (see also "power of attorney" at 2.101).

Bid means any response to a solicitation, including a proposal under a negotiated acquisition. See the definition of "offer" at 2.101.

Bid guarantee means a form of security assuring that the bidder- (1) Will not withdraw a bid within the period specified for acceptance; and

+ Bid guarantee means a form of security assuring that the bidder-

+ (1) Will not withdraw a bid within the period specified for acceptance; and

(2) Will execute a written contract and furnish required bonds, including any necessary coinsurance or reinsurance agreements, within the time specified in the bid, unless a longer time allowed, after receipt of the specified forms.

Bidder means any entity that is responding or has responded to a solicitation, including an offeror under a negotiated acquisition.

Bond means a written instrument executed by a bidder or contractor (the "principal"), and a second party (the "surety" or "sureties") (except as provided in 28.204), to assure fulfillment of the principal’s obligations to a third party (the "obligee" or "Government"), identified in the bond. If the principal’s obligations are not met, the bond assures payment, to the extent stipulated, of any loss sustained by the obligee. The types of bonds and related documents are as follows: (1) An advance payment bond secures fulfillment of the contractor’s obligations under an advance payment provision.

+ Bond means a written instrument executed by a bidder or contractor (the "principal"), and a second party (the "surety" or "sureties") (except as provided in 28.204), to assure fulfillment of the principal’s obligations to a third party (the "obligee" or "Government"), identified in the bond. If the principal’s obligations are not met, the bond assures payment, to the extent stipulated, of any loss sustained by the obligee. The types of bonds and related documents are as follows:

+ (1) An advance payment bond secures fulfillment of the contractor’s obligations under an advance payment provision.

(2) An annual bid bond is a single bond furnished by a bidder, in lieu of separate bonds, which secure all bids (on other than construction contracts) requiring bonds submitted during a specific Government fiscal year.

(3) An annual performance bond is a single bond furnished by a contractor, in lieu of separate performance bonds, to secure fulfillment of the contractor’s obligations under contracts (other than construction contracts) requiring bonds entered into during a specific Government fiscal year.

31.205-18

+2 1current text ↗

Bid and proposal (B&P) costs means the costs incurred in preparing, submitting, and supporting bids and proposals (whether or not solicited) on potential Government or non-Government contracts. The term does not include the costs of effort sponsored by a grant or cooperative agreement, or required in the performance of a contract.

Company means all divisions, subsidiaries, and affiliates of the contractor under common control.

Development means the systematic use, under whatever name, of scientific and technical knowledge in the design, development, test, or evaluation of a potential new product or service (or of an improvement in an existing product or service) for the purpose of meeting specific performance requirements or objectives. Development includes the functions of design engineering, prototyping, and engineering testing. Development excludes- (1) Subcontracted technical effort which is for the sole purpose of developing an additional source for an existing product, or

+ Development means the systematic use, under whatever name, of scientific and technical knowledge in the design, development, test, or evaluation of a potential new product or service (or of an improvement in an existing product or service) for the purpose of meeting specific performance requirements or objectives. Development includes the functions of design engineering, prototyping, and engineering testing. Development excludes-

+ (1) Subcontracted technical effort which is for the sole purpose of developing an additional source for an existing product, or

(2) Development effort for manufacturing or production materials, systems, processes, methods, equipment, tools, and techniques not intended for sale.

Independent research and development (IR&D) means a contractor’s IR&D cost that consists of projects falling within the four following areas: (1) basic research, (2) applied research, (3) development, and (4) systems and other concept formulation studies. The term does not include the costs of effort sponsored by a grant or required in the performance of a contract. IR&D effort shall not include technical effort expended in developing and preparing technical data specifically to support submitting a bid or proposal.

32.001

+4 2current text ↗

financing payments are liquidated by deduction from these payments.

Delivery payments are invoice payments for prompt payment purposes.

Designated billing office means the office or person (governmental or nongovernmental) designated in the contract where the contractor first submits invoices and contract financing requests. The contract might designate different offices to receive invoices and contract financing requests. The designated billing office might be-(1) The Government disbursing office;

+ Designated billing office means the office or person (governmental or nongovernmental) designated in the contract where the contractor first submits invoices and contract financing requests. The contract might designate different offices to receive invoices and contract financing requests. The designated billing office might be-

+ (1) The Government disbursing office;

(2) The contract administration office;

(3) The office accepting the supplies delivered or services performed by the contractor;

⋯ unchanged text omitted

Due date means the date on which payment

should be made.

Invoice payment means a Government disbursement of monies to a contractor under a contract or other authorization for supplies or services accepted by the Government.(1) Invoice payments include-

+ Invoice payment means a Government disbursement of monies to a contractor under a contract or other authorization for supplies or services accepted by the Government.

+ (1) Invoice payments include-

(i) Payments for partial deliveries that have been accepted by the Government;

(ii) Final cost or fee payments where amounts owed have been settled between the Government and the contractor;

33.101

+4 2current text ↗

33.101 Definitions.

As used in this subpart-

Day means a calendar day, unless otherwise specified. In the computation of any period-(1) The day of the act, event, or default from which the designated period of time begins to run is not included; and

+ Day means a calendar day, unless otherwise specified. In the computation of any period-

+ (1) The day of the act, event, or default from which the designated period of time begins to run is not included; and

(2) The last day after the act, event, or default is included unless-

(i) The last day is a Saturday, Sunday, or Federal holiday; or

⋯ unchanged text omitted

Filed means the complete receipt of any document by an agency before its close of business. Documents received after close of business are considered filed as of the next day. Unless otherwise stated, the agency close of business is presumed to be 4:30 p.m., local time.

Interested party for the purpose of filing a protest means an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract.

Protest means a written objection by an interested party to any of the following:(1) A solicitation or other request by an agency for offers for a contract for the procurement of property or services.

+ Protest means a written objection by an interested party to any of the following:

+ (1) A solicitation or other request by an agency for offers for a contract for the procurement of property or services.

(2) The cancellation of the solicitation or other request.

(3) An award or proposed award of the contract.

33.201

+2 1current text ↗

Alternative dispute resolution (ADR) means any type of procedure or combination of procedures voluntarily used to resolve issues in controversy. These procedures may include, but are not limited to, conciliation, facilitation, mediation, fact-finding, minitrials, arbitration, and use of ombudsmen.

Defective certification means a certificate which alters or otherwise deviates from the language in 33.207(c) or which is not executed by a person authorized to bind the contractor with respect to the claim. Failure to certify shall not be deemed to be a defective certification.

Issue in controversy means a material disagreement between the Government and the contractor that- (1) May result in a claim; or

+ Issue in controversy means a material disagreement between the Government and the contractor that-

+ (1) May result in a claim; or

(2) Is all or part of an existing claim.

Misrepresentation of fact means a false statement of substantive fact, or any conduct which leads to the belief of a substantive fact material to proper understanding of the matter in hand, made with intent to deceive or mislead.

42.1503

+7 2current text ↗

With regard to information that may be covered by a disclosure exemption under the Freedom of Information Act, the contracting officer shall follow the procedures at 9.105-2(b)(2)(iv).

Table 42-1 -Evaluation Rating Definitions

RatingDefinitionNote

+ Rating

+ Definition

+ Note

(a) Exceptional

Performance meets contractual requirements and exceeds many to the Government’s benefit. The contractual performance of the element or sub-element being evaluated was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective.

⋯ unchanged text omitted

NOTE 2: N/A (not applicable) should be used if the ratings are not going to be applied to a particular area for evaluation.

Table 42-2 -Evaluation Rating Definitions

[For the small business subcontracting evaluation factor, when 52.219-9 is used]RatingDefinitionNote

+ [For the small business subcontracting evaluation factor, when 52.219-9 is used]

+ Rating

+ Definition

+ Note

(a) Exceptional

Exceeded all statutory goals or goals as negotiated. Had exceptional success with initiatives to assist, promote, and utilize small business (SB), small disadvantaged business (SDB), women-owned small business (WOSB), HUBZone small business, veteran-owned small business (VOSB) and service disabled veteran owned small business (SDVOSB). Complied with FAR 52.219-8, Utilization of Small Business Concerns. Exceeded any other small business participation requirements incorporated in the contract/order, including the use of small businesses in mission critical aspects of the program. Went above and beyond the required elements of the subcontracting plan and other small business requirements of the contract/order. Completed and submitted Individual Subcontract Reports and/or Summary Subcontract Reports in an accurate and timely manner. Did not have a history of three or more unjustified reduced or untimely payments to small business subcontractors within a 12-month period.

47.001

+4 2current text ↗

47.001 Definitions.

As used in this part-

Bill of lading means a transportation document, used as a receipt of goods, as documentary evidence of title, for clearing customs, and generally used as a contract of carriage.(1) "Commercial bill of lading (CBL)", unlike the Government bill of lading, is not an accountable transportation document.

+ Bill of lading means a transportation document, used as a receipt of goods, as documentary evidence of title, for clearing customs, and generally used as a contract of carriage.

+ (1) "Commercial bill of lading (CBL)", unlike the Government bill of lading, is not an accountable transportation document.

(2) "Government bill of lading (GBL)" is an accountable transportation document, authorized and prepared by a Government official.

Carrier or "commercial carrier" means a common carrier or a contract carrier.

⋯ unchanged text omitted

Contract carrier means a person providing transportation for compensation under continuing agreements with one person or a limited number of persons.

Government rate tender under 49 U.S.C. 10721 and 13712means an offer by a common carrier to the United States at a rate below the regulated rate offered to the general public.

Household goods in accordance with 49 U.S.C. 13102 means personal effects and property used or to be used in a dwelling, when a part of the equipment or supply of such dwelling, and similar property if the transportation of such effects or property is arranged and paid for by-(1) The householder, except such term does not include property moving from a factory or store, other than property that the householder has purchased with the intent to use in his or her dwelling and is transported at the request of, and the transportation charges are paid to the carrier by, the householder; or

+ Household goods in accordance with 49 U.S.C. 13102 means personal effects and property used or to be used in a dwelling, when a part of the equipment or supply of such dwelling, and similar property if the transportation of such effects or property is arranged and paid for by-

+ (1) The householder, except such term does not include property moving from a factory or store, other than property that the householder has purchased with the intent to use in his or her dwelling and is transported at the request of, and the transportation charges are paid to the carrier by, the householder; or

(2) Another party.

Noncontiguous domestic trade means transportation (except with regard to bulk cargo, forest products, recycled metal scrap, waste paper, and paper waste) subject to regulation by the Surface Transportation Board involving traffic originating in or destined to Alaska, Hawaii, or a territory or possession of the United States (see 49 U.S.C. 13102(15) and 13702).

48.001

+4 2current text ↗

48.001 Definitions.

As used in this part-

Acquisition savings means savings resulting from the application of a value engineering change proposal (VECP) to contracts awarded by the same contracting office or its successor for essentially the same unit. Acquisition savings include- (1) Instant contract savings, that are the net cost reductions on the contract under which the VECP is submitted and accepted, and that are equal to the instant unit cost reduction multiplied by the number of instant contract units affected by the VECP, less the contractor’s allowable development and implementation costs;

+ Acquisition savings means savings resulting from the application of a value engineering change proposal (VECP) to contracts awarded by the same contracting office or its successor for essentially the same unit. Acquisition savings include-

+ (1) Instant contract savings, that are the net cost reductions on the contract under which the VECP is submitted and accepted, and that are equal to the instant unit cost reduction multiplied by the number of instant contract units affected by the VECP, less the contractor’s allowable development and implementation costs;

(2) Concurrent contract savings, that are net reductions in the prices of other contracts that are definitized and ongoing at the time the VECP is accepted; and

(3) Future contract savings, that are the product of the future unit cost reduction multiplied by the number of future contract units in the sharing base. On an instant contract, future contract savings include savings on increases in quantities after VECP acceptance that are due to contract modifications, exercise of options, additional orders, and funding of subsequent year requirements on a multiyear contract.

⋯ unchanged text omitted

Contracting office includes any contracting office that the acquisition is transferred to, such as another branch of the agency or another agency’s office that is performing a joint acquisition action.

Contractor’s development and implementation costs means those costs the contractor incurs on a VECP specifically in developing, testing, preparing, and submitting the VECP, as well as those costs the contractor incurs to make the contractual changes required by Government acceptance of a VECP.

Future unit cost reduction means the instant unit cost reduction adjusted as the contracting officer considers necessary for projected learning or changes in quantity during the sharing period. It is calculated at the time the VECP is accepted and applies either- (1) Throughout the sharing period, unless the contracting officer decides that recalculation is necessary because conditions are significantly different from those previously anticipated, or

+ Future unit cost reduction means the instant unit cost reduction adjusted as the contracting officer considers necessary for projected learning or changes in quantity during the sharing period. It is calculated at the time the VECP is accepted and applies either-

+ (1) Throughout the sharing period, unless the contracting officer decides that recalculation is necessary because conditions are significantly different from those previously anticipated, or

(2) To the calculation of a lump-sum payment, that cannot later be revised.

Government costs means those agency costs that result directly from developing and implementing the VECP, such as any net increases in the cost of testing, operations, maintenance, and logistics support. The term does not include the normal administrative costs of processing the VECP or any increase in instant contract cost or price resulting from negative instant contract savings, except that for use in 52.248-3, see the definition at 52.248-3(b).

52.203-12

+4 2current text ↗

Definitions. As used in this clause-

Agency means "executive agency" as defined in Federal Acquisition Regulation (FAR) 2.101.

Covered Federal action means any of the following actions: (1) Awarding any Federal contract.

+ Covered Federal action means any of the following actions:

+ (1) Awarding any Federal contract.

(2) Making any Federal grant.

(3) Making any Federal loan.

⋯ unchanged text omitted

Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

Officer or employee of an agency includes the following individuals who are employed by an agency: (1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.

+ Officer or employee of an agency includes the following individuals who are employed by an agency:

+ (1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.

(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.

(3) A special Government employee, as defined in section 202, Title 18, United States Code.

52.204-8

+2 7current text ↗

4.1202(a), insert the following

provision:

Annual Representations and Certifications (Oct 2025)

+ Annual Representations and Certifications (Mar 2026)

(a)

(1)

⋯ unchanged text omitted

less than $100,000,

the provision with its Alternate II applies.

(C)

If the

acquisition value is $100,000

or more but is less than $102,280,

the provision with its Alternate III

applies.

+ (C) If the acquisition value is $100,000 or more but is less than $105,767, the provision with its Alternate III applies.

(xxii)

52.225-6, Trade

52.204-13

+4 2current text ↗

Definitions. As used in this clause—

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that– (1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

+ Registered in the System for Award Management (SAM) means that–

+ (1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record "Active".

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes– (1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

+ System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes–

+ (1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

52.204-17

+2 1current text ↗

(a)

Definitions. As used in this provision–

Commercial and Government Entity (CAGE) code means– (1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

+ Commercial and Government Entity (CAGE) code means–

+ (1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

52.212-5

+2 2current text ↗

As prescribed in

12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Oct 2025)

+ Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Mar 2026)

(a)

The

⋯ unchanged text omitted

52.222-3, Convict Labor (Jun 2003) (E.O. 11755).

(32)

52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025)(E.O. 13126).

+ 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2026)(E.O. 13126).

(33)

52.222-21, Prohibition

52.213-4

+2 2current text ↗

13.302-5(d), insert

the following clause:

Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (Oct 2025)

+ Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (Mar 2026)

(a)

The

⋯ unchanged text omitted

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)(Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(iii)

52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in 2.101 on the date of award of this contract).

+ 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2026) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in 2.101 on the date of award of this contract).

(iv)

52.222-20, Contracts for

52.219-3

+2 1current text ↗

Set-Aside or Sole-Source Award (Oct

2022)

(a) Definitions.

+ (a)

+ Definitions.

HUBZone small business concern, as used in this clause, means a small business concern, certified by the Small Business Administration (SBA), that appears on the List of Qualified HUBZone Small Business Concerns maintained by the SBA (13 CFR 126.103).

(b)

52.219-6

+6 3current text ↗

Notice of Total Small

Business Set-Aside (Nov 2020)

(a) Definition.

Small business concern, as used in this clause— (1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

+ (a)

+ Definition.

+ Small business concern, as used in this clause—

+ (1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

+ (2)

+ Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b)

Applicability.

52.219-7

+6 3current text ↗

Notice of Partial Small Business

Set-Aside (Nov 2020)

(a) Definition.

Small business concern, as used in this clause— (1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

+ (a)

+ Definition.

+ Small business concern, as used in this clause—

+ (1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

+ (2)

+ Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b)

Applicability. This

52.219-8

+8 4current text ↗

Definitions. As used in this contract—

HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Dynamic Small Business Search (DSBS) and SAM.

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern— (1)

+ Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern—

+ (1)

(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran, as defined in 38 U.S.C.101(2), with a disability that is service-connected, as defined in 38 U.S.C.101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that— (1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

+ Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that—

+ (1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation and qualified as a small business under the criteria and size standards in 13 CFR part 121, including the size standard that corresponds to the NAICS code assigned to the contract or subcontract.

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that- (1) Is at least 51 percent of which is owned and controlled (as defined at 13 CFR 124.105) by-

+ Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that-

+ (1) Is at least 51 percent of which is owned and controlled (as defined at 13 CFR 124.105) by-

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Veteran-owned small business concern means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

+ Veteran-owned small business concern means a small business concern-

+ (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business concern means a small business concern-

52.219-14

+4 2current text ↗

This

clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition.

Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that— (1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

+ (b)

+ Definition.

+ Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

+ (1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c)

52.222-19

+2 4current text ↗

22.1505(b), insert

the following clause:

Child Labor-Cooperation with Authorities and Remedies (Jan 2025)

+ Child Labor-Cooperation with Authorities and Remedies (Mar 2026)

(a)

Applicability.

⋯ unchanged text omitted

(1)

Israel, and the anticipated value of the acquisition is $50,000 or more;

(2) Mexico, and the anticipated

value of the acquisition is $102,280

or more; or

+ (2) Mexico, and the anticipated value of the acquisition is $105,767 or more; or

(3) Armenia, Aruba, Australia,

Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus,

52.222-26

+2 1current text ↗

Compensation means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement.

Compensation information means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation.

Essential job functions means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if- (1) The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or

+ Essential job functions means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if-

+ (1) The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or

(2) The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information.

Gender identity has the meaning given by the Department of Labor’s Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

52.225-18

+2 1current text ↗

Definitions.

As used in this provision—

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except- (1) FPSC 5510, Lumber and Related Basic Wood Materials;

+ Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except-

+ (1) FPSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

52.225-20

+5 2current text ↗

Definitions. As used in this provision-

Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

Marginalized populations of Sudan means- (1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) ( 50 U.S.C. 1701 note); and

+ Marginalized populations of Sudan means-

+ (1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) ( 50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

+ Restricted business operations

+ means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-

+ (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

52.225-23

+18 8current text ↗

material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Designated country means any of the following countries: (1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, North Macedonia, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

+ Designated country means any of the following countries:

+ (1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, North Macedonia, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

⋯ unchanged text omitted

material, a least developed country construction material, or

a Caribbean Basin country construction material.

Domestic construction material means the following: (1) An unmanufactured construction material mined or produced in the United States. (The Buy American statute applies.)

+ Domestic construction material means the following:

+ (1) An unmanufactured construction material mined or produced in the United States. (The Buy American statute applies.)

(2) A manufactured construction material that 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. (Section 1605 of the Recovery Act applies.)

Foreign construction material

means a construction material other than a domestic

construction material.

Free trade agreement (FTA) country construction material means a construction material that- (1) Is wholly the growth, product, or manufacture of an FTA country; or

+ Free trade agreement (FTA) country construction material means a construction material that-

+ (1) Is wholly the growth, product, or manufacture of an FTA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in an FTA country into a new and different construction material distinct from the materials from which it was transformed.

Least developed country construction material means a construction material that- (1) Is wholly the growth, product, or manufacture of a least developed country; or

+ Least developed country construction material means a construction material that-

+ (1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

Manufactured construction

⋯ unchanged text omitted

country other than the United States or a designated

country.

Recovery Act designated country means any of the following countries: (1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

+ Recovery Act designated country means any of the following countries:

+ (1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

(2) A Free Trade Agreement country (FTA) (Australia, Bahrain, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore); or

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia).

⋯ unchanged text omitted

United States means the 50

States, the District of Columbia, and outlying areas.

Unmanufactured construction material means raw material brought to the construction site for incorporation into the building or work that has not been- (1) Processed into a specific form and shape; or

+ Unmanufactured construction material means raw material brought to the construction site for incorporation into the building or work that has not been-

+ (1) Processed into a specific form and shape; or

(2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials.

WTO GPA country construction material means a construction material that- (1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

+ WTO GPA country construction material means a construction material that-

+ (1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b)

⋯ unchanged text omitted

Construction Materials Cost Comparison

Construction Material

DescriptionUnit of MeasureQuantityCost (Dollars)*

+ Description

+ Unit of Measure

+ Quantity

+ Cost (Dollars)*

Item 1:

Foreign construction

52.227-11

+2 1current text ↗

As used in this clause-

Invention means any invention or discovery that is or may be patentable or otherwise protectable under title 35 of the U.S. Code, or any variety of plant that is or may be protectable under the Plant Variety Protection Act (7 U.S.C. 2321, et seq.)

Made means-(1) When used in relation to any invention other than a plant variety, the conception or first actual reduction to practice of the invention; or

+ Made means-

+ (1) When used in relation to any invention other than a plant variety, the conception or first actual reduction to practice of the invention; or

(2) When used in relation to a plant variety, that the Contractor has at least tentatively determined that the variety has been reproduced with recognized characteristics.

Nonprofit organization means a university or other institution of higher education or an organization of the type described in section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)) and exempt from taxation under section 501(a) of the Internal Revenue Code (26 U.S.C. 501(a)), or any nonprofit scientific or educational organization qualified under a State nonprofit organization statute.

52.227-14

+2 1current text ↗

Definitions. As used in this clause-

Computer database or "database means" a collection of recorded information in a form capable of, and for the purpose of, being stored in, processed, and operated on by a computer. The term does not include computer software.

Computer software- (1) Means

+ Computer software-

+ (1) Means

(i) Computer programs that comprise a series of instructions, rules, routines, or statements, regardless of the media in which recorded, that allow or cause a computer to perform a specific operation or series of operations; and

(ii) Recorded information comprising source code listings, design details, algorithms, processes, flow charts, formulas, and related material that would enable the computer program to be produced, created, or compiled.

52.227-20

+2 1current text ↗

Definitions. As used in this clause-

Computer database or "database" means a collection of recorded information in a form capable of, and for the purpose of, being stored in, processed, and operated on by a computer. The term does not include computer software.

Computer software- (1) Means.

+ Computer software-

+ (1) Means.

(i) Computer programs that comprise a series of instructions, rules, routines, or statements, regardless of the media in which recorded, that allow or cause a computer to perform a specific operation or series of operations; and

(ii) Recorded information comprising source code listings, design details, algorithms, processes, flow charts, formulas, and related material that would enable the computer program to be produced, created, or compiled.

52.232-22

+2 1current text ↗

52.232-22 Limitation of Funds.

As prescribed in 32.706-2(b), insert the following clause. The 60-day period may be varied from 30 to 90 days and the 75 percent from 75 to 85 percent. "Task Order" or other appropriate designation may be substituted for "Schedule" wherever that word appears in the clause:

+ As prescribed in

+ 32.706-2(b), insert the following clause. The 60-day period may be varied from 30 to 90 days and the 75 percent from 75 to 85 percent. "Task Order" or other appropriate designation may be substituted for "Schedule" wherever that word appears in the clause:

Limitation of Funds (Apr 1984)

(a) The parties estimate that performance of this contract will not cost the Government more than (1) the estimated cost specified in the Schedule or, (2)if this is a cost-sharing contract, the Government’s share of the estimated cost specified in the Schedule. The Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within the estimated cost, which, if this is a cost-sharing contract, includes both the Government’s and the Contractor’s share of the cost.

52.242-3

+4 2current text ↗

the following clause:

Penalties for Unallowable Costs (Dec 2022)

(a) Definition.

Proposal, as used in this clause, means either— (1) A final indirect cost rate proposal submitted by the Contractor after the expiration of its fiscal year which-

+ (a)

+ Definition.

+ Proposal, as used in this clause, means either—

+ (1) A final indirect cost rate proposal submitted by the Contractor after the expiration of its fiscal year which-

(i) Relates to any payment made on the basis of billing rates; or

(ii) Will be used in negotiating the final contract price; or

52.245-1

+8 4current text ↗

Cannibalize means to remove parts from Government property for use or for installation on other Government property.

Contractor-acquired property means property acquired, fabricated, or otherwise provided by the Contractor for performing a contract, and to which the Government has title.

Contractor inventory means- (1) Any property acquired by and in the possession of a Contractor or subcontractor under a contract for which title is vested in the Government and which exceeds the amounts needed to complete full performance under the entire contract;

+ Contractor inventory means-

+ (1) Any property acquired by and in the possession of a Contractor or subcontractor under a contract for which title is vested in the Government and which exceeds the amounts needed to complete full performance under the entire contract;

(2) Any property that the Government is obligated or has the option to take over under any type of contract, e.g., as a result either of any changes in the specifications or plans thereunder or of the termination of the contract (or subcontract thereunder), before completion of the work, for the convenience or at the option of the Government; and

(3) Government-furnished property that exceeds the amounts needed to complete full performance under the entire contract.

Contractor’s managerial personnel means the Contractor’s directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of- (1) All or substantially all of the Contractor’s business;

+ Contractor’s managerial personnel means the Contractor’s directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of-

+ (1) All or substantially all of the Contractor’s business;

(2) All or substantially all of the Contractor’s operation at any one plant or separate location; or

(3) A separate and complete major industrial operation.

⋯ unchanged text omitted

Government-furnished property means property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

Government property means all property owned or leased by the Government. Government property includes both Government- furnished and Contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.

Loss of Government property means unintended, unforeseen or accidental loss, damage or destruction to Government property that reduces the Government’s expected economic benefits of the property. Loss of Government property does not include purposeful destructive testing, obsolescence, normal wear and tear or manufacturing defects. Loss of Government property includes, but is not limited to- (1) Items that cannot be found after a reasonable search;

+ Loss of Government property means unintended, unforeseen or accidental loss, damage or destruction to Government property that reduces the Government’s expected economic benefits of the property. Loss of Government property does not include purposeful destructive testing, obsolescence, normal wear and tear or manufacturing defects. Loss of Government property includes, but is not limited to-

+ (1) Items that cannot be found after a reasonable search;

(2) Theft;

(3) Damage resulting in unexpected harm to property requiring repair to restore the item to usable condition; or

⋯ unchanged text omitted

Real property See Federal Management Regulation 102-71.20 (41 CFR 102-71.20).

Sensitive property means property potentially dangerous to the public safety or security if stolen, lost, or misplaced, or that shall be subject to exceptional physical security, protection, control, and accountability. Examples include weapons, ammunition, explosives, controlled substances, radioactive materials, hazardous materials or wastes, or precious metals.

Unit acquisition cost means- (1) For Government-furnished property, the dollar value assigned by the Government and identified in the contract; and

+ Unit acquisition cost means-

+ (1) For Government-furnished property, the dollar value assigned by the Government and identified in the contract; and

(2) For contractor-acquired property, the cost derived from the Contractor’s records that reflect consistently applied generally accepted accounting principles.

(b)

52.246-3

+2 1current text ↗

(a)

Definitions. As used in this clause-

Contractor’s managerial personnel means any of the Contractor’s directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of- (1) All or substantially all of the Contractor’s business;

+ Contractor’s managerial personnel means any of the Contractor’s directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of-

+ (1) All or substantially all of the Contractor’s business;

(2) All or substantially all of the Contractor’s operation at a plant or separate location where the contract is being performed; or

(3) A separate and complete major industrial operation connected with performing this contract.

52.246-6

+2 1current text ↗

(a)

Definitions. As used in this clause-

Contractor’s managerial personnel means any of the Contractor’s directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of- (1) All or substantially all of the Contractor’s business;

+ Contractor’s managerial personnel means any of the Contractor’s directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of-

+ (1) All or substantially all of the Contractor’s business;

(2) All or substantially all of the Contractor’s operation at any one plant or separate location where the contract is being performed; or

(3) A separate and complete major industrial operation connected with the performance of this contract.

52.250-3

+2 1current text ↗

(a)

Definitions. As used in this provision-

Act of terrorism means any act determined to have met the following requirements or such other requirements as defined and specified by the Secretary of Homeland Security: (1) Is unlawful.

+ Act of terrorism means any act determined to have met the following requirements or such other requirements as defined and specified by the Secretary of Homeland Security:

+ (1) Is unlawful.

(2) Causes harm, including financial harm, to a person, property, or entity, in the United States, or in the case of a domestic United States air carrier or a United States-flag vessel (or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), in or outside the United States.

(3) Uses or attempts to use instrumentalities, weapons or other methods designed or intended to cause mass destruction, injury or other loss to citizens or institutions of the United States.

52.250-4

+2 1current text ↗

(a)

Definitions. As used in this provision-

Act of terrorism means any act determined to have met the following requirements or such other requirements as defined and specified by the Secretary of Homeland Security: (1) Is unlawful.

+ Act of terrorism means any act determined to have met the following requirements or such other requirements as defined and specified by the Secretary of Homeland Security:

+ (1) Is unlawful.

(2) Causes harm, including financial harm, to a person, property, or entity, in the United States, or in the case of a domestic United States air carrier or a United States-flag vessel (or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), in or outside the United States.

(3) Uses or attempts to use instrumentalities, weapons or other methods designed or intended to cause mass destruction, injury or other loss to citizens or institutions of the United States.

52.250-5

+2 1current text ↗

(a)

Definitions. As used in this clause-

Act of terrorism means any act determined to have met the following requirements or such other requirements as defined and specified by the Secretary of Homeland Security: (1) Is unlawful.

+ Act of terrorism means any act determined to have met the following requirements or such other requirements as defined and specified by the Secretary of Homeland Security:

+ (1) Is unlawful.

(2) Causes harm, including financial harm, to a person, property, or entity, in the United States, or in the case of a domestic United States air carrier or a United States-flag vessel (or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), in or outside the United States.

(3) Uses or attempts to use instrumentalities, weapons or other methods designed or intended to cause mass destruction, injury or other loss to citizens or institutions of the United States.

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