Contiguous United States (CONUS) means the 48 contiguous States and the District of Columbia.

Customs territory of the United States means the 50 States, the District of Columbia, and Puerto Rico.

( printed page 39231)

Outlying areas means—

(1) Commonwealths. (i) Puerto Rico.

(ii) The Northern Mariana Islands;

(2) Territories. (i) American Samoa.

(ii) Guam.

(iii) U.S. Virgin Islands; and

(3) Minor outlying islands. (i) Baker Island.

(ii) Howland Island.

(iii) Jarvis Island.

(iv) Johnston Atoll.

(v) Kingman Reef.

(vi) Midway Islands.

(vii) Navassa Island.

(viii) Palmyra Atoll.

(ix) Wake Atoll.

3. Amend section 3.303 in paragraph (e) by removing the comma after the word “States” and adding “and its outlying areas,” in its place.

4. Amend section 3.801 by revising the definition “State” to read as follows:

State, as used in this section, means a State of the United States, the District of Columbia, an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

(b) Insert the provision at 52.204-5, Women-Owned Business(Other Than Small Business), in solicitations that—

(1) Are not set aside for small business concerns;

(2) Exceed the simplified acquisition threshold; and

(3) Are for contracts that will be performed in the United States or its outlying areas.

(a) * * *

(12) The proposed contract action is by a Defense agency and the proposed contract action will be made and performed outside the United States and its outlying areas, and only local sources will be solicited. * * *

7. Amend section 5.303 in the first sentence of the introductory text of paragraph (a) by removing “shall” and adding “must” in its place; in paragraph (a)(2) by removing “or its possessions” and adding “and its outlying areas” in its place; and in the sentence following(a)(3) by removing “shall” and adding “must” in its place.

(b) * * *

(1) * * *

(v) Create or maintain the required domestic capability for production of critical supplies by limiting competition to items manufactured in—

(A) The United States or its outlying areas; or

(B) The United States, its outlying areas, or Canada.

9. Amend section 6.401 in the first sentence of paragraph(b)(2) by removing “, its possessions, or Puerto Rico” and adding in its place “and its outlying areas”.

10. Amend section 8.1100 by adding “and its outlying areas” to the end of the last sentence.

11. Amend section 8.1104 in the introductory text by removing “The contracting officer shall insert” and adding in its place “Insert”; and in paragraph (d) by removing “(see 41 CFR 101-38.6)” and adding in its place “(see 41 CFR 101-38.2)”.

12. Amend section 9.102 in paragraph (a)(1) by removing “, its possessions, or Puerto Rico” and adding in its place “or its outlying areas”.

13. Amend section 9.406-2 by—

a. Adding an introductory paragraph;

b. Revising the introductory text of paragraph (a) and paragraph (a)(4);

c. Revising the introductory text of paragraph (b)(1) and paragraph (b)(1)(iii);

d. Removing from paragraph (b)(2) “The debarring official may debar a” and adding in its place “A”; and

e. Revising paragraph (c) to read as follows:

The debarring official may debar—

(a) A contractor for a conviction of or civil judgment for—

(4) Intentionally affixing a label bearing a “Made in America” inscription (or any inscription having the same meaning) to a product sold in or shipped to the United States or its outlying areas, when the product was not made in the United States or its outlying areas (see Section 202 of the Defense Production Act (Pub. L. 102-558)); or

(b)(1) A contractor, based upon a preponderance of the evidence, for—

(iii) Intentionally affixing a label bearing a “Made in America” inscription (or any inscription having the same meaning) to a product sold in or shipped to the United States or its outlying areas, when the product was not made in the United States or its outlying areas (see Section 202 of the Defense Production Act (Pub. L. 102-558)).

(c) A contractor or subcontractor based on any other cause of so serious or compelling a nature that it affects the present responsibility of the contractor or subcontractor.

14. Amend section 9.407-2 by revising paragraph (a)(5) to read as follows:

(a) * * *

(5) Intentionally affixing a label bearing a “Made in America” inscription (or any inscription having the same meaning) to a product sold in or shipped to the United States or its outlying areas, when the product was not made in the United States or its outlying areas (see Section 202 of the Defense Production Act (Pub. L. 102-558));

Invitations for bids or presolicitation notices must be transmitted as specified in 14.205 and must be provided to others in accordance with 5.102. When a contracting office is located in the United States, any solicitation sent to a prospective bidder located outside the United States must be sent by electronic data interchange or air mail if security classification permits.

(b) This part, except for subpart 19.6, applies only in the United States or its outlying areas. Subpart 19.6 applies worldwide.

17. Amend section 19.001 by revising the definition “Concern” to read as follows:

Concern means any business entity organized for profit(even if its ownership is in the hands of a nonprofit entity) with a place of business located in the United States or its outlying areas and that makes a significant contribution to the U.S. economy through payment of taxes and/or use of American products, material and/or labor, etc.“Concern” includes but is not limited to an individual, partnership, corporation, joint venture, association, or cooperative. For the purpose of making affiliation findings(see 19.101), include any business entity, whether organized for profit or not, and any foreign business entity, i.e., any entity located outside the United States and its outlying areas.

18. In section 19.101, amend the last sentence of the definition “Affiliates” by removing “inside the United States” and adding in its place “in the United States or its outlying areas”.

19. Amend section 19.102 by revising the introductory text of paragraph (f), (f)(1), and (f)(7) to read as follows:

(f) Any concern submitting a bid or offer in its own name, other than on a construction or service contract, that proposes to furnish an end product it did not manufacture (a “nonmanufacturer”), is a small business if it has no more than 500 employees, and—

(1) Except as provided in paragraphs (f)(4) through (f)(7) of this section, in the case of Government acquisitions set-aside for small businesses, furnishes in the performance of the contract, the product of a small business manufacturer or producer. The end product furnished must be manufactured or produced in the United States or its outlying areas. The term “nonmanufacturer” includes a concern that can, but elects not to, manufacture or produce the end product for the specific acquisition. For size determination purposes, there can be only one manufacturer of the end product being acquired. The manufacturer of the end product being acquired is the concern that, with its own forces, transforms inorganic or organic substances including raw materials and/or miscellaneous parts or components into the end product. However, see the limitations on subcontracting at 52.219-14 that apply to any small business offeror other than a nonmanufacturer for purposes of set-asides and 8(a) awards.

(7) The SBA provides for an exception to the nonmanufacturer rule if—

(i) The procurement of a manufactured end product processed under the procedures set forth in part 13—

(A) Is set aside for small business; and

(B) Is not anticipated to exceed $25,000; and

(ii) The offeror supplies an end product that is manufactured or produced in the United States or its outlying areas.

20. Amend section 19.307 by revising paragraphs (a)(1) and (c) to read as follows:

(a)(1) Insert the provision at 52.219-1, Small Business Program Representations, in solicitations exceeding the micro-purchase threshold when the contract will be performed in the United States or its outlying areas.

(c) When contracting by sealed bidding, insert the provision at 52.219-2, Equal Low Bids, in solicitations and contracts when the contract will be performed in the United States or its outlying areas.

21. Amend section 19.702 by revising paragraph (b)(3) to read as follows:

(b) * * *

(3) For contracts or contract modifications that will be performed entirely outside of the United States and its outlying areas; or

22. Amend section 19.708 by—

a. Revising the introductory text of paragraph (a) and(a)(2);

b. Removing from the first sentence of paragraph (b)(1) the words “The contracting officer shall, when contracting by negotiation, insert” and adding “Insert” in its place; and

c. Removing from paragraph (b)(2) “The contracting officer shall insert” and adding “Insert” in its place.The revised text reads as follows:

(a) Insert the clause at 52.219-8, Utilization of Small Business Concerns, in solicitations and contracts when the contract amount is expected to exceed the simplified acquisition threshold unless—

(2) The contract, together with all of its subcontracts, will be performed entirely outside of the United States and its outlying areas.

23. Amend section 19.1202-2 by revising paragraph (b)(4) to read as follows:

(b) * * *

(4) Contract actions that will be performed entirely outside of the United States and its outlying areas.

24. Amend section 22.102-2 in the first sentence of paragraph (b) by adding “U.S.” before the word “Virgin”.

25. Amend section 22.103-1 by revising the introductory text of the definition “Normal workweek” to read as follows:

Normal workweek, as used in this subpart, means, generally, a workweek of 40 hours. Outside the United States and its outlying areas, a workweek longer than 40 hours is considered normal if—

26. Amend section 22.202 by revising the introductory paragraph to read as follows:

( printed page 39233)

Insert the clause at 52.222-3, Convict Labor, in solicitations and contracts above the micro-purchase threshold, when the contract will be performed in the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands; unless—

27. Revise section 22.305 to read as follows:

Insert the clause at 52.222-4, Contract Work Hours and Safety Standards Act—Overtime Compensation, in solicitations and contracts (including, for this purpose, basic ordering agreements) when the contract may require or involve the employment of laborers or mechanics. However, do not include the clause in solicitations and contracts—

(a) Valued at or below the simplified acquisition threshold;

(b) For commercial items;

(c) For transportation or the transmission of intelligence;

(d) To be performed outside the United States, Puerto Rico, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and Outer Continental Shelf lands as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331) (29 CFR 5.15);

(e) For work to be done solely in accordance with the Walsh-Healey Public Contracts Act (see subpart 22.6);

(f) For supplies that include incidental services that do not require substantial employment of laborers or mechanics; or

(g) Exempt under regulations of the Secretary of Labor (29 CFR 5.15).

28. Revise section 22.603 to read as follows:

The requirements in 22.602 apply to contracts (including for this purpose, indefinite-delivery contracts, basic ordering agreements, and blanket purchase agreements) and subcontracts under Section 8(a) of the Small Business Act, for the manufacture or furnishing of supplies that—

(a) Will be performed in the United States, Puerto Rico, or the U.S. Virgin Islands;

(b) Exceed or may exceed $10,000; and

(c) Are not exempt under 22.604.

29. Amend section 22.604-2 by revising paragraph (a)(2) to read as follows:

(a) * * *

(2) Supplies manufactured outside the United States, Puerto Rico, and the U.S. Virgin Islands.

30. Amend section 22.801 by revising the definition “United States” to read as follows:

United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

31. Amend section 22.1001 by revising the definition “United States” to read as follows:

United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and Outer Continental Shelf lands as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.), but does not include any other place subject to U.S. jurisdiction or any U.S. base or possession in a foreign country (29 CFR 4.112).

32. Amend section 22.1408 by revising the introductory text of paragraph (a) and (a)(1) to read as follows:

(a) Insert the clause at 52.222-36, Affirmative Action for Workers with Disabilities, in solicitations and contracts that exceed or are expected to exceed $10,000, except when—

(1) Both the performance of the work and the recruitment of workers will occur outside the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island; or

This subpart applies to contracts, including contracts with 8(a) contractors under FAR subpart 19.8 and modifications that require a justification and approval (see subpart 6.3), except contracts—

(a) At or below the simplified acquisition threshold; however, the requirements of this subpart apply to all contracts of any value awarded to an individual;

(b) For the acquisition of commercial items (see Part 12);

(c) Performed outside the United States and its outlying areas or any part of a contract performed outside the United States and its outlying areas;

(d) By law enforcement agencies, if the head of the law enforcement agency or designee involved determines that application of this subpart would be inappropriate in connection with the law enforcement agency's undercover operations; or

34. Revise section 23.505 to read as follows:

Except as provided in 23.501, insert the clause at 52.223-6, Drug-Free Workplace, in solicitations and contracts.

35. Amend section 23.804 by revising the introductory paragraph; and in paragraph (a) by removing the period at the end of the paragraph and inserting “; or” in its place. The revised text reads as follows:

Except for contracts that will be performed outside the United States and its outlying areas, insert the clause at—

36. Amend section 23.903 by revising paragraph (b)(2) to read as follows:

(b) * * *

(2) Contractor facilities located outside the United States and its outlying areas.

37. Amend section 23.906 by revising paragraph (a)(2)(v) to read as follows:

(a) * * *

(2) * * *

(v) Are not located in the United States and its outlying areas.

38. Revise section 23.1002 to read as follows:

The requirements of this subpart apply to facilities owned or operated by an agency in the customs territory of the United States.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) This subpart does not pertain to contracts performed entirely outside the United States and its outlying areas.

41. Amend section 28.202 in paragraph (a)(1) by removing “, its possessions, or Puerto Rico” and adding “or its outlying areas” in its place.

42. Amend section 28.203-2 by revising the first sentence of paragraph (b)(4) and paragraph (c)(3)(i) to read as follows:

(b) * * *

(4) Real property owned in fee simple by the surety without any form of concurrent ownership, except as provided in paragraph (c)(3)(iii) of this subsection, and located in the United States or its outlying areas. * * *

(c) * * *

(3) * * *

(i) Real property located outside the United States and its outlying areas.

43. Amend section 28.301—

a. In the introductory paragraph by removing “shall be required to” and adding “must” in its place; and

b. In the third sentence of paragraph (b) by removing “, its possessions, and Puerto Rico” and adding “and its outlying areas” in its place; and in the fourth sentence by removing “shall” and adding “must” in its place.

44. Amend section 28.310 by revising the introductory text of paragraph (a) and paragraph (a)(2) to read as follows:

(a) Insert the clause at 52.228-5, Insurance—Work on a Government Installation, in solicitations and contracts if a fixed-price contract is contemplated, the contract amount is expected to exceed the simplified acquisition threshold, and the contract will require work on a Government installation, unless—

(2) All work on the Government installation will be performed outside the United States and its outlying areas.

(b) Shipment for export to a foreign country or an outlying area of the United States. Shipment must occur within 6 months of the time title passes to the Government. When the exemption is claimed, the words “for export” must appear on the contract or purchase document, and the contracting officer must furnish the seller proof of export (see 26 CFR 48.4221-3).

46. Revise section 29.401-1 to read as follows:

Insert the clause at 52.229-1, State and Local Taxes, in solicitations and contracts for leased equipment when—

(a) A fixed-price indefinite-delivery contract is contemplated;

(b) The contract will be performed wholly or partly in the United States or its outlying areas; and

(c) The place or places of delivery are not known at the time of contracting.

47. Revise sections 29.401-3, 29.401-4, and 29.401-5 to read as follows:

Insert the clause at 52.229-3, Federal, State, and Local Taxes, in solicitations and contracts if the anticipated contract will be a fixed-price contract exceeding the simplified acquisition threshold and performed wholly or partly in the United States or its outlying areas, unless the clause at 52.229-4, Federal, State, and Local Taxes (Noncompetitive Contract), is included in the contract.

Insert the clause at 52.229-4, Federal, State, and Local Taxes (Noncompetitive Contract), in fixed-price noncompetitive contracts when the contract exceeds the simplified acquisition threshold and will be performed wholly or partly in the United States or its outlying areas when satisfied that the contract price does not include contingencies for State and local taxes, and that, unless the clause is used, the contract price will include such contingencies.

Insert the clause at 52.229-5, Taxes—Contracts Performed in U.S. Outlying Areas, in solicitations and contracts that include the clause at 52.229-3, Federal, State, and Local Taxes, or 52.229-4, Federal, State, and Local Taxes (Noncompetitive Contract).

48. Amend section 31.205-46 in paragraph (a)(2)(i) by removing “conterminous 48” and adding “contiguous” in its place; and in (a)(2)(ii) by removing “The Commonwealth of Puerto Rico, and territories and possessions” and adding “and outlying areas” in its place.

(d)(1) Vesting title under paragraph (b) of this section is subject to civil rights legislation, 42 U.S.C. 2000d. Before vesting title, the contractor must agree that no person in the United States or its outlying areas will be denied, on the ground of race, color, or national origin, be excluded from participation in, the benefits of, or be otherwise subjected to discrimination under this contemplated financial assistance (title to equipment).

(a) The contracting officer must use sealed bid procedures for a construction contract if the conditions in 6.401(a) apply, unless the contract will be performed outside the United States and its outlying areas. (See 6.401(b)(2).)

51. Revise section 36.609-4 to read as follows:

Insert the clause at 52.236-25, Requirements for Registration of Designers, in architect-engineer ( printed page 39235) contracts, except that it may be omitted when the design will be performed—

(a) Outside the United States and its outlying areas; or

(b) In a State or outlying area of the United States that does not have registration requirements for the particular field involved.

52. Amend section 36.702 by revising paragraph (a) to read as follows:

(a) Contracting officers must use Standard Form 252, Architect-Engineer Contract, to award fixed-price contracts for architect-engineer services when the services will be performed in the United States or its outlying areas.

(c)(1) When a contractor uses its own label to ship to a post office servicing military and other agency consignees outside the customs territory of the United States, the contractor must stamp or imprint the parcel immediately above the label in 1/4 -inch block letters with the—

(i) Name of the agency; and

(ii) Words “Official Mail—Contents for Official Use—Exempt from Customs Requirements.”

(2) This marking permits identification and expedites handling within the postal system, but the contractor must pay postage if—

(i) Required by the contract; or

(ii) The contract provides for reimbursement for the cost of postage.

54. Amend section 47.001 by removing the definition “ CONUS or Continental United States ”.

55. Amend section 47.304-1 in paragraphs (g)(1) and (g)(2) by removing “the continental United States” and adding “CONUS” in their place.

56. Amend section 47.304-3 in the introductory text of paragraph (a) by removing “the United States” and adding “CONUS” in its place.

57. Amend section 47.401 by revising the definitions “United States” and “U.S.-flag air carrier” to read as follows:

United States means the 50 States, the District of Columbia, and outlying areas of the United States.

U.S.-flag air carrier means an air carrier holding a certificate under section 401 of the Federal Aviation Act of 1958 (49 U.S.C. 41102).

58. Revise section 47.402 to read as follows:

Federal employees and their dependents, consultants, contractors, grantees, and others must use U.S.-flag air carriers for U.S. Government-financed international air travel and transportation of their personal effects or property, if available (Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act)).

LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (DATE)

(a) * * *

State, as used in this clause, means a State of the United States, the District of Columbia, or an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

60. Amend section 52.212-3 by revising the date of the provision, the introductory text of paragraph (c), (f)(1), and (g)(1)(i) to read as follows:

OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (DATE)

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(f) * * *

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. The terms “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act—Balance of Payments Program—Supplies.”

(g)(1) * * *

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act—North American Free Trade Agreement—Israeli Trade Act—Balance of Payments Program.”

61. Amend section 52.213-4 by revising the date of the clause, paragraph (b)(1)(i), and the introductory text of paragraph (b)(1)(ix) to read as follows:

TERMS AND CONDITIONS—SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (DATE)

(b) * * *

(1) * * *

(i) 52.222-20, Walsh-Healey Public Contracts Act (Dec 1996) (41 U.S.C. 35-45) (Applies to supply contracts over $10,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(ix) 52.225-1, Buy American Act—Balance of Payments Program—Supplies (Date) (41 U.S.C. 10a-10d) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition—

62. Amend section 52.219-5 by revising the date of the clause, paragraph (c), and Alternate II to read as follows:

( printed page 39236)

VERY SMALL BUSINESS SET-ASIDE (DATE)

(c) Agreement. A very small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas.

(End of clause)

Alternate II (Date). As prescribed in 19.905(b), substitute the following paragraph (c) for paragraph (c) of the basic clause:

(c) Agreement. A very small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by domestic firms in the United States or its outlying areas.

63. Amend section 52.219-6 by revising the date of the clause and paragraph (c) to read as follows:

NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DATE)

(c) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(End of clause)

64. Amend section 52.219-7 by revising the date of the clause and paragraph (c) to read as follows:

NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE (DATE)

(c) Agreement. For the set-aside portion of the acquisition, a small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(End of clause)

65. Amend section 52.219-18 by revising the date of clause and paragraph (d)(1) to read as follows:

NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(a) CONCERNS (DATE)

(d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

66. Amend section 52.219-23 by revising the date of clause; in paragraph (a) by removing the definition “United States”; and by revising paragraph (d)(2) and Alternate I to read as follows:

NOTICE OF PRICE EVALUATION ADJUSTMENT FOR SMALL DISADVANTAGED BUSINESS CONCERNS (DATE)

(d) * * *

(2) A small disadvantaged business concern submitting an offer in its own name shall furnish in performing this contract only end items manufactured or produced by small disadvantaged business concerns in the United States or its outlying areas. This paragraph does not apply to construction or services contracts.

(End of clause)

Alternate I (Date). As prescribed in 19.1104, substitute the following paragraph (d)(2) for paragraph (d)(2) of the basic clause:

(2) A small disadvantaged business concern submitting an offer in its own name shall furnish in performing this contract only end items manufactured or produced by small business concerns in the United States or its outlying areas. This paragraph does not apply to construction or service contracts.

67. Revise section 52.222-3 to read as follows:

As prescribed in 22.202, insert the following clause:

CONVICT LABOR (DATE)

(a) Except as provided in paragraph (b) of this clause, the Contractor shall not employ in the performance of this contract any person undergoing a sentence of imprisonment imposed by any court of a State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands.

(b) The Contractor is not prohibited from employing persons—

(1) On parole or probation to work at paid employment during the term of their sentence;

(2) Who have been pardoned or who have served their terms; or

(3) Confined for violation of the laws of any of the States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands who are authorized to work at paid employment in the community under the laws of such jurisdiction, if—

(i) The worker is paid or is in an approved work training program on a voluntary basis;

(ii) Representatives of local union central bodies or similar labor union organizations have been consulted;

(iii) Such paid employment will not result in the displacement of employed workers, or be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services;

(iv) The rates of pay and other conditions of employment will not be less than those paid or provided for work of a similar nature in the locality in which the work is being performed; and

(v) The Attorney General of the United States has certified that the work-release laws or regulations of the jurisdiction involved are in conformity with the requirements of Executive Order 11755, as amended by Executive Orders 12608 and 12943.

(End of clause)

68. Revise section 52.222-29 to read as follows:

As prescribed in 22.810(g), insert the following clause:

NOTIFICATION OF VISA DENIAL (DATE)

It is a violation of Executive Order 11246 for a Contractor to refuse to employ any applicant or not to assign any person hired in the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, or Wake Island on the basis that the individual's race, color, religion, sex, or national origin is not compatible with the policies of the country where or for whom the work will be performed (41 CFR 60-1.10). The Contractor shall notify the U.S. Department of State, Assistant Secretary, Bureau of Political-Military Affairs (PM), 2201 C Street NW, Room 7325, Washington, DC 20520, and the U.S. Department of Labor, Deputy Assistant Secretary for Federal Contract Compliance, when it is unable to obtain an entry visa for any employee or potential employee to a country where this contract will be performed, and it believes the denial is attributable to the race, color, religion, sex, or national origin of the employee or potential employee.

( printed page 39237)

(End of clause)

69. Amend section 52.223-13 by revising the date of the provision; and by revising paragraph (b)(2)(v) of the provision to read as follows:

CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (DATE)

(b) * * *

(2) * * *

(v) The facility is not located in the United States or its outlying areas.

(End of provision)

70. Amend section 52.223-14 by revising the date of the clause; and by revising the introductory text of paragraph (b) and (b)(5) to read as follows:

TOXIC CHEMICAL RELEASE REPORTING (DATE)

(b) A Contractor-owned or -operated facility used in the performance of this contract is exempt from the requirement to file an annual Form R if—

(5) The facility is not located in the United States or its outlying areas.

71. Amend section 52.225-1 by revising the date of the clause; and in paragraph (a) by revising the definition “United States” to read as follows:

BUY AMERICAN ACT—BALANCE OF PAYMENTS PROGRAM—SUPPLIES (DATE)

(a) * * *

United States means the 50 States, the District of Columbia, and outlying areas.

72. Amend section 52.225-2 by revising the date of the provision and paragraph (a) to read as follows:

BUY AMERICAN ACT—BALANCE OF PAYMENTS PROGRAM CERTIFICATE (DATE)

(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. The terms “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act—Balance of Payments Program—Supplies.”

73. Amend section 52.225-3 by revising the date of the clause; and in paragraph (a) by revising the definition “United States” to read as follows:

BUY AMERICAN ACT—NORTH AMERICAN FREE TRADE AGREEMENT—ISRAELI TRADE ACT—BALANCE OF PAYMENTS PROGRAM (DATE)

(a) * * *

United States means the 50 States, the District of Columbia, and outlying areas.

74. Amend section 52.225-4 by revising the date of the provision and paragraph (a) to read as follows:

BUY AMERICAN ACT—NORTH AMERICAN FREE TRADE AGREEMENT—ISRAELI TRADE ACT—BALANCE OF PAYMENTS PROGRAM CERTIFICATE (DATE)

(a) The offeror certifies that each end product, except those listed in paragraph (b) or (c) of this provision, is a domestic end product and that the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act— North American Free Trade Agreement—Israeli Trade Act— Balance of Payments Program—Supplies.”

75. Amend section 52.225-5 by revising the date of the clause; and in paragraph (a) by revising the definition “United States” to read as follows:

TRADE AGREEMENTS (DATE)

(a) * * *

United States means the 50 States, the District of Columbia, and outlying areas.

76. Amend section 52.225-9 by revising the date of the clause; and in paragraph (a) by revising the definition “United States” to read as follows:

BUY AMERICAN ACT—BALANCE OF PAYMENTS PROGRAM—CONSTRUCTION MATERIALS (DATE)

(a) * * *

United States means the 50 States, the District of Columbia, and outlying areas.

77. Amend section 52.225-11 by revising the date of the clause; and in paragraph (a) by revising the definition “United States” to read as follows:

BUY AMERICAN ACT—BALANCE OF PAYMENTS PROGRAM—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (DATE)

(a) * * *

United States means the 50 States, the District of Columbia, and outlying areas.

78. Amend section 52.225-13 by revising the date of the clause to read “(Date)”; and in the first sentence of paragraph (a) by adding “and its outlying areas” after the word “States”.

79. Amend section 52.228-3 by revising the introductory paragraph to read as follows:

As prescribed in 28.309(a), insert the following clause:

80. Amend section 52.228-4 by revising the introductory paragraph to read as follows:

81. Amend section 52.229-1 by revising the introductory paragraph to read as follows:

As prescribed in 29.401-1, insert the following clause:

82. Revise the section heading and text of 52.229-5 to read as follows:

As prescribed in 29.401-5, insert the following clause:

( printed page 39238)

TAXES—CONTRACTS PERFORMED IN U.S. OUTLYING AREAS (DATE)

The term “local taxes,” as used in the Federal, State, and local taxes clause of this contract, includes taxes imposed by an outlying area of the United States.

(End of clause)

83. Amend section 52.229-6 by—

a. Revising the date of the clause;

b. Removing paragraph (a);

c. Redesignating paragraph (b) as paragraph (a) and adding introductory text;

d. Removing “, as used in this clause,” from the definition “Contract date” in newly designated paragraph (a);

e. Revising the definition “Country concerned”;

f. Removing “, as used in this clause,” from the definitions “ Tax ” and “ taxes ”, “All applicable taxes and duties”, “After-imposed tax”, “After-relieved tax”, and “Excepted tax”; and

g. Adding a new paragraph (b) to read as follows:

TAXES—FOREIGN FIXED-PRICE CONTRACTS (DATE)

(a) Definitions. As used in this clause:

Country concerned means any country, other than the United States and its outlying areas, in which expenditures under this contract are made.

(b) To the extent that this contract provides for furnishing supplies or performing services outside the United States and its outlying areas, this clause applies in lieu of any Federal, State, and local taxes clause of the contract.

84. Revise section 52.236-25 to read as follows:

As prescribed in 36.609-4, insert the following clause:

REQUIREMENTS FOR REGISTRATION OF DESIGNERS (DATE)

Architects or engineers registered to practice in the particular professional field involved in a State, the District of Columbia, or an outlying area of the United States shall prepare or review and approve the design of architectural, structural, mechanical, electrical, civil, or other engineering features of the work.

(End of clause)

85. Revise section 52.242-12 to read as follows:

As prescribed in 42.1406-2, insert the following clause:

REPORT OF SHIPMENT (REPSHIP) (DATE)

(a) Definition. Domestic destination, as used in this clause, means—

(1) A destination within the contiguous United States; or

(2) If shipment originates in Alaska or Hawaii, a destination in Alaska or Hawaii, respectively.

(b) Unless otherwise directed by the Contracting Officer, the Contractor shall—

(1) Send a prepaid notice of shipment to the consignee transportation officer—

(i) For all shipments of—

(A) Classified material, protected sensitive, and protected controlled material;

(B) Explosives and poisons, classes A and B;

(C) Radioactive materials requiring the use of a III bar label; or

(ii) When a truckload/carload shipment of supplies weighing 20,000 pounds or more, or a shipment of less weight that occupies the full visible capacity of a railway car or motor vehicle, is given to any carrier (common, contract or private) for transportation to a domestic destination (other than a port for export);

(2) Transmit the notice by rapid means to be received by the consignee transportation officer at least 24 hours before the arrival of the shipment; and

(3) Send, to the receiving transportation officer, the Government bill of lading, commercial bill of lading or letter or other document containing the following information and prominently identified as a “Report of Shipment” or “REPSHIP FOR T.O.”

Message Example:

REPSHIP FOR T.O. 81 JUN 01

TRANSPORTATION OFFICER

DEFENSE DEPOT, MEMPHIS, TENN.

SHIPPED YOUR DEPOT 1981 JUN 1 540 CTNS MENS COTTON TROUSERS, 30,240 LB, 1782 CUBE, VIA XX-YY*

IN CAR NO. XX 123456* * -GBL* * * -C98000031 * * * * CONTRACT DLA___

ETA* * * * * -JUNE 5 JONES & CO., JERSEY CITY, N.J.

* Name of rail carrier, trucker, or other carrier.

* * Vehicle identification.

* * * Government bill of lading.

* * * * If not shipped by GBL, identify lading document and state whether paid by contractor.

* * * * * Estimated time of arrival.

(End of clause)

86. Revise section 52.247-47 to read as follows:

As prescribed in 47.305-3(f)(2), insert the following provision. When it is appropriate to use methods other than land transportation in evaluating offers; e.g., air, pipeline, barge, or ocean tanker, modify the provision accordingly.

EVALUATION—F.O.B. ORIGIN (DATE)

(a) The Government normally uses land methods of transportation by regulated common carrier for shipment within the contiguous United States.

(b) To evaluate offers, the Government will consider only these methods to establish the cost of transportation between offeror's shipping point and destination (tentative or firm, whichever is applicable) in the contiguous United States.

(c) This transportation cost will be added to the offer price to determine the Government's overall cost.

(d) When tentative destinations are indicated, the Government will use them only for evaluation purposes. The Government has the right to use any other means of transportation or any other destination at the time of shipment.

(End of provision)

87. Amend section 52.247-55 by revising the introductory paragraph, the date of the clause, and paragraphs (a) and

(b) of the clause to read as follows:

As prescribed in 47.305-12(a)(2), insert the following clause:

F.O.B. POINT FOR DELIVERY OF GOVERNMENT-FURNISHED PROPERTY (DATE)

(a) Unless otherwise specified in this solicitation, the Government will deliver any Government-furnished property for use within the contiguous United States or Canada to a point specified by the Contractor in the offer. If the Government makes delivery by railroad, the f.o.b. point will be private siding, Contractor's plant. If the Contractor's plant is not served by rail, the f.o.b. point will be railroad cars in the same or nearest city having rail service. The Government may choose the mode of transportation and the carriers and will bear the cost of all line-haul transportation to the specified destination.

(b) If the destination of the Government-furnished property is a Contractor's plant located outside the contiguous United States or Canada, the f.o.b. point for Government delivery of Government-furnished property will be a Contractor specified location in the contiguous United States. If the Contractor fails to name a point, the Government will select as the f.o.b. point the port city in the contiguous United States nearest to the Government-furnished property that has regular commercial water transportation services to the offshore port nearest the Contractor's plant.

88. Amend section 52.247-63 by revising the date of the clause and paragraphs (a) and (c) to read as follows:

PREFERENCE FOR U.S.-FLAG AIR CARRIERS (DATE)

(a) Definitions. As used in this clause— ( printed page 39239)

International air transportation means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States.

United States means the 50 States, the District of Columbia, and outlying areas.

U.S.-flag air carrier means an air carrier holding a certificate under 49 U.S.C. Chapter 411.

(c) If available, the Contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property.

89. Amend section 53.219 in paragraphs (a) and (b) by removing “( Rev. 12/98)” and adding “( Rev. Date)” in their place.

90. Amend section 53.228 in paragraph (e) by removing “( Rev. 6/96)” and adding “( Rev. Date)” in its place.

91. Revise section 53.301-28 to read as follows:

[Insert SF 28 here (front and back)]

92. Revise section 53.301-294 to read as follows:

[Insert SF 294 here (front and back)]

93. Revise section 53.301-295 to read as follows:

[Insert SF 295 here (front and back)]

( printed page 39240)

( printed page 39241)

( printed page 39242)

( printed page 39243)

( printed page 39244)

( printed page 39245)