List of Sections Affected

FAC 2024-05 May 22, 2024
SectionDescription of ChangeCase Number
1.106

In section 1.106, amend the table by—

a. Removing the entry for FAR segment “52.223-6(b)(5); and

b. Adding in numerical order an entry for “52.226-7”.

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1.106

Amend section 1.106 by revising the table.

Technical Amendment
1.401 (c) in the definition of "Deviation"

Amend section 1.401, in paragraph (c), by removing “2.101(a)” and adding “2.101” in its place.

Technical Amendment
2.101 (a) in the definition of "Biobased product",(a) in the definition of "Conviction"2.101 Definitions.,(a) in the definition of "Energy savings performance contract",(a) in the definition of "Environmentally preferable",(a) in the definition of "Recovered material",(a) in the definition of "Sustainable acquisition"2.101 Definitions.,(a) in the definition of "Sustainable products and services" and (9) in the definition of "United States"

Amend section 2.101 by—

a. Revising the definition of “Biobased product”;

b. In the definition of “Conviction”, removing “23.5” and “23.503” and adding “26.5” and “26.503” in their place, respectively;

c. Removing the definition of “Energy-savings performance contract” and adding the definition of “ Energy savings performance contract” in its place;

d. Revising the definition of “Environmentally preferable”; e. Removing the definitions of “Global warming potential”, “High global warming potential hydrofluorocarbons”, and “Hydrofluorocarbons”;

f. Revising the definition of “Recovered material”;

g. Removing the definitions of “Renewable energy” and “Renewable energy technology”;

i. Adding in alphabetic order the definition of “Sustainable products and services”;

j. In the definition of “United States”, revising paragraph (9); and k. Removing the definition “Water consumption intensity”.

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Subpart 4.3 [Removed and Reserved]

Remove and reserve subpart 4.3.

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4.602 (a)(3)

Amend section 4.602 by removing from paragraph (a)(3) the words “products, and high-performance” and adding the words “products, services, and high-performance” in its place.

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4.1202 (a)(25)

Amend section 4.1202 by removing paragraph (a)(25) and redesignating paragraphs (a)(26) through (34) as paragraphs (a)(25) through (33).

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4.1702 (b)

Amend section 4.1702 in paragraph (b) by removing the web address “ https://www.whitehouse.gov/​sites/​whitehouse.gov/​files/​omb/​procurem…; and adding the web address “ https://www.whitehouse.gov/​wp-content/​uploads/​legacy_​drupal_​files/…; in its place.

Technical Amendment
5.207 (c)(11)

Amend section 5.207 by revising paragraph (c)(11).

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5.704 (a)(2)

Amend section 5.704 in paragraph (a)(2) by removing the word “e-Buy” and adding the word “eBuy” in its place.

Technical Amendment
7.103 (p)

Amend section 7.103 by revising paragraph (p).

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7.105 (b)(17)

Amend section 7.105 by revising paragraph (b)(17).

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8.402 (d) 8.402 General. and (d)(2)

Amend section 8.402 by revising paragraphs (d)(1) introductory text and (d)(2)

Technical Amendment
8.404 (c)(2)

Amend section 8.404 in paragraph (c)(2) by removing “2.101(b)” and adding “2.101” in its place.

Technical Amendment
8.405-1 (d)(3)(i) and (e)

Amend section 8.405-1 by removing from paragraphs (d)(3)(i) and (e) the phrase “RFQ on e-Buy” and adding the phrase “RFQ on eBuy” in its place.

Technical Amendment
8.405-2 (c) and (c)(3)(iii)(A)

Amend section 8.405-2 by—

a. Removing from paragraph (c) introductory text the words “Request for Quotation (RFQ)” and “e-Buy” and adding the words “request for quotation (RFQ)” and “eBuy” in their place; and

b. Removing from paragraph (c)(3)(iii)(A) “e-Buy” and adding “eBuy” in its place.

Technical Amendment
8.405-3 (b)(1)(ii)(B), (b)(2)(iii) and (b)(2)(v)(A)

Amend section 8.405-3 by—

a. Removing from paragraph (b)(1)(ii)(B)( 1) the word “e-Buy” and adding the word “eBuy” in its place;

b. In paragraph (b)(2)(iii):

i. Removing from the paragraph heading the word “Quotation” and adding “quotation” in its place;

ii. Removing the word “e-Buy” and adding the word “eBuy” in its place; and

c. Removing from paragraph (b)(2)(v)(A) the word “e-Buy” and adding the word “eBuy” in its place.

Technical Amendment
8.405-6 (b)(3)(i), (b)(3)(ii)(B) and (b)(3)(ii)(C)

Amend section 8.405-6 in paragraph (b) by—

a. Removing from paragraph (b)(3)(i) introductory text “e-Buy ( http://www.ebuy.gsa.gov)” and adding “eBuy ( https://www.ebuy.gsa.gov)” in its place; and

b. Removing from paragraphs (b)(3)(ii)(B) and (C) the word “e-Buy” and adding the word “eBuy” in its place.

Technical Amendment
9.405 (a)

Amend section 9.405 by removing from paragraph (a) “23.506(e)” and adding “26.505(e)” in its place.

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9.406-1 (c)

Amend section 9.406-1 by removing from paragraph (c) “23.506(e)” and adding “26.505(e)” in its place.

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9.406-2 (b)(1)(ii)(A) and (b)(1)(ii)(B)

Amend section 9.406-2 by—

a. In paragraph (b)(1)(ii)(A), removing “52.223-6” and adding “52.226-7” in its place; and

b. In paragraph (b)(1)(ii)(B), removing “23.504” and adding “26.504” in its place.

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9.406-4 (a)(1)(i)

Amend section 9.406-4 by removing from paragraph (a)(1)(i) “23.506” and adding “26.505” in its place.

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9.407-1 (d)

Amend section 9.407-1 by removing from paragraph (d) “23.506(e)” and adding “26.505(e)” in its place.

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9.407-2 (a)(4)(i) and (a)(4)(ii)

Amend section 9.407-2 by—

a. In paragraph (a)(4)(i), removing “52.223-6” and adding “52.226-7” in its place; and

b. In paragraph (a)(4)(ii) “23.504” and adding “26.504” in its place.

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10.001 (a)(3)(v)

Amend section 10.001 by revising paragraph (a)(3)(v).

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11.002 (d)(1), (d)(2), (d)(3)

Amend section 11.002 by revising paragraphs (d)(1) and (d)(2) introductory text and adding paragraph (d)(3).

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11.301

Remove section 11.301. Redesignate section 11.302 as section 11.301.

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11.302

Remove section 11.303. Redesignate section 11.304 as section 11.302.

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12.503 (a)(8)

Amend section 12.503 by removing from paragraph (a)(8) “23.501” and adding “26.501” in its place.

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12.504 (a)(10)

Amend section 12.504 by removing from paragraph (a)(10) “23.5” and adding “26.5” in its place.

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13.006 (f)

Amend section 13.006 by removing from paragraph (f) “52.223-6” and adding “52.226-7” in its place.

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13.201 (f)

Amend section 13.201 by removing from paragraph (f) “subparts 23.1, 23.2, 23.4, and 23.7” and adding “subpart 23.1” in its place.

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15.603 (e)

Amend section 15.603 by removing from paragraph (e) the words “energy-savings” and adding the words “energy savings” in its place.

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16.505 (a)(8)(iii)

Amend section 16.505 in paragraph (a)(8)(iii) by removing “2.101(b)” and adding “2.101” in its place.

Technical Amendment
18.202 18.202 Defense or recovery from certain events.

Amend section 18.202 by adding paragraph (e).

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19.305 (b)

Amend section 19.305 in paragraph (b) by removing the words “Assistant Administrator for SDBCE” and adding the words “Associate Administrator for Business Development (AA/BD)” in its place.

Technical Amendment
19.507 (h)(1)

Amend section 19.507 in paragraph (h)(1) introductory text by removing the phrase “contracts (including multiple-award contracts when” and adding “contracts, including multiple-award contracts, when” in its place.

Technical Amendment
Part 23

Revise the heading for part 23.

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23.000

Revise section 23.000.

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23.001 in the definition of "

Amend section 23.001 by— a. Removing the definition of “Greenhouse gases” and adding the definition of “Greenhouse gas” in its place; and b. Removing the definition of “United States”.

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23.002

Revise section 23.002.

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Subpart 23.1 Sustainable Products and Services

Revise subpart 23.1.

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Subpart 23.2 Energy Savings Performance Contracts

Revise subpart 23.2.

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Subpart 23.3 Hazardous Material Identification, Material Safety Data, and Notice of Radioactive Materials

Revise the heading for subpart 23.3.

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23.300

Revising section 23.300.

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23.302

Revise the heading of section 23.302.

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23.303

Redesignate section 23.303 as section 23.304 and add a new section 23.303

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23.304

Revise newly redesignated section 23.304.

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Subpart 23.4 - Pollution Prevention, Environmental Management Systems, and Waste Reduction

Revise subpart 23.4.

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Subpart 23.5 - Greenhouse Gas Emissions

Revise subpart 23.5.

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Subpart 23.6 Reserved

Remove and reserve subpart 23.6, consisting of sections 23.601 and 23.602.

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Subpart 23.7 Reserved

Remove and reserve subpart 23.7, consisting of sections 23.700 through 23.705.

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Subpart 23.8 Reserved

Remove and reserve subpart 23.8, consisting of sections 23.800 through 23.804.

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Subpart 23.9 Reserved

Remove and reserve subpart 23.9, consisting of sections 23.900 through 23.903.

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Subpart 23.10 Reserved

Remove and reserve subpart 23.10 consisting of sections 23.1000 through 23.1005.

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Subpart 26.5 Drug-Free Workplace

Redesignate newly transferred subpart 23.5, consisting of sections 23.500 through 23.506, as subpart 26.5.

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26.504, (a)(5) and (a)(6)(i)

Amend newly redesignated section 26.504 by—

a. Removing from the last sentence of paragraph (a)(5) the words “the postion title” and adding the words “the position title” in its place; and

b. Removing from the end of paragraph (a)(6)(i) “; or” and adding a period in its place.

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26.505

Amend newly redesignated section 26.505 by removing from paragraph (d)(1) “52.223-6” and adding “52.226-7” in its place.

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26.506 (d)(1)

Amend newly redesignated section 26.506 by removing “23.501” and “52.223-6” and adding “26.501” and “52.226-7” in their place, respectively.

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Subpart 26.6 Encouraging Contractor Policies to Ban Text Messaging While Driving

Transfer subpart 23.11, consisting of sections 23.1101 through 23.1105, to part 26. Redesignate newly transferred subpart 23.11, consisting of sections 23.1101 through 23.1105, as subpart 26.6.

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26.605

Amend newly redesignated section 26.605 by removing “52.223-18” and adding “52.226-8” in its place.

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28.203-1 (a)

Amend section 28.203-1 in paragraph (a) by removing “ https://www.treasurydirect.gov/​instit/​statreg/​collateral/​collateral…; and adding “ https://www.treasurydirect.gov/​files/​laws-and-regulations/​collateral…; in its place.

Technical Amendment
31.205-40 (a)

Amend section 31.205-40 by revising paragraph (a).

Technical Amendment
36.001 in the definition of "Construction and demolition materials and debris", in the definition of " and in the definition of "

Amend section 36.001 by—

a. Removing from the definition of “Construction and demolition materials and debris” the phrase “means materials and debris generated” and adding the phrase “means waste materials and debris generated” in its place;

b. Revising the definition of “Diverting”; and

c. Adding the definition of “Modernization project” in alphabetical order.

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36.104 (b)

Amend section 36.104 by revising paragraph (b).

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36.601-3 (a)(2)

Amend section 36.601-3 by removing from paragraph (a)(2) “subpart 23.2” and adding “23.107-3” in its place.

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37.102 (i)

Amend section 37.102 by removing from paragraph (i) “part 23” and adding “subpart 23.1 (see 23.103(c))” in its place.

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39.000 (b)

Amend section 39.000 in paragraph (b) by removing “2.101(b)” and adding “2.101” in its place.

Technical Amendment
39.101 (a)(1)(ii) and (a)(1)(iii)

Amend section 39.101 by revising paragraphs (a)(1)(ii)

and (iii).

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42.302 (a)(66), (a)(68)(ii) and (a)(68)(iii)

Amend section 42.302 by—

a. In paragraph (a)(66), removing “23.5” and adding “26.5” in its place; and

b. Revising paragraphs (a)(68)(ii) and (iii).

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52.204-4

Remove and reserve section 52.204-4.

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52.204-8 (c)(1)(xvii) and (c)(1)(xix)

Amend section 52.204-8 by—

a. Revising the date of the provision and paragraph (c)(1)(xvii);

b. Removing from the end of paragraph (c)(1)(xix) the parenthesis; c. Removing paragraph (c)(2)(vi); and d. Redesignating paragraphs (c)(2)(vii) and (viii) as paragraphs (c)(2)(vi) and (vii), respectively.

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52.211-5

Amend section 52.211-5 by removing from the introductory text “11.304” and adding “11.302” in its place.

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52.212-3 and (c)(5)

Amend section 52.212-3 by—

a. Revising the date of the provision; and

b. Removing from paragraph (c)(5) the citation “ 13 CFR 124.1002” and adding the citation “13 CFR 124.1001” in its place.

Technical Amendment
52.212-5, clause date/heading ,(b)

Amend section 52.212-5 by—

a. Revising the date of the clause; and

b. Revise and republish paragraph(b).

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

Amend section 52.213-4 by—

a. Revising the date of the clause; and

b. Revise and republish paragraph (b)(1).

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52.223-1

Revise section 52.223-1.

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52.223-2

Revise section 52.223-2.

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52.223-3

Amend section 52.223-3 by revising the introductory text of the clause and the introductory text of Alternate I.

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52.223-4

Amend section 52.223-4 by removing from the introductory text “23.406(c)” and adding “23.109(b)(1)” in its place.

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52.223-5

Amend section 52.223-5 by—

a. Revising the introductory text and the date of the clause;

b. Removing paragraph (c)(6), Alternate I, and Alternate II.

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52.223-6

Redesignate section 52.223-6 as section 52.226-7.

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52.223-7

Amend section 52.223-7 by:

a. Revising the section heading; and

b. Removing from the introductory text “23.602” and adding “23.304(b)” in its place.

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52.223-9 and Alternate I Introductory Text

Amend section 52.223-9 by removing from the introductory text and the introductory text of Alternate I “23.406(d)” and adding “23.109(b)(2)” in its place.

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52.223-10 and (b)

Amend section 52.223-10 by—

a. Revising the introductory text and the date of the clause; and

b. Removing from paragraph (b) the text “3(e) of Executive Order 13423” and adding the text “207 of Executive Order 14057” in its place.

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,52.223-11,(a) in the definition of "High global warming potential hydrofluorocarbons"52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons. and (c)

Amend section 52.223-11 by—

a. Revising the introductory text and the date of the clause;

b. In paragraph (a), in the definition of “High global warming potential hydrofluorocarbons”, removing “ http:// www.epa.gov/​snap/​ ” and adding “ https://www.epa.gov/​snap/​” in its place.

c. Removing paragraph (c);

d. Redesignating paragraph (d) as paragraph (c); and

e. Revising newly redesignated paragraph (c)

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52.223-12,(a) in the definition of "High global warming potential hydrofluorocarbons"52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners., (c)(4) and (d)

Amend section 52.223-12 by—

a. Revising the introductory text and the date of the clause;

b. In paragraph (a), in the definition of “High global warming potential hydrofluorocarbons”, removing “ http://www.epa.gov/​snap/​ ” and adding “ https://www.epa.gov/​snap/​ ” in its place.

c. Revising paragraph (c)(4);

d. Removing paragraph (d); e. Redesignating paragraph (e) as paragraph (d); and f. In newly redesignated paragraph (d), removing “ http://www.epa.gov/​snap/​ ” and adding “ https://www.epa.gov/​snap/​ ” in its place.

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52.223-13

Remove and reserve sections 52.223-13 through 52.223-17.

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52.223-18

Redesignate section 52.223-18 as section 52.226-8.

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52.223-19

Amend section 52.223-19 in the introductory text by removing “23.903” and adding “23.406(b)” in its place.

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52.223-20, clause date/heading ,(a) in the definition of "High global warming potential hydrofluorocarbons"52.223-20 Aerosols. and (c)

Amend section 52.223-20 by—

a. Revising the introductory text and the date of the clause; and

b. In paragraph (a), in the definition of “High global warming potential hydrofluorocarbons”, and in paragraph (c), removing “ http://www.epa.gov/​snap/​ ” and adding “ https://www.epa.gov/​snap/​ ” in both places.

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52.223-21, clause date/heading ,(a) in the definition of "High global warming potential hydrofluorocarbons"52.223-21 Foams. and (c)

Amend section 52.223-21 by—

a. Revising the introductory text and the date of the clause; and

b. In paragraph (a), in the definition of “High global warming potential hydrofluorocarbons”, and in paragraph (c), removing “ http://www.epa.gov/​snap/​ ” and adding “ https://www.epa.gov/​snap/​ ” in both places.

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52.223-22

Amend section 52.223-22 in the introductory text by removing “23.804(b)” and adding “23.502” in its place.

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52.223-23

Add section 52.223-23.

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52.226-7 and (d)

Amend newly redesignated section 52.226-7 by—

a. Revising the introductory text and the date of the clause; and

b. Removing from paragraph (d) “23.506” and adding “26.505” in its place.

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52.226-8

Amend newly redesignated section 52.226-8 by revising the introductory text and the date of the clause.

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