Federal Acquisition Regulation; New Designated Countries-Montenegro and New Zealand, 81892-81894 [2015-32429]
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81892
Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Rules and Regulations
described in 8.405–5 and
16.505(b)(2)(i)(F).
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
*
13. Amend section 52.212–5 by
revising the date of the clause and
paragraphs (b)(23) and (24) to read as
follows:
■
52.212–5 Contract Terms and Conditions
Required To Implement Statutes or
Executive Orders—Commercial Items.
*
*
*
*
*
GENERAL SERVICES
ADMINISTRATION
*
*
*
*
(b)* * *
___(23) 52.219–29, Notice of SetAside for, or Sole Source Award to,
Economically Disadvantaged WomenOwned Small Business Concerns (Dec
2015) (15 U.S.C. 637(m)).
___(24) 52.219–30, Notice of SetAside for, or Sole Source Award to,
Women-Owned Small Business
Concerns Eligible Under the WomenOwned Small Business Program (Dec
2015) (15 U.S.C. 637(m)).
*
*
*
*
*
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 22, 25, and 52
[FAC 2005–86; FAR Case 2015–034; Item
III; Docket No. 2015–0034; Sequence No.
1]
RIN 9000–AN15
Federal Acquisition Regulation; New
Designated Countries—Montenegro
and New Zealand
14. Amend section 52.219–29 by
revising the section heading, the
introductory paragraph, the title and
date of the clause, and paragraph (b)(1)
to read as follows:
■
52.219–29 Notice of Set-Aside for, or Sole
Source Award to, Economically
Disadvantaged Women-Owned Small
Business Concerns.
As prescribed in 19.1507, insert the
following clause:
Notice of Set-Aside for, or Sole Source
Award to, Economically Disadvantaged
Women-Owned Small Business
Concerns (Dec 2015)
*
*
*
*
*
(b) * * *
(1) Contracts that have been set aside
or reserved for, or awarded on a sole
source basis to, EDWOSB concerns;
*
*
*
*
*
15. Amend section 52.219–30 by
revising the section heading, the
introductory paragraph, the title and
date of clause, and paragraph (b)(1) to
read as follows:
■
tkelley on DSK3SPTVN1PROD with RULES2
[FR Doc. 2015–32428 Filed 12–30–15; 8:45 am]
DEPARTMENT OF DEFENSE
*
52.219–30 Notice of Set-Aside for, or Sole
Source Award to, Women-Owned Small
Business Concerns Eligible Under the
Women-Owned Small Business Program.
As prescribed in 19.1507, insert the
following clause:
17:22 Dec 30, 2015
*
*
*
*
(b) * * *
(1) Contracts that have been set aside
or reserved for, or awarded on a sole
source basis to, WOSB concerns eligible
under the WOSB Program;
*
*
*
*
*
BILLING CODE 6820–EP–P
Contract Terms and Conditions
Required To Implement Statutes or
Executive Orders—Commercial Items
(Dec 2015)
VerDate Sep<11>2014
Notice of Set-Aside for, or Sole Source
Award to, Women-Owned Small
Business Concerns Eligible Under the
Women-Owned Small Business
Program (Dec 2015)
Jkt 238001
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCIES:
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
add Montenegro and New Zealand as
new designated countries under the
World Trade Organization Government
Procurement Agreement (WTO GPA)
and update the list of parties to the
Agreement on Trade in Civil Aircraft.
DATES: Effective: February 1, 2016.
FOR FURTHER INFORMATION CONTACT: Ms.
Cecelia L. Davis, Procurement Analyst,
at 202–219–0202, for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat Division at
202–501–4755. Please cite FAC 2005–
86, FAR Case 2015–034.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
On July 15, 2015, Montenegro became
a party to the WTO GPA. New Zealand
became a party to the WTO GPA on
August 12, 2015. The Trade Agreements
Act (19 U.S.C. 2501 et seq.) provides the
authority for the President to waive the
Buy American Act and other
PO 00000
Frm 00008
Fmt 4701
Sfmt 4700
discriminatory provisions for eligible
products from countries that have
signed an international trade agreement
with the United States (such as the
WTO GPA). The President has delegated
this authority to the U.S. Trade
Representative.
Effective July 15, 2015, because
Montenegro became a party to the WTO
GPA, and because the U.S. Trade
Representative has determined that
Montenegro will provide appropriate
reciprocal competitive Government
procurement opportunities to United
States products and services, the U.S.
Trade Representative published a notice
in the Federal Register at 80 FR 39829
on July 10, 2015, waiving the Buy
American Act and other discriminatory
provisions for eligible products from
Montenegro.
Effective August 12, 2015, because
New Zealand became a party to the
WTO GPA, and because the U.S. Trade
Representative has determined that New
Zealand will provide appropriate
reciprocal competitive Government
procurement opportunities to United
States products and services, the U.S.
Trade Representative published a notice
in the Federal Register at 80 FR 48386
on August 12, 2015, waiving the Buy
American Act and other discriminatory
provisions for eligible products from
New Zealand.
In addition, the Office of the U.S.
Trade Representative has also indicated
that Montenegro is a party to the
Agreement on Trade in Civil Aircraft.
The U.S. Trade Representative has
waived the Buy American Act for civil
aircraft and related articles from
countries that are parties to the
Agreement on Trade in Civil Aircraft.
II. Discussion and Analysis
Therefore, this rule adds Montenegro
and New Zealand to the list of World
Trade Organization Government
Procurement Agreement countries
wherever it appears in the FAR, whether
as a separate definition, part of the
definition of ‘‘designated country’’ or
‘‘Recovery Act designated country,’’ or
as part of the list of countries exempt
from the prohibition of acquisition of
products produced by forced or
indentured child labor (FAR 22.1503,
25.003, 52.222–19, 52.225–5, 52.225–11,
and 52.225–23).
This rule also updates FAR 25.407
and 52.225–7 to reflect that Montenegro
is already a party to the Agreement on
Trade in Civil Aircraft.
Conforming changes were required to
FAR 52.212–5, Contract Terms and
Conditions Required to Implement
Statute or Executive Orders—
Commercial Items, and 52.213–4, Terms
E:\FR\FM\31DER2.SGM
31DER2
Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Rules and Regulations
and Conditions—Simplified
Acquisitions (Other Than Commercial
Items).
III. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
‘‘Publication of proposed
regulations’’, 41 U.S.C. 1707, applies to
the publication of the Federal
Acquisition Regulation. Paragraph (a)(1)
of the statute requires that a
procurement policy, regulation,
procedure or form (including an
amendment or modification thereof)
must be published for public comment
if it relates to the expenditure of
appropriated funds, and has either a
significant effect beyond the internal
operating procedures of the agency
issuing the policy, regulation, procedure
or form, or has a significant cost or
administrative impact on contractors or
offerors. This final rule is not required
to be published for public comment,
because it has no significant cost or
administrative impact on contractors or
offerors. The rule solely updates the
lists of designated countries and
countries that are parties to the
Agreement on Trade in Civil Aircraft, in
order to conform to the determinations
by the U.S. Trade Representative.
tkelley on DSK3SPTVN1PROD with RULES2
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
V. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule because this final
rule does not constitute a significant
FAR revision within the meaning of
FAR 1.501–1 and 41 U.S.C. 1707 does
not require publication for public
comment.
VI. Paperwork Reduction Act
The Paperwork Reduction Act does
apply, because the rule affects the
response of an offeror that is offering a
VerDate Sep<11>2014
17:22 Dec 30, 2015
Jkt 238001
product of Montenegro to the
information collection requirements in
the provisions at FAR 52.212–3(g)(5),
52.225–6, and 52.225–11. The offeror is
no longer required to list a product from
Montenegro or New Zealand under
‘‘other end products’’, because
Montenegro is now a designated
country. These information collection
requirements are currently approved
under OMB clearances 9000–0136,
9000–0025, and 9000–0141 respectively.
The impact, however, is negligible.
List of Subjects in 48 CFR Parts 22, 25,
and 52
Government procurement.
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 22, 25, and 52 as
set forth below:
1. The authority citation for 48 CFR
parts 22, 25, and 52 continues to read
as follows:
■
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
PART 22—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITIONS
22.1503
[Amended]
2. Amend section 22.1503 by adding
to paragraph (b)(4), in alphabetical
order, ‘‘Montenegro,’’ and ‘‘New
Zealand,’’.
■
PART 25—FOREIGN ACQUISITION
25.003
[Amended]
3. Amend section 25.003 by—
■ a. In the definition ‘‘Designated
country’’—
■ i. Removing from paragraph (1)
‘‘Agreement’’ and adding ‘‘Agreement
(WTO GPA)’’ in its place and adding, in
alphabetical order, ‘‘Montenegro,’’ and
‘‘New Zealand,’’; and
■ ii. Removing from paragraph (2)
‘‘Agreement’’ and adding ‘‘Agreement
(FTA)’’ in its place; and
■ b. In the definition ‘‘World Trade
Organization Government Procurement
Agreement (WTO GPA) country’’,
adding, in alphabetical order,
‘‘Montenegro,’’ and ‘‘New Zealand,’’.
■
25.407
[Amended]
4. Amend section 25.407 by adding, in
alphabetical order, the word
‘‘Montenegro,’’.
■
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Fmt 4701
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PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
5. Amend section 52.212–5 by
revising the date of the clause and
paragraphs (b)(26) and (43) to read as
follows:
■
52.212–5 Contract Terms and Conditions
Required To Implement Statutes or
Executive Orders—Commercial Items.
*
*
*
*
*
Contract Terms and Conditions
Required to Implement Statutes or
Executive Orders—Commercial Items
(FEB 2016)
*
Dated: December 17, 2015.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
81893
*
*
*
*
(b) * * *
ll (26) 52.222–19, Child Labor—
Cooperation with Authorities and Remedies
(FEB 2016) (E.O. 13126).
*
*
*
*
*
ll (43) 52.225–5, Trade Agreements (FEB
2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301
note).
*
*
*
*
*
6. Amend section 52.213–4 by adding
a period at the end of the section
heading and revising the date of the
clause and paragraph (b)(1)(ii) to read as
follows:
■
52.213–4 Terms and Conditions—
Simplified Acquisitions (Other Than
Commercial Items).
*
*
*
*
*
Terms and Conditions—Simplified
Acquisitions (Other Than Commercial
Items) (FEB 2016)
*
*
*
*
*
(b) * * *
(1) * * *
(ii) 52.222–19, Child Labor—Cooperation
with Authorities and Remedies (FEB 2016)
(E.O. 13126). (Applies to contracts for
supplies exceeding the micro-purchase
threshold).
*
*
*
*
*
7. Amend section 52.222–19 by
revising the date of the clause and
adding to paragraph (a)(4), in
alphabetical order, ‘‘Montenegro,’’ and
‘‘New Zealand,’’ to read as follows:
■
52.222–19 Child Labor—Cooperation with
Authorities and Remedies.
*
*
*
*
*
Child Labor—Cooperation With
Authorities and Remedies (FEB 2016)
8. Amend section 52.225–5 by—
a. Revising the date of the clause; and
b. In paragraph (a), under the
definition of ‘‘Designated country’’—
■ i. In paragraph (1)—
■ A. Removing ‘‘Agreement’’ and
adding ‘‘Agreement (WTO GPA)’’ in its
place;
■
■
■
E:\FR\FM\31DER2.SGM
31DER2
81894
Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Rules and Regulations
B. Adding, in alphabetical order,
‘‘Montenegro,’’ and ‘‘New Zealand,’’;
and
■ C. Removing ‘‘Taipei))’’,’’ and adding
‘‘Taipei)’’),’’ in its place; and
■ ii. Removing from paragraph (2)
‘‘Agreement’’ and adding ‘‘Agreement
(FTA)’’ in its place.
The revision reads as follows:
■
52.225–5
*
*
Trade Agreements.
*
*
*
Trade Agreements (FEB 2016)
*
*
*
*
*
9. Amend section 52.225–7 by
revising the date of the provision and
adding to paragraph (b), in alphabetical
order, ‘‘Montenegro,’’ to read as follows:
■
52.225–7 Waiver of Buy American Statute
for Civil Aircraft and Related Articles.
*
*
*
*
*
Waiver of Buy American Statute for
Civil Aircraft and Related Articles (FEB
2016)
*
*
*
*
10. Amend section 52.225–11 by—
a. Revising the date of the clause; and
b. In paragraph (a), under the
definition of ‘‘Designated country’’—
■ i. In paragraph (1), removing
‘‘Agreement’’ and adding ‘‘Agreement
(WTO GPA)’’ in its place and adding, in
alphabetical order ‘‘Montenegro,’’ and
‘‘New Zealand,’’; and
■ ii. Removing from paragraph (2)
‘‘Agreement’’ and adding ‘‘Agreement
(FTA)’’ in its place.
The revision reads as follows:
52.225–11 Buy American—Construction
Materials Under Trade Agreements.
*
*
*
*
*
*
*
*
*
*
*
*
*
*
17:22 Dec 30, 2015
Jkt 238001
DATES:
Effective: January 1, 2016.
Ms.
Cecelia L. Davis, Procurement Analyst,
at 202–219–0202, for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat Division at
202–501–4755. Please cite FAC 2005–
86, FAR case 2016–001.
FOR FURTHER INFORMATION CONTACT:
*
[FR Doc. 2015–32429 Filed 12–30–15; 8:45 am]
BILLING CODE 6820–EP–P
SUPPLEMENTARY INFORMATION:
I. Background
DEPARTMENT OF DEFENSE
Approximately every two years, the
trade agreements thresholds are
adjusted according to a pre-determined
formula under the agreements. These
thresholds become effective on January
1, 2016. The United States Trade
Representative published new
procurement thresholds in the Federal
Register at 80 FR 77694, on December
15, 2015. The United States Trade
Representative has specified the
following new thresholds:
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 22, 25, and 52
[FAC 2005–86; FAR Case 2016–001; Item
No. IV; Docket No. 2016–0001, Sequence
No. 1]
Federal Acquisition Regulation; Trade
Agreements Thresholds
Department of Defense (DoD),
General Services Administration (GSA),
AGENCY:
Supply contract
(equal to or exceeding)
WTO GPA ....................................................................................
FTAs:
Australia FTA ........................................................................
Bahrain FTA .........................................................................
CAFTA–DR (Costa Rica, Dominican Republic, El Salvador,
Guatemala, Honduras, and Nicaragua) ............................
Chile FTA ..............................................................................
Colombia FTA .......................................................................
Korea FTA ............................................................................
Morocco FTA ........................................................................
NAFTA:
—Canada ..............................................................................
—Mexico ...............................................................................
Oman FTA ............................................................................
Panama FTA ........................................................................
Peru FTA ..............................................................................
Singapore FTA .....................................................................
Israeli Trade Act ..........................................................................
VerDate Sep<11>2014
*
Required Use of American Iron, Steel,
and Manufactured Goods—Buy
American Statute—Construction
Materials Under Trade Agreements
(FEB 2016)
Trade agreement
tkelley on DSK3SPTVN1PROD with RULES2
*
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
incorporate revised thresholds for
application of the World Trade
Organization (WTO) Government
Procurement Agreement (GPA) and the
Free Trade Agreements (FTAs), as
determined by the United States Trade
Representative.
SUMMARY:
52.225–23 Required Use of American Iron,
Steel, and Manufactured Goods—Buy
American Statute—Construction Materials
Under Trade Agreements.
*
Final rule.
RIN 9000–AN16
Buy American—Construction Materials
Under Trade Agreements (FEB 2016)
*
ACTION:
*
■
■
■
*
and National Aeronautics and Space
Administration (NASA).
11. Amend section 52.225–23 by—
a. Revising the date of the clause; and
b. In paragraph (a)—
i. In the definition of ‘‘Designated
country’’, adding to paragraph (1), in
alphabetical order, ‘‘Montenegro,’’ and
‘‘New Zealand,’’; and
■ ii. In the definition of ‘‘Recovery Act
designated country’’, adding in
paragraph (1), in alphabetical order,
‘‘Montenegro,’’ and ‘‘New Zealand,’’.
The revision reads as follows:
■
■
■
■
PO 00000
Frm 00010
Service contract
(equal to or exceeding)
Construction contract
(equal to or exceeding)
$191,000
$7,358,000
77,533
191,000
77,533
191,000
7,358,000
10,079,365
77,533
77,533
77,533
100,000
191,000
77,533
77,533
77,533
100,000
191,000
7,358,000
7,358,000
7,358,000
7,358,000
7,358,000
25,000
77,533
191,000
191,000
191,000
77,533
50,000
Fmt 4701
$191,000
77,533
77,533
191,000
191,000
191,000
77,533
........................................
10,079,365
10,079,365
10,079,365
7,358,000
7,358,000
7,358,000
........................................
Sfmt 4700
E:\FR\FM\31DER2.SGM
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]]>Agencies
[Federal Register Volume 80, Number 251 (Thursday, December 31, 2015)]
[Rules and Regulations]
[Pages 81892-81894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32429]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 22, 25, and 52
[FAC 2005-86; FAR Case 2015-034; Item III; Docket No. 2015-0034;
Sequence No. 1]
RIN 9000-AN15
Federal Acquisition Regulation; New Designated Countries--
Montenegro and New Zealand
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the
Federal Acquisition Regulation (FAR) to add Montenegro and New Zealand
as new designated countries under the World Trade Organization
Government Procurement Agreement (WTO GPA) and update the list of
parties to the Agreement on Trade in Civil Aircraft.
DATES: Effective: February 1, 2016.
FOR FURTHER INFORMATION CONTACT: Ms. Cecelia L. Davis, Procurement
Analyst, at 202-219-0202, for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat Division at 202-501-4755. Please cite FAC 2005-86, FAR Case
2015-034.
SUPPLEMENTARY INFORMATION:
I. Background
On July 15, 2015, Montenegro became a party to the WTO GPA. New
Zealand became a party to the WTO GPA on August 12, 2015. The Trade
Agreements Act (19 U.S.C. 2501 et seq.) provides the authority for the
President to waive the Buy American Act and other discriminatory
provisions for eligible products from countries that have signed an
international trade agreement with the United States (such as the WTO
GPA). The President has delegated this authority to the U.S. Trade
Representative.
Effective July 15, 2015, because Montenegro became a party to the
WTO GPA, and because the U.S. Trade Representative has determined that
Montenegro will provide appropriate reciprocal competitive Government
procurement opportunities to United States products and services, the
U.S. Trade Representative published a notice in the Federal Register at
80 FR 39829 on July 10, 2015, waiving the Buy American Act and other
discriminatory provisions for eligible products from Montenegro.
Effective August 12, 2015, because New Zealand became a party to
the WTO GPA, and because the U.S. Trade Representative has determined
that New Zealand will provide appropriate reciprocal competitive
Government procurement opportunities to United States products and
services, the U.S. Trade Representative published a notice in the
Federal Register at 80 FR 48386 on August 12, 2015, waiving the Buy
American Act and other discriminatory provisions for eligible products
from New Zealand.
In addition, the Office of the U.S. Trade Representative has also
indicated that Montenegro is a party to the Agreement on Trade in Civil
Aircraft. The U.S. Trade Representative has waived the Buy American Act
for civil aircraft and related articles from countries that are parties
to the Agreement on Trade in Civil Aircraft.
II. Discussion and Analysis
Therefore, this rule adds Montenegro and New Zealand to the list of
World Trade Organization Government Procurement Agreement countries
wherever it appears in the FAR, whether as a separate definition, part
of the definition of ``designated country'' or ``Recovery Act
designated country,'' or as part of the list of countries exempt from
the prohibition of acquisition of products produced by forced or
indentured child labor (FAR 22.1503, 25.003, 52.222-19, 52.225-5,
52.225-11, and 52.225-23).
This rule also updates FAR 25.407 and 52.225-7 to reflect that
Montenegro is already a party to the Agreement on Trade in Civil
Aircraft.
Conforming changes were required to FAR 52.212-5, Contract Terms
and Conditions Required to Implement Statute or Executive Orders--
Commercial Items, and 52.213-4, Terms
[[Page 81893]]
and Conditions--Simplified Acquisitions (Other Than Commercial Items).
III. Publication of This Final Rule for Public Comment Is Not Required
by Statute
``Publication of proposed regulations'', 41 U.S.C. 1707, applies to
the publication of the Federal Acquisition Regulation. Paragraph (a)(1)
of the statute requires that a procurement policy, regulation,
procedure or form (including an amendment or modification thereof) must
be published for public comment if it relates to the expenditure of
appropriated funds, and has either a significant effect beyond the
internal operating procedures of the agency issuing the policy,
regulation, procedure or form, or has a significant cost or
administrative impact on contractors or offerors. This final rule is
not required to be published for public comment, because it has no
significant cost or administrative impact on contractors or offerors.
The rule solely updates the lists of designated countries and countries
that are parties to the Agreement on Trade in Civil Aircraft, in order
to conform to the determinations by the U.S. Trade Representative.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
V. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant FAR revision within
the meaning of FAR 1.501-1 and 41 U.S.C. 1707 does not require
publication for public comment.
VI. Paperwork Reduction Act
The Paperwork Reduction Act does apply, because the rule affects
the response of an offeror that is offering a product of Montenegro to
the information collection requirements in the provisions at FAR
52.212-3(g)(5), 52.225-6, and 52.225-11. The offeror is no longer
required to list a product from Montenegro or New Zealand under ``other
end products'', because Montenegro is now a designated country. These
information collection requirements are currently approved under OMB
clearances 9000-0136, 9000-0025, and 9000-0141 respectively. The
impact, however, is negligible.
List of Subjects in 48 CFR Parts 22, 25, and 52
Government procurement.
Dated: December 17, 2015.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 22, 25, and 52 as
set forth below:
0
1. The authority citation for 48 CFR parts 22, 25, and 52 continues to
read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
22.1503 [Amended]
0
2. Amend section 22.1503 by adding to paragraph (b)(4), in alphabetical
order, ``Montenegro,'' and ``New Zealand,''.
PART 25--FOREIGN ACQUISITION
25.003 [Amended]
0
3. Amend section 25.003 by--
0
a. In the definition ``Designated country''--
0
i. Removing from paragraph (1) ``Agreement'' and adding ``Agreement
(WTO GPA)'' in its place and adding, in alphabetical order,
``Montenegro,'' and ``New Zealand,''; and
0
ii. Removing from paragraph (2) ``Agreement'' and adding ``Agreement
(FTA)'' in its place; and
0
b. In the definition ``World Trade Organization Government Procurement
Agreement (WTO GPA) country'', adding, in alphabetical order,
``Montenegro,'' and ``New Zealand,''.
25.407 [Amended]
0
4. Amend section 25.407 by adding, in alphabetical order, the word
``Montenegro,''.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
5. Amend section 52.212-5 by revising the date of the clause and
paragraphs (b)(26) and (43) to read as follows:
52.212-5 Contract Terms and Conditions Required To Implement Statutes
or Executive Orders--Commercial Items.
* * * * *
Contract Terms and Conditions Required to Implement Statutes or
Executive Orders--Commercial Items (FEB 2016)
* * * * *
(b) * * *
__ (26) 52.222-19, Child Labor--Cooperation with Authorities and
Remedies (FEB 2016) (E.O. 13126).
* * * * *
__ (43) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501,
et seq., 19 U.S.C. 3301 note).
* * * * *
0
6. Amend section 52.213-4 by adding a period at the end of the section
heading and revising the date of the clause and paragraph (b)(1)(ii) to
read as follows:
52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than
Commercial Items).
* * * * *
Terms and Conditions--Simplified Acquisitions (Other Than Commercial
Items) (FEB 2016)
* * * * *
(b) * * *
(1) * * *
(ii) 52.222-19, Child Labor--Cooperation with Authorities and
Remedies (FEB 2016) (E.O. 13126). (Applies to contracts for supplies
exceeding the micro-purchase threshold).
* * * * *
0
7. Amend section 52.222-19 by revising the date of the clause and
adding to paragraph (a)(4), in alphabetical order, ``Montenegro,'' and
``New Zealand,'' to read as follows:
52.222-19 Child Labor--Cooperation with Authorities and Remedies.
* * * * *
Child Labor--Cooperation With Authorities and Remedies (FEB 2016)
0
8. Amend section 52.225-5 by--
0
a. Revising the date of the clause; and
0
b. In paragraph (a), under the definition of ``Designated country''--
0
i. In paragraph (1)--
0
A. Removing ``Agreement'' and adding ``Agreement (WTO GPA)'' in its
place;
[[Page 81894]]
0
B. Adding, in alphabetical order, ``Montenegro,'' and ``New Zealand,'';
and
0
C. Removing ``Taipei))'','' and adding ``Taipei)''),'' in its place;
and
0
ii. Removing from paragraph (2) ``Agreement'' and adding ``Agreement
(FTA)'' in its place.
The revision reads as follows:
52.225-5 Trade Agreements.
* * * * *
Trade Agreements (FEB 2016)
* * * * *
0
9. Amend section 52.225-7 by revising the date of the provision and
adding to paragraph (b), in alphabetical order, ``Montenegro,'' to read
as follows:
52.225-7 Waiver of Buy American Statute for Civil Aircraft and Related
Articles.
* * * * *
Waiver of Buy American Statute for Civil Aircraft and Related Articles
(FEB 2016)
* * * * *
0
10. Amend section 52.225-11 by--
0
a. Revising the date of the clause; and
0
b. In paragraph (a), under the definition of ``Designated country''--
0
i. In paragraph (1), removing ``Agreement'' and adding ``Agreement (WTO
GPA)'' in its place and adding, in alphabetical order ``Montenegro,''
and ``New Zealand,''; and
0
ii. Removing from paragraph (2) ``Agreement'' and adding ``Agreement
(FTA)'' in its place.
The revision reads as follows:
52.225-11 Buy American--Construction Materials Under Trade Agreements.
* * * * *
Buy American--Construction Materials Under Trade Agreements (FEB 2016)
* * * * *
0
11. Amend section 52.225-23 by--
0
a. Revising the date of the clause; and
0
b. In paragraph (a)--
0
i. In the definition of ``Designated country'', adding to paragraph
(1), in alphabetical order, ``Montenegro,'' and ``New Zealand,''; and
0
ii. In the definition of ``Recovery Act designated country'', adding in
paragraph (1), in alphabetical order, ``Montenegro,'' and ``New
Zealand,''.
The revision reads as follows:
52.225-23 Required Use of American Iron, Steel, and Manufactured
Goods--Buy American Statute--Construction Materials Under Trade
Agreements.
* * * * *
Required Use of American Iron, Steel, and Manufactured Goods--Buy
American Statute--Construction Materials Under Trade Agreements (FEB
2016)
* * * * *
[FR Doc. 2015-32429 Filed 12-30-15; 8:45 am]
BILLING CODE 6820-EP-P
