Defense Federal Acquisition Regulation Supplement; Trade Agreements Thresholds and Morocco Free Trade Agreement (DFARS Case 2005-D017), 9269-9271 [06-1635]
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Federal Register / Vol. 71, No. 36 / Thursday, February 23, 2006 / Rules and Regulations
212.301
[Amended]
DoD Response: The recommendation
is considered to be outside the scope of
this DFARS case. Therefore, DoD has
made no change to the rule as a result
of this comment.
DoD has adopted the proposed rule as
a final rule without change.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
against which posts, camps, and stations
issue delivery orders for products to be
consumed by them; or
(2) The contract is a communications
service authorization issued by the
Defense Information Systems Agency’s
Defense Information Technology
Contracting Organization.
3. Section 204.7105 is revised to read
as follows:
DEPARTMENT OF DEFENSE
B. Regulatory Flexibility Act
DoD certifies that this final rule will
not have a significant economic impact
on a substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule pertains only to DoD
administrative procedures for
numbering of contract line items,
exhibits, and attachments.
204.7105 Contract exhibits and
attachments.
Defense Acquisition Regulations
System
Follow the procedures at PGI
204.7105 for use and numbering of
contract exhibits and attachments.
48 CFR Parts 225 and 252
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply, because the rule does not
impose any information collection
requirements that require the approval
of the Office of Management and Budget
under 44 U.S.C. 3501, et seq.
Defense Acquisition Regulations
System
List of Subjects in 48 CFR Part 204
Government procurement.
Defense Federal Acquisition
Regulation Supplement; Technical
Amendment
Final rule.
Effective Date: February 23,
2006.
Ms.
Michele Peterson, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3C132, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone (703) 602–0311;
facsimile (703) 602–0350.
FOR FURTHER INFORMATION CONTACT:
2. Section 204.7102 is revised to read
as follows:
I
Policy.
(a) The numbering procedures of this
subpart shall apply to all—
(1) Solicitations;
(2) Solicitation line and subline item
numbers;
(3) Contracts as defined in FAR
Subpart 2.1;
(4) Contract line and subline item
numbers;
(5) Exhibits;
(6) Exhibit line and subline items; and
(7) Any other document expected to
become part of the contract.
(b) The numbering procedures are
mandatory for all contracts where
separate contract line item numbers are
assigned, unless—
(1) The contract is an indefinitedelivery type for petroleum products
Jkt 208001
48 CFR Part 212
DATES:
PART 204—ADMINISTRATIVE
MATTERS
17:07 Feb 22, 2006
DEPARTMENT OF DEFENSE
SUMMARY: DoD is making a technical
amendment to the Defense Federal
Acquisition Regulation Supplement
(DFARS) to update a cross-reference
within the DFARS text.
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
VerDate Aug<31>2005
BILLING CODE 5001–08–P
ACTION:
Therefore, 48 CFR Part 204 is
amended as follows:
I 1. The authority citation for 48 CFR
Part 204 continues to read as follows:
204.7102
[FR Doc. 06–1630 Filed 2–22–06; 8:45 am]
Defense Acquisition
Regulations System, Department of
Defense (DoD).
I
2. Section 212.301 is amended in
paragraph (f)(ii), in the second sentence,
by removing ‘‘(see 225.770–3)’’ and
adding in its place ‘‘(see 225.670–3)’’.
I
[FR Doc. 06–1639 Filed 2–22–06; 8:45 am]
BILLING CODE 5001–08–P
I
AGENCY:
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
rwilkins on PROD1PC63 with RULES
9269
List of Subjects in 48 CFR Part 212
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 212 is
amended as follows:
I
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
1. The authority citation for 48 CFR
part 212 continues to read as follows:
I
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
PO 00000
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Fmt 4700
Sfmt 4700
RIN 0750–AF29
Defense Federal Acquisition
Regulation Supplement; Trade
Agreements Thresholds and Morocco
Free Trade Agreement (DFARS Case
2005–D017)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Interim rule with request for
comments.
AGENCY:
SUMMARY: DoD has issued an interim
rule amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to incorporate increased
thresholds for application of the World
Trade Organization Government
Procurement Agreement and the Free
Trade Agreements, as determined by the
United States Trade Representative. The
rule also implements a new Free Trade
Agreement with Morocco and amends
the list of end products that are subject
to trade agreements.
DATES: Effective Date: February 23,
2006.
Comment date: Comments on the
interim rule should be submitted in
writing to the address shown below on
or before April 24, 2006, to be
considered in the formation of the final
rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2005–D017,
using any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: dfars@osd.mil. Include
DFARS Case 2005–D017 in the subject
line of the message.
• Fax: (703) 602–0350.
• Mail: Defense Acquisition
Regulations System, Attn: Ms. Amy
Williams, OUSD (AT&L) DPAP (DARS),
IMD 3C132, 3062 Defense Pentagon,
Washington, DC 20301–3062.
• Hand Delivery/Courier: Defense
Acquisition Regulations System, Crystal
Square 4, Suite 200A, 241 18th Street,
Arlington, VA 22202–3402.
E:\FR\FM\23FER1.SGM
23FER1
9270
Federal Register / Vol. 71, No. 36 / Thursday, February 23, 2006 / Rules and Regulations
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT:
Ms.
Amy Williams, (703) 602–0328.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule amends the clause
prescriptions at DFARS 225.1101 and
225.7503 to reflect increased thresholds
for application of the trade agreements.
Every 2 years, the trade agreements
thresholds are escalated according to a
pre-determined formula set forth in the
agreements. The United States Trade
Representative has specified the
following thresholds (70 FR 73510,
December 12, 2005):
Supply
contract
(equal to or
exceeding)
Trade agreement
World Trade Organization Government Procurement Agreement ..............................................
Free Trade Agreements (FTA):
Australia FTA ........................................................................................................................
Chile FTA ..............................................................................................................................
Morocco FTA ........................................................................................................................
Singapore FTA .....................................................................................................................
NAFTA:
—Canada ..............................................................................................................................
—Mexico ...............................................................................................................................
rwilkins on PROD1PC63 with RULES
In addition, this interim rule
implements a new Free Trade
Agreement with Morocco as approved
by Congress (Pub. L. 108–302). The
Morocco Free Trade Agreement waives
the applicability of the Buy American
Act for some foreign supplies and
construction materials from Morocco,
and specifies procurement procedures
designed to ensure fairness.
The World Trade Organization
Government Procurement Agreement
and the other free trade agreements each
list the items to which the trade
agreements do not apply when acquired
by DoD. DFARS 225.401–70 lists the
end products that are subject to trade
agreements if the value of the
acquisition is at or above the applicable
dollar threshold. The following items
are not excluded for DoD from coverage
by the trade agreements and, therefore,
have been added to the list at DFARS
225.401–70: Pins, needles, sewing kits,
flag staffs, flagpoles, flagstaff trucks, and
tobacco products.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
B. Regulatory Flexibility Act
DoD does not expect this rule to have
a significant economic impact on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the dollar threshold changes are
designed to keep pace with inflation
and thus maintain the status quo.
Although the rule opens up DoD
procurement to the products of
Morocco, DoD does not believe there
will be a significant economic impact on
U.S. small businesses. DoD applies the
trade agreements to only those non-
VerDate Aug<31>2005
16:10 Feb 22, 2006
Jkt 205001
defense items listed at DFARS 225.401–
70, and procurements that are set aside
for small businesses are exempt from
application of the trade agreements.
Therefore, DoD has not performed an
initial regulatory flexibility analysis.
DoD invites comments from small
businesses and other interested parties.
DoD also will consider comments from
small entities concerning the affected
DFARS subparts in accordance with 5
U.S.C. 610. Such comments should be
submitted separately and should cite
DFARS Case 2005–D017.
C. Paperwork Reduction Act
This interim rule affects the
certification and information collection
requirements in the provisions at
DFARS 252.225–7020 and 252.225–
7035, currently approved under Office
of Management and Budget Control
Number 0704–0229. However, there is
no impact on the estimated burden
hours. The dollar threshold changes are
in line with inflation and maintain the
status quo. Reporting of products from
Morocco as Free Trade Agreement end
products rather than other foreign end
products has no impact on paperwork
burden.
D. Determination To Issue an Interim
Rule
A determination has been made under
the authority of the Secretary of Defense
that urgent and compelling reasons exist
to publish an interim rule prior to
affording the public an opportunity to
comment. This interim rule incorporates
increased dollar thresholds for
application of the World Trade
Organization Government Procurement
Agreement and the Free Trade
Agreements, as determined by the
United States Trade Representative. In
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Fmt 4700
Sfmt 4700
Service
contract
(equal to or
exceeding)
Construction
contract
(equal to or
exceeding)
$193,000
$193,000
$7,407,000
64,786
64,786
193,000
64,786
64,786
64,786
193,000
64,786
7,407,000
7,407,000
7,407,000
7,407,000
25,000
64,786
64,786
64,786
8,422,165
8,422,165
addition, the rule implements a new
Free Trade Agreement with Morocco, as
approved by Congress (Pub. L. 108–
302). The Morocco Free Trade
Agreement waives the applicability of
the Buy American Act for some foreign
supplies and construction materials
from Morocco and specifies
procurement procedures designed to
ensure fairness. The increased dollar
thresholds and the Morocco Free Trade
Agreement became effective on January
1, 2006. Comments received in response
to this interim rule will be considered
in the formation of the final rule.
List of Subjects in 48 CFR Parts 225 and
252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 225 and 252
are amended as follows:
I
1. The authority citation for 48 CFR
parts 225 and 252 continues to read as
follows:
I
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
PART 225—FOREIGN ACQUISITION
2. Section 225.401–70 is amended in
the table by adding, in numerical order,
two new entries to read as follows:
I
§ 225.401–70 End products subject to
trade agreements.
*
*
*
*
*
83 Pins, needles, and sewing kits
(only part of 8315) and flag staffs,
flagpoles, and flagstaff trucks (only part
of 8345)
*
*
*
*
*
E:\FR\FM\23FER1.SGM
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Federal Register / Vol. 71, No. 36 / Thursday, February 23, 2006 / Rules and Regulations
§ 252.225–7021
89
Tobacco products (only 8975)
*
*
*
*
I 3. Section 225.1101 is amended by
revising paragraph (10)(i) to read as
follows:
*
*
§ 225.1101
Acquisition of supplies.
*
*
*
*
(10)(i) Use the clause at 252.225–
7036, Buy American Act—Free Trade
Agreements—Balance of Payments
Program, instead of the clause at FAR
52.225–3, Buy American Act—Free
Trade Agreements—Israeli Trade Act, in
solicitations and contracts for the items
listed at 225.401–70, when the
estimated value equals or exceeds
$25,000, but is less than $193,000, and
a Free Trade Agreement applies to the
acquisition.
(A) Use the basic clause when the
estimated value equals or exceeds
$64,786.
(B) Use the clause with its Alternate
I when the estimated value equals or
exceeds $25,000 but is less than
$64,786.
*
*
*
*
*
I 4. Section 225.7503 is revised to read
as follows:
Contract clauses.
Unless the entire acquisition is
exempt from the Balance of Payments
Program—
(a) Use the clause at 252.225–7044,
Balance of Payments Program—
Construction Material, in solicitations
and contracts for construction to be
performed outside the United States
with a value greater than the simplified
acquisition threshold but less than
$7,407,000.
(b) Use the clause at 252.225–7045,
Balance of Payments Program—
Construction Material Under Trade
Agreements, in solicitations and
contracts for construction to be
performed outside the United States
with a value of $7,407,000 or more. For
acquisitions with a value of $7,407,000
or more, but less than $8,422,165, use
the clause with its Alternate I.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.212–7001
[Amended]
5. Section 252.212–7001 is amended
as follows:
I a. By revising the clause date to read
‘‘(FEB 2006)’’; and
I b. In paragraph (b), in entry ‘‘252.225–
7021’’, by removing ‘‘(DEC 2005)’’ and
adding in its place ‘‘(FEB 2006)’’.
I 6. Section 252.225–7021 is amended
by revising the clause date and
paragraph (a)(3)(ii) to read as follows:
rwilkins on PROD1PC63 with RULES
I
VerDate Aug<31>2005
16:10 Feb 22, 2006
Jkt 205001
*
Trade agreements.
*
*
Trade Agreements (FEB 2006)
*
§ 225.7503
*
(a) * * *
(3) * * *
(ii) A Free Trade Agreement country
(Australia, Canada, Chile, Mexico,
Morocco, or Singapore);
*
*
*
*
*
I 7. Section 252.225–7045 is amended
as follows:
I a. By revising the clause date;
I b. In paragraph (a), by revising
paragraph (2) of the definition of
‘‘Designated country’’; and
I c. By revising Alternate I to read as
follows:
§ 252.225–7045 Balance of Payments
Program—Construction Material Under
Trade Agreements.
*
*
*
*
*
(a) * * *
Designated country means—
*
*
*
*
*
(2) A Free Trade Agreement country
(Australia, Canada, Chile, Mexico,
Morocco, or Singapore);
*
*
*
*
*
Alternate I (Feb 2006). As prescribed
in 225.7503(b), delete the definitions of
‘‘designated country’’ and ‘‘designated
country construction material’’ from the
definitions in paragraph (a) of the basic
clause, add the following definition of
‘‘Australian, Chilean, or Moroccan
construction material’’ to paragraph (a)
of the basic clause, and substitute the
following paragraphs (b) and (c) for
paragraphs (b) and (c) of the basic
clause:
Australian, Chilean, or Moroccan
construction material means a
construction material that—
(1) Is wholly the growth, product, or
manufacture of Australia, Chile, or
Morocco; or
(2) In the case of a construction
material that consists in whole or in part
of materials from another country, has
been substantially transformed in
Australia, Chile, or Morocco into a new
and different construction material
distinct from the materials from which
it was transformed.
(b) This clause implements the
Balance of Payments Program by
providing a preference for domestic
construction material. In addition, the
Contracting Officer has determined that
the WTO GPA and all Free Trade
Agreements except NAFTA apply to this
acquisition. Therefore, the Balance of
Frm 00017
Fmt 4700
Sfmt 4700
Payments Program restrictions are
waived for WTO GPA country,
Australian, Chilean, or Moroccan, least
developed country, or Caribbean Basin
country construction material.
(c) The Contractor shall use only
domestic, WTO GPA country,
Australian, Chilean, or Moroccan, least
developed country, or Caribbean Basin
country construction material in
performing this contract, except for—
(1) Construction material valued at or
below the simplified acquisition
threshold in Part 2 of the Federal
Acquisition Regulation; or
(2) The construction material or
components listed by the Government
as follows:
[Contracting Officer to list applicable
excepted materials or indicate ‘‘none’’]
[FR Doc. 06–1635 Filed 2–22–06; 8:45 am]
BILLING CODE 5001–08–P
Balance of Payments Program—
Construction Material Under Trade
Agreements (Feb 2006)
PO 00000
9271
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 231
[DFARS Case 2004–D026]
Defense Federal Acquisition
Regulation Supplement; Business
Restructuring Costs—Delegation of
Authority To Make Determinations
Relating to Payment
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
SUMMARY: DoD has adopted as final,
without change, an interim rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement section 819 of
the National Defense Authorization Act
for Fiscal Year 2005. Section 819
contains changes concerning delegation
of authority to make determinations
relating to payment of defense
contractors for business restructuring
costs.
DATES:
Effective Date: February 23,
2006.
Mr.
Bill Sain, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3C132, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone (703) 602–0293;
facsimile (703) 602–0350. Please cite
DFARS Case 2004–D026.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\23FER1.SGM
23FER1
]]>Agencies
[Federal Register Volume 71, Number 36 (Thursday, February 23, 2006)]
[Rules and Regulations]
[Pages 9269-9271]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1635]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 225 and 252
RIN 0750-AF29
Defense Federal Acquisition Regulation Supplement; Trade
Agreements Thresholds and Morocco Free Trade Agreement (DFARS Case
2005-D017)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: DoD has issued an interim rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to incorporate increased
thresholds for application of the World Trade Organization Government
Procurement Agreement and the Free Trade Agreements, as determined by
the United States Trade Representative. The rule also implements a new
Free Trade Agreement with Morocco and amends the list of end products
that are subject to trade agreements.
DATES: Effective Date: February 23, 2006.
Comment date: Comments on the interim rule should be submitted in
writing to the address shown below on or before April 24, 2006, to be
considered in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2005-D017,
using any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: dfars@osd.mil. Include DFARS Case 2005-D017 in the
subject line of the message.
Fax: (703) 602-0350.
Mail: Defense Acquisition Regulations System, Attn: Ms.
Amy Williams, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301-3062.
Hand Delivery/Courier: Defense Acquisition Regulations
System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA
22202-3402.
[[Page 9270]]
Comments received generally will be posted without change to http:/
/www.regulations.gov, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, (703) 602-0328.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule amends the clause prescriptions at DFARS 225.1101
and 225.7503 to reflect increased thresholds for application of the
trade agreements. Every 2 years, the trade agreements thresholds are
escalated according to a pre-determined formula set forth in the
agreements. The United States Trade Representative has specified the
following thresholds (70 FR 73510, December 12, 2005):
----------------------------------------------------------------------------------------------------------------
Supply Service Construction
contract contract contract
Trade agreement (equal to or (equal to or (equal to or
exceeding) exceeding) exceeding)
----------------------------------------------------------------------------------------------------------------
World Trade Organization Government Procurement Agreement....... $193,000 $193,000 $7,407,000
Free Trade Agreements (FTA):
Australia FTA............................................... 64,786 64,786 7,407,000
Chile FTA................................................... 64,786 64,786 7,407,000
Morocco FTA................................................. 193,000 193,000 7,407,000
Singapore FTA............................................... 64,786 64,786 7,407,000
NAFTA:
--Canada.................................................... 25,000 64,786 8,422,165
--Mexico.................................................... 64,786 64,786 8,422,165
----------------------------------------------------------------------------------------------------------------
In addition, this interim rule implements a new Free Trade
Agreement with Morocco as approved by Congress (Pub. L. 108-302). The
Morocco Free Trade Agreement waives the applicability of the Buy
American Act for some foreign supplies and construction materials from
Morocco, and specifies procurement procedures designed to ensure
fairness.
The World Trade Organization Government Procurement Agreement and
the other free trade agreements each list the items to which the trade
agreements do not apply when acquired by DoD. DFARS 225.401-70 lists
the end products that are subject to trade agreements if the value of
the acquisition is at or above the applicable dollar threshold. The
following items are not excluded for DoD from coverage by the trade
agreements and, therefore, have been added to the list at DFARS
225.401-70: Pins, needles, sewing kits, flag staffs, flagpoles,
flagstaff trucks, and tobacco products.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD does not expect this rule to have a significant economic impact
on a substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the dollar
threshold changes are designed to keep pace with inflation and thus
maintain the status quo. Although the rule opens up DoD procurement to
the products of Morocco, DoD does not believe there will be a
significant economic impact on U.S. small businesses. DoD applies the
trade agreements to only those non-defense items listed at DFARS
225.401-70, and procurements that are set aside for small businesses
are exempt from application of the trade agreements. Therefore, DoD has
not performed an initial regulatory flexibility analysis. DoD invites
comments from small businesses and other interested parties. DoD also
will consider comments from small entities concerning the affected
DFARS subparts in accordance with 5 U.S.C. 610. Such comments should be
submitted separately and should cite DFARS Case 2005-D017.
C. Paperwork Reduction Act
This interim rule affects the certification and information
collection requirements in the provisions at DFARS 252.225-7020 and
252.225-7035, currently approved under Office of Management and Budget
Control Number 0704-0229. However, there is no impact on the estimated
burden hours. The dollar threshold changes are in line with inflation
and maintain the status quo. Reporting of products from Morocco as Free
Trade Agreement end products rather than other foreign end products has
no impact on paperwork burden.
D. Determination To Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense that urgent and compelling reasons exist to publish an
interim rule prior to affording the public an opportunity to comment.
This interim rule incorporates increased dollar thresholds for
application of the World Trade Organization Government Procurement
Agreement and the Free Trade Agreements, as determined by the United
States Trade Representative. In addition, the rule implements a new
Free Trade Agreement with Morocco, as approved by Congress (Pub. L.
108-302). The Morocco Free Trade Agreement waives the applicability of
the Buy American Act for some foreign supplies and construction
materials from Morocco and specifies procurement procedures designed to
ensure fairness. The increased dollar thresholds and the Morocco Free
Trade Agreement became effective on January 1, 2006. Comments received
in response to this interim rule will be considered in the formation of
the final rule.
List of Subjects in 48 CFR Parts 225 and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR parts 225 and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 225 and 252 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 225--FOREIGN ACQUISITION
0
2. Section 225.401-70 is amended in the table by adding, in numerical
order, two new entries to read as follows:
Sec. 225.401-70 End products subject to trade agreements.
* * * * *
83 Pins, needles, and sewing kits (only part of 8315) and flag
staffs, flagpoles, and flagstaff trucks (only part of 8345)
* * * * *
[[Page 9271]]
89 Tobacco products (only 8975)
* * * * *
0
3. Section 225.1101 is amended by revising paragraph (10)(i) to read as
follows:
Sec. 225.1101 Acquisition of supplies.
* * * * *
(10)(i) Use the clause at 252.225-7036, Buy American Act--Free
Trade Agreements--Balance of Payments Program, instead of the clause at
FAR 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade
Act, in solicitations and contracts for the items listed at 225.401-70,
when the estimated value equals or exceeds $25,000, but is less than
$193,000, and a Free Trade Agreement applies to the acquisition.
(A) Use the basic clause when the estimated value equals or exceeds
$64,786.
(B) Use the clause with its Alternate I when the estimated value
equals or exceeds $25,000 but is less than $64,786.
* * * * *
0
4. Section 225.7503 is revised to read as follows:
Sec. 225.7503 Contract clauses.
Unless the entire acquisition is exempt from the Balance of
Payments Program--
(a) Use the clause at 252.225-7044, Balance of Payments Program--
Construction Material, in solicitations and contracts for construction
to be performed outside the United States with a value greater than the
simplified acquisition threshold but less than $7,407,000.
(b) Use the clause at 252.225-7045, Balance of Payments Program--
Construction Material Under Trade Agreements, in solicitations and
contracts for construction to be performed outside the United States
with a value of $7,407,000 or more. For acquisitions with a value of
$7,407,000 or more, but less than $8,422,165, use the clause with its
Alternate I.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.212-7001 [Amended]
0
5. Section 252.212-7001 is amended as follows:
0
a. By revising the clause date to read ``(FEB 2006)''; and
0
b. In paragraph (b), in entry ``252.225-7021'', by removing ``(DEC
2005)'' and adding in its place ``(FEB 2006)''.
0
6. Section 252.225-7021 is amended by revising the clause date and
paragraph (a)(3)(ii) to read as follows:
Sec. 252.225-7021 Trade agreements.
* * * * *
Trade Agreements (FEB 2006)
(a) * * *
(3) * * *
(ii) A Free Trade Agreement country (Australia, Canada, Chile,
Mexico, Morocco, or Singapore);
* * * * *
0
7. Section 252.225-7045 is amended as follows:
0
a. By revising the clause date;
0
b. In paragraph (a), by revising paragraph (2) of the definition of
``Designated country''; and
0
c. By revising Alternate I to read as follows:
Sec. 252.225-7045 Balance of Payments Program--Construction Material
Under Trade Agreements.
* * * * *
Balance of Payments Program--Construction Material Under Trade
Agreements (Feb 2006)
(a) * * *
Designated country means--
* * * * *
(2) A Free Trade Agreement country (Australia, Canada, Chile,
Mexico, Morocco, or Singapore);
* * * * *
Alternate I (Feb 2006). As prescribed in 225.7503(b), delete the
definitions of ``designated country'' and ``designated country
construction material'' from the definitions in paragraph (a) of the
basic clause, add the following definition of ``Australian, Chilean, or
Moroccan construction material'' to paragraph (a) of the basic clause,
and substitute the following paragraphs (b) and (c) for paragraphs (b)
and (c) of the basic clause:
Australian, Chilean, or Moroccan construction material means a
construction material that--
(1) Is wholly the growth, product, or manufacture of Australia,
Chile, or Morocco; or
(2) In the case of a construction material that consists in whole
or in part of materials from another country, has been substantially
transformed in Australia, Chile, or Morocco into a new and different
construction material distinct from the materials from which it was
transformed.
(b) This clause implements the Balance of Payments Program by
providing a preference for domestic construction material. In addition,
the Contracting Officer has determined that the WTO GPA and all Free
Trade Agreements except NAFTA apply to this acquisition. Therefore, the
Balance of Payments Program restrictions are waived for WTO GPA
country, Australian, Chilean, or Moroccan, least developed country, or
Caribbean Basin country construction material.
(c) The Contractor shall use only domestic, WTO GPA country,
Australian, Chilean, or Moroccan, least developed country, or Caribbean
Basin country construction material in performing this contract, except
for--
(1) Construction material valued at or below the simplified
acquisition threshold in Part 2 of the Federal Acquisition Regulation;
or
(2) The construction material or components listed by the
Government as follows:
[Contracting Officer to list applicable excepted materials or indicate
``none'']
[FR Doc. 06-1635 Filed 2-22-06; 8:45 am]
BILLING CODE 5001-08-P
