Federal Acquisition Regulation; FAR Case 2006-001, Free Trade Agreements-Morocco, 20306-20308 [06-3685]
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20306
Federal Register / Vol. 71, No. 75 / Wednesday, April 19, 2006 / Rules and Regulations
submit such comments separately and
should cite 5 U.S.C 601, et seq. (FAC
2005–09, FAR case 2005–045), in
correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the changes to the
FAR do not impose information
collection requirements that require the
approval of the Office of Management
and Budget under 44 U.S.C. 3501, et
seq.
‘‘Sanctioned European Union member
state’’.
I 5. Amend section 25.501 by revising
paragraph (c) to read as follows:
DEPARTMENT OF DEFENSE
25.501
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
General.
*
*
*
*
*
(c) Must identify and reject offers of
end products that are prohibited in
accordance with Subpart 25.7; and
*
*
*
*
*
D. Determination to Issue an Interim
Rule
A determination has been made under
the authority of the Secretary of Defense
(DoD), the Administrator of General
Services (GSA), and the Administrator
of the National Aeronautics and Space
Administration (NASA) that urgent and
compelling reasons exist to promulgate
this interim rule without prior
opportunity for public comment. This
action is necessary because the removal
of these sanctions went into effect
March 1, 2006. However, pursuant to
Public Law 98–577 and FAR 1.501, the
Councils will consider public comments
received in response to this interim rule
in the formation of the final rule.
25.502
List of Subjects in 48 CFR Parts 25 and
52
Government procurement.
25.1103
Dated: April 12, 2006.
Gerald Zaffos,
Director,Contract Policy Division.
25.503
Group offers.
(a) * * *
(1) If any part of the award would
consist of prohibited end products (see
Subpart 25.7); or
*
*
*
*
*
Subpart 25.6 [Reserved]
I
8. Remove and reserve Subpart 25.6.
[Amended]
9. Amend section 25.1103 by
removing paragraph (c) and
redesignating paragraph (d) as
paragraph (c).
I
52.212–5
[Amended]
10. Amend section 52.212–5 by
revising the date of the clause to read
‘‘(April, 2006)’’; and in paragraph (b) of
the clause by removing and reserving
paragraphs (b)(27) and (b)(28).
I
Authority: Authority: 40 U.S.C. 121(c); 10
U.S.C. chapter 137; and 42 U.S.C. 2473(c).
PART 25—FOREIGN ACQUISITION
52.225–15 and 52.225–16
[Amended]
2. Amend section 25.001 by removing
paragraph (d).
I
25.002
6. Amend section 25.502 in paragraph
(a)(1) by removing the phrase
‘‘sanctioned (see Subpart 25.6),’’.
I 7. Amend section 25.503 by revising
paragraph (a)(1) to read as follows:
I
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 25 and 52 as set
forth below:
I 1. The authority citation for 48 CFR
parts 25 and 52 continues to read as
follows:
I
25.001
[Amended]
[Amended]
[Reserved]
11. Remove and reserve sections
52.225–15 and 52.225–16.
I
[FR Doc. 06–3684 Filed 4–18–06; 8:45 am]
BILLING CODE 6820–EP–S
3. Amend section 25.002 in the table
following the introductory paragraph by
removing the entry ‘‘25.6 Trade
Sanctions’’ and its corresponding line
item entries and adding ‘‘25.6
[Reserved]’’ in its place.
I
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25.003
[Amended]
4. Amend section 25.003 by removing
the definitions ‘‘Sanctioned European
Union country construction’’,
‘‘Sanctioned European Union country
end product’’, ‘‘Sanctioned European
Union country services’’, and
I
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GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 25 and 52
[FAC 2005–09; FAR Case 2006–001; Item
VIII; Docket FAR–2006–0020]
RIN 9000–AK45
Federal Acquisition Regulation; FAR
Case 2006–001, Free Trade
Agreements—Morocco
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Interim rule with request for
comments.
AGENCIES:
SUMMARY: The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council
(Councils) have agreed on an interim
rule amending the Federal Acquisition
Regulation (FAR) to implement the new
Free Trade Agreement with Morocco as
approved by Congress (Public Law 108–
302). This Free Trade Agreement went
into effect January 1, 2006.
DATES: Effective Date: April 19, 2006.
Comment Date: Interested parties
should submit written comments to the
FAR Secretariat on or before June 19,
2006 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments
identified by FAC 2005–09, FAR case
2006–001, by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Agency Web Site: https://
www.acqnet.gov/far/ProposedRules/
proposed.htm. Click on the FAR case
number to submit comments.
• E-mail: farcase.2006–001@gsa.gov.
Include FAC 2005–09, FAR case 2006–
001 in the subject line of the message.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(VIR), 1800 F Street, NW., Room 4035,
ATTN: Laurieann Duarte, Washington,
DC 20405.
Instructions: Please submit comments
only and cite FAC 2005–09, FAR case
2006–001, in all correspondence related
to this case. All comments received will
be posted without change to https://
www.acqnet.gov/far/ProposedRules/
proposed.htm, including any personal
and/or business confidential
information provided.
E:\FR\FM\19APR3.SGM
19APR3
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Federal Register / Vol. 71, No. 75 / Wednesday, April 19, 2006 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT For
clarification of content, contact Mr.
William Clark, Procurement Analyst, at
(202) 219–1813. Please cite FAC 2005–
09, FAR case 2006–001. For information
pertaining to status or publication
schedules, contact the FAR Secretariat
at (202) 501–4755.
SUPPLEMENTARY INFORMATION:
A. Background
This rule amends FAR Part 25 and the
clauses at FAR 52.212–5, Contract
Terms and Conditions Required to
Implement Statutes or Executive
Orders—Commercial Items, FAR
52.225–3, Buy American Act—Free
Trade Agreements—Israeli Trade Act,
FAR 52.225–5, Trade Agreements, FAR
52.225–11, Buy American Act—
Construction Materials under Trade
Agreements, and FAR 52.225–12, Notice
of Buy American Act Requirement—
Construction Materials under Trade
Agreements, to implement the new Free
Trade Agreement with Morocco, as
approved by Congress (Public Law 108–
302). This 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, applicable
to the acquisition of supplies and
services.
This is not a significant regulatory
action and, therefore, was not subject to
review under Section 6(b) of Executive
Order 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
B. Regulatory Flexibility Act
The interim rule is not expected 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.
Although the rule opens up Government
procurement to the products of
Morocco, the Councils do not anticipate
any significant economic impact on U.S.
small businesses. The Department of
Defense only applies the trade
agreements to the non-defense items
listed at DFARS 225.401–70, and
acquisitions that are set aside for small
businesses are exempt. Therefore, an
Initial Regulatory Flexibility Analysis
has not been performed. The Councils
will consider comments from small
entities concerning the affected FAR
Parts 25 and 52 in accordance with 5
U.S.C. 610.
Interested parties must submit such
comments separately and cite 5 U.S.C.
601, et seq. (FAC 2005–09, FAR case
2006–001), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
apply; however, these changes to the
FAR do not impose additional
information collection requirements to
the paperwork burden previously
approved under OMB Control Numbers
9000–0025 and 9000–0141.
D. Determination to Issue an Interim
Rule
A determination has been made under
the authority of the Secretary of Defense
(DoD), the Administrator of General
Services (GSA), and the Administrator
of the National Aeronautics and Space
Administration (NASA) that urgent and
compelling reasons exist to promulgate
this interim rule without prior
opportunity for public comment. This
action is necessary because the Free
Trade Agreement with Morocco, as
approved by Congress (Public Law 108–
302), went into effect January 1, 2006.
However, pursuant to Public Law 98–
577 and FAR 1.501, the Councils will
consider public comments received in
response to this interim rule in the
formation of the final rule.
List of Subjects in 48 CFR Parts 25 and
52
Government procurement.
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WTO GPA ....................................................................................................................
FTAs
Australia FTA ...........................................................................................................
Chile FTA .................................................................................................................
Morocco FTA ............................................................................................................
NAFTA
–Canada ............................................................................................................
–Mexico .............................................................................................................
Singapore FTA .........................................................................................................
Israeli Trade Act ..........................................................................................................
18:56 Apr 18, 2006
Jkt 208001
PO 00000
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 25 and 52 as set
forth below:
I 1. The authority citation for 48 CFR
parts 25 and 52 continues to read as
follows:
I
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
PART 25—FOREIGN ACQUISITION
25.003
[Amended]
2. Amend section 25.003, in
paragraph (2) of the definition
‘‘Designated country’’ and the definition
‘‘Free Trade Agreement country’’ by
adding ‘‘Morocco,’’ after ‘‘Mexico,’’.
I 3. Amend section 25.400 by—
I a. Removing from the end of
paragraph (a)(2)(iii) the word ‘‘and’’;
I b. Adding in paragraph (a)(2)(iv) the
word ‘‘and’’ at the end of the paragraph;
and
I c. Adding a new paragraph (a)(2)(v) to
read as follows:
I
25.400
Scope of Subpart.
(a) * * *
(2) * * *
(v) Morocco FTA (The United States—
Morocco Free Trade Agreement, as
approved by Congress in the United
States—Morocco Free Trade Agreement
Implementation Act (Pub. L. 108–302));
*
*
*
*
*
25.401
[Amended]
4. Amend section 25.401 in paragraph
(b), in the table heading, by removing
from the fifth column the text ‘‘Australia
FTA’’ and adding ‘‘Australia and
Morocco FTA’’ in its place.
I 5. Amend section 25.402 by revising
the table following paragraph (b) to read
as follows:
I
25.402
*
General.
*
*
(b) * * *
*
*
Supply Contract
(equal to or exceeding)
Trade Agreement
VerDate Aug<31>2005
Dated: April 12, 2006.
Gerald Zaffos,
Director, Contract Policy Division.
Frm 00015
Fmt 4701
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
193,000
7,407,000
7,407,000
7,407,000
25,000
64,786
64,786
$50,000
64,786
64,786
64,786
-
8,422,165
8,422,165
7,407,000
-
E:\FR\FM\19APR3.SGM
19APR3
20308
Federal Register / Vol. 71, No. 75 / Wednesday, April 19, 2006 / Rules and Regulations
BUY AMERICAN ACT—CONSTRUCTION
MATERIALS UNDER TRADE AGREEMENTS
‘‘(APR 2006)’’
*
*
*
*
(c) * * *
(3) * * * List in paragraph (b)(3) of
the clause all foreign construction
material excepted from the requirements
of the Buy American Act, unless the
excepted foreign construction material
is from a designated country other than
Mexico.
*
*
*
*
*
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
Alternate I ‘‘(APR 2006)’’. * * *
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.
the current practice. Instead, they will
be paid using either fast payment or
normal payment procedures. In
addition, the revision deletes the
requirement for marking invoices ‘‘No
Receiving Report Prepared.’’
DATES: Effective Date: May 19, 2006.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Mr.
Jeremy Olson, Procurement Analyst, at
(202) 501–3221. Please cite FAC 2005–
09, FAR case 2004–031. For information
pertaining to status or publication
schedules, contact the FAR Secretariat
at (202) 501–4755.
SUPPLEMENTARY INFORMATION:
*
A. Background
6. Amend section 25.1102 by revising
the second sentence of paragraph (c)(3)
to read as follows:
I
25.1102
*
Acquisition of construction.
*
52.212–5
7. Amend section 52.212–5 by
revising the date of the clause to read
‘‘(APR 2006)’’; and by removing from
paragraphs (b)(24)(i) and (b)(25) ‘‘(JAN
2006)’’ and adding ‘‘(APR 2006)’’ in its
place.
[Amended]
8. Amend section 52.225–3 by
revising the date of the clause to read
‘‘(APR 2006)’’; and in paragraph (c) by
adding to the first sentence ‘‘(except the
Morocco FTA)’’ after ‘‘FTAs’’.
I
52.225–5
[Amended]
9. Amend section 52.225–5 by
revising the date of the clause to read
‘‘(APR 2006)’’; and in paragraph (a), in
the definition ‘‘Designated country’’ by
adding to paragraph (2) ‘‘Morocco,’’
after ‘‘Mexico,’’.
I
52.225–11
[Amended]
10. Amend section 52.225–11 by—
a. Revising the date of the clause;
b. Adding to paragraph (a), in the
definition ‘‘Designated country’’ in
paragraph (2) ‘‘Morocco,’’ after
‘‘Mexico,’’;
I c. Removing from paragraph (b)(2)
‘‘domestic,’’ and adding ‘‘domestic or’’
in its place.
I d. Amending Alternate I by—
I 1. Revising the date of Alternate I;
I 2. Removing from the introductory
paragraph ‘‘Australian or Chilean’’ and
adding ‘‘Australian, Chilean, or
Moroccan’’ in its place;
I 3. Revising the definition ‘‘Australian
or Chilean construction material’’; and
I 4. Removing from paragraphs (b)(1)
and (b)(2) ‘‘Australian or Chilean’’ and
adding ‘‘Australian, Chilean, or
Moroccan’’ in its place.
I The revised text reads as follows:
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I
I
I
52.225–11 Buy American Act—
Construction Materials under Trade
Agreements.
*
*
*
VerDate Aug<31>2005
*
*
52.225–12
[Amended]
I
52.225–3
*
*
18:56 Apr 18, 2006
Jkt 208001
*
*
*
*
*
*
[Amended]
11. Amend section 52.225–12 by
revising the date of Alternate II to read
‘‘(APR 2006)’’; and by removing from
paragraphs (a), (d)(1) twice, and (d)(3)
twice ‘‘Australian or Chilean’’ and
adding ‘‘Australian, Chilean, or
Moroccan’’ in its place.
I
[FR Doc. 06–3685 Filed 4–18–06; 8:45 am]
BILLING CODE 6820–EP–S
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 52
[FAC 2005–09; FAR Case 2004–031; Item
IX; Docket FAR–2006–0020]
RIN 9000–AK24
Federal Acquisition Regulation; FAR
Case 2004–031, Fast Payment
Procedures
AGENCIES: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
SUMMARY: The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council
(Councils) have agreed on a final rule
amending the Federal Acquisition
Regulation (FAR) by revising fast
payment procedures. The revision
permits, but does not require, fast
payment when invoices and/or outer
shipping containers are not marked
‘‘Fast Pay’’ provided the contract
includes the ‘‘Fast Payment Procedure’’
clause. As highlighted in the clause, if
the clause is in the contract, the
invoices will no longer be rejected, as is
PO 00000
Frm 00016
Fmt 4701
Sfmt 4700
DoD, GSA, and NASA published a
proposed rule, FAR case 2004–031, at
70 FR 40279 on July 13, 2005, to obtain
comments on a proposal to amend the
policies and contract clause regarding
Fast Pay procedures. No comments were
submitted and the rule was converted to
a final rule without change from the
proposed rule. FAR 52.213–1, Fast
Payment Procedure, is revised to permit
acceptance and payment under invoices
that are not prominently marked ‘‘FAST
PAY.’’
This change provides the payment
office flexibility to make fast payments
when invoices and/or outer shipping
containers are not marked ‘‘FAST PAY.’’
The change permits, but does not
require, fast payment when invoices
and/or outer shipping containers are not
marked ‘‘FAST PAY’’ provided the
contract includes the ‘‘Fast Payment
Procedure’’ clause. However, if the
payment office decides to not process
invoices as ‘‘FAST PAY’’ because the
proper markings are not present, the
payment date will be the payment date
that would have applied had the ‘‘Fast
Payment Procedure’’ clause not been in
the contract. In this manner, an
unmarked invoice will not be rejected.
This change does not eliminate the
requirement for the contractor to
annotate an invoice ‘‘FAST PAY;’’ the
contractor remains at risk that fast
payment procedures will not be applied
unless the invoice is annotated
accordingly.
If a receiving report is not prepared,
it is imperative that the invoice includes
sufficient information to facilitate
follow-up verification that the item was
received. The FAR revision does not
eliminate that requirement for such
information on the invoice. However,
the revision does not require the
statement ‘‘No Receiving Report
Prepared’’ on the invoice.
This is not a significant regulatory
action and, therefore, was not subject to
E:\FR\FM\19APR3.SGM
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]]>Agencies
[Federal Register Volume 71, Number 75 (Wednesday, April 19, 2006)]
[Rules and Regulations]
[Pages 20306-20308]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3685]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 25 and 52
[FAC 2005-09; FAR Case 2006-001; Item VIII; Docket FAR-2006-0020]
RIN 9000-AK45
Federal Acquisition Regulation; FAR Case 2006-001, Free Trade
Agreements--Morocco
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on an interim
rule amending the Federal Acquisition Regulation (FAR) to implement the
new Free Trade Agreement with Morocco as approved by Congress (Public
Law 108-302). This Free Trade Agreement went into effect January 1,
2006.
DATES: Effective Date: April 19, 2006.
Comment Date: Interested parties should submit written comments to
the FAR Secretariat on or before June 19, 2006 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments identified by FAC 2005-09, FAR case 2006-
001, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Agency Web Site: https://www.acqnet.gov/far/ProposedRules/
proposed.htm. Click on the FAR case number to submit comments.
E-mail: farcase.2006-001@gsa.gov. Include FAC 2005-09, FAR
case 2006-001 in the subject line of the message.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VIR), 1800 F Street, NW., Room 4035, ATTN: Laurieann
Duarte, Washington, DC 20405.
Instructions: Please submit comments only and cite FAC 2005-09, FAR
case 2006-001, in all correspondence related to this case. All comments
received will be posted without change to https://www.acqnet.gov/far/
ProposedRules/proposed.htm, including any personal and/or business
confidential information provided.
[[Page 20307]]
FOR FURTHER INFORMATION CONTACT For clarification of content, contact
Mr. William Clark, Procurement Analyst, at (202) 219-1813. Please cite
FAC 2005-09, FAR case 2006-001. For information pertaining to status or
publication schedules, contact the FAR Secretariat at (202) 501-4755.
SUPPLEMENTARY INFORMATION:
A. Background
This rule amends FAR Part 25 and the clauses at FAR 52.212-5,
Contract Terms and Conditions Required to Implement Statutes or
Executive Orders--Commercial Items, FAR 52.225-3, Buy American Act--
Free Trade Agreements--Israeli Trade Act, FAR 52.225-5, Trade
Agreements, FAR 52.225-11, Buy American Act--Construction Materials
under Trade Agreements, and FAR 52.225-12, Notice of Buy American Act
Requirement--Construction Materials under Trade Agreements, to
implement the new Free Trade Agreement with Morocco, as approved by
Congress (Public Law 108-302). This 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, applicable to the acquisition
of supplies and services.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The interim rule is not expected 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. Although the rule
opens up Government procurement to the products of Morocco, the
Councils do not anticipate any significant economic impact on U.S.
small businesses. The Department of Defense only applies the trade
agreements to the non-defense items listed at DFARS 225.401-70, and
acquisitions that are set aside for small businesses are exempt.
Therefore, an Initial Regulatory Flexibility Analysis has not been
performed. The Councils will consider comments from small entities
concerning the affected FAR Parts 25 and 52 in accordance with 5 U.S.C.
610.
Interested parties must submit such comments separately and cite 5
U.S.C. 601, et seq. (FAC 2005-09, FAR case 2006-001), in
correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does apply; however, these changes to
the FAR do not impose additional information collection requirements to
the paperwork burden previously approved under OMB Control Numbers
9000-0025 and 9000-0141.
D. Determination to Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense (DoD), the Administrator of General Services (GSA), and the
Administrator of the National Aeronautics and Space Administration
(NASA) that urgent and compelling reasons exist to promulgate this
interim rule without prior opportunity for public comment. This action
is necessary because the Free Trade Agreement with Morocco, as approved
by Congress (Public Law 108-302), went into effect January 1, 2006.
However, pursuant to Public Law 98-577 and FAR 1.501, the Councils will
consider public comments received in response to this interim rule in
the formation of the final rule.
List of Subjects in 48 CFR Parts 25 and 52
Government procurement.
Dated: April 12, 2006.
Gerald Zaffos,
Director, Contract Policy Division.
0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 25 and 52 as set forth
below:
0
1. The authority citation for 48 CFR parts 25 and 52 continues to read
as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 25--FOREIGN ACQUISITION
25.003 [Amended]
0
2. Amend section 25.003, in paragraph (2) of the definition
``Designated country'' and the definition ``Free Trade Agreement
country'' by adding ``Morocco,'' after ``Mexico,''.
0
3. Amend section 25.400 by--
0
a. Removing from the end of paragraph (a)(2)(iii) the word ``and'';
0
b. Adding in paragraph (a)(2)(iv) the word ``and'' at the end of the
paragraph; and
0
c. Adding a new paragraph (a)(2)(v) to read as follows:
25.400 Scope of Subpart.
(a) * * *
(2) * * *
(v) Morocco FTA (The United States--Morocco Free Trade Agreement,
as approved by Congress in the United States--Morocco Free Trade
Agreement Implementation Act (Pub. L. 108-302));
* * * * *
25.401 [Amended]
0
4. Amend section 25.401 in paragraph (b), in the table heading, by
removing from the fifth column the text ``Australia FTA'' and adding
``Australia and Morocco FTA'' in its place.
0
5. Amend section 25.402 by revising the table following paragraph (b)
to read as follows:
25.402 General.
* * * * *
(b) * * *
----------------------------------------------------------------------------------------------------------------
Supply Contract Service Contract Construction
Trade Agreement (equal to or (equal to or Contract (equal
exceeding) exceeding) to or exceeding)
----------------------------------------------------------------------------------------------------------------
WTO GPA................................................... $193,000 $193,000 $7,407,000
FTAs...................................................... ................ ................ ................
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
NAFTA.................................................... ................ ................
-Canada.................................................. 25,000 64,786 8,422,165
-Mexico.................................................. 64,786 64,786 8,422,165
Singapore FTA............................................ 64,786 64,786 7,407,000
Israeli Trade Act......................................... $50,000 - -
----------------------------------------------------------------------------------------------------------------
[[Page 20308]]
0
6. Amend section 25.1102 by revising the second sentence of paragraph
(c)(3) to read as follows:
25.1102 Acquisition of construction.
* * * * *
(c) * * *
(3) * * * List in paragraph (b)(3) of the clause all foreign
construction material excepted from the requirements of the Buy
American Act, unless the excepted foreign construction material is from
a designated country other than Mexico.
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
52.212-5 [Amended]
0
7. Amend section 52.212-5 by revising the date of the clause to read
``(APR 2006)''; and by removing from paragraphs (b)(24)(i) and (b)(25)
``(JAN 2006)'' and adding ``(APR 2006)'' in its place.
52.225-3 [Amended]
0
8. Amend section 52.225-3 by revising the date of the clause to read
``(APR 2006)''; and in paragraph (c) by adding to the first sentence
``(except the Morocco FTA)'' after ``FTAs''.
52.225-5 [Amended]
0
9. Amend section 52.225-5 by revising the date of the clause to read
``(APR 2006)''; and in paragraph (a), in the definition ``Designated
country'' by adding to paragraph (2) ``Morocco,'' after ``Mexico,''.
52.225-11 [Amended]
0
10. Amend section 52.225-11 by--
0
a. Revising the date of the clause;
0
b. Adding to paragraph (a), in the definition ``Designated country'' in
paragraph (2) ``Morocco,'' after ``Mexico,'';
0
c. Removing from paragraph (b)(2) ``domestic,'' and adding ``domestic
or'' in its place.
0
d. Amending Alternate I by--
0
1. Revising the date of Alternate I;
0
2. Removing from the introductory paragraph ``Australian or Chilean''
and adding ``Australian, Chilean, or Moroccan'' in its place;
0
3. Revising the definition ``Australian or Chilean construction
material''; and
0
4. Removing from paragraphs (b)(1) and (b)(2) ``Australian or Chilean''
and adding ``Australian, Chilean, or Moroccan'' in its place.
0
The revised text reads as follows:
52.225-11 Buy American Act--Construction Materials under Trade
Agreements.
* * * * *
BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS ``(APR
2006)''
* * * * *
Alternate I ``(APR 2006)''. * * *
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.
* * * * *
52.225-12 [Amended]
0
11. Amend section 52.225-12 by revising the date of Alternate II to
read ``(APR 2006)''; and by removing from paragraphs (a), (d)(1) twice,
and (d)(3) twice ``Australian or Chilean'' and adding ``Australian,
Chilean, or Moroccan'' in its place.
[FR Doc. 06-3685 Filed 4-18-06; 8:45 am]
BILLING CODE 6820-EP-S
