Federal Acquisition Regulation; FAR Case 2008-021, Least Developed Countries that are Designated Countries, 11828-11829 [E9-5867]

Download as PDF 11828 22.404–5 Federal Register / Vol. 74, No. 52 / Thursday, March 19, 2009 / Rules and Regulations [Amended] at FAR 25.003 and (b) the definition of ‘‘designated country’’ in the clauses at FAR 52.225–5, Trade Agreements, and 52.225–11, Buy American Act— Construction Materials Under Trade Agreements. 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. 2. Amend section 22.404–5 in paragraph (c)(3) by removing ‘‘submitted proposals’’ and adding ‘‘have not been eliminated from the competition’’ in its place. ■ [FR Doc. E9–5873 Filed 3–17–09; 8:45 am] BILLING CODE 6820–EP–S DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 25 and 52 [FAC 2005–31; FAR Case 2008–021; Item IV; Docket 2009-0005; Sequence 1] RIN 9000–AL16 Federal Acquisition Regulation; FAR Case 2008–021, Least Developed Countries that are Designated Countries AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to implement a revision by the United States Trade Representative (USTR) to the list of Least Developed Countries that are designated countries under the Trade Agreements Act of 1979. DATES: Effective Date: March 19, 2009. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Ms. Meredith Murphy, Procurement Analyst, at (202) 208–6925. For information pertaining to status or publication schedules, contact the FAR Secretariat at (202) 501–4755. Please cite FAC 2005–31, FAR case 2008–021. SUPPLEMENTARY INFORMATION: SUMMARY: pwalker on PROD1PC71 with RULES2 The list of Least Developed Countries is derived from a United Nations list of Least Developed Countries. The USTR has revised the list of Least Developed Countries that are designated as eligible countries under the Trade Agreements Act of 1979, as amended, to add Liberia and to remove Cape Verde. This final rule amends the FAR to revise (a) the definitions of ‘‘designated country’’ and ‘‘least developed country’’ 17:29 Mar 18, 2009 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. Chapter 35, et seq. List of Subjects in 48 CFR Parts 25 and 52 Government procurement. Dated: March 13, 2009. Al Matera, Director, Office of Acquisition Policy. Therefore, DoD, GSA, and NASA amend 48 CFR parts 25 and 52 as set forth below: ■ 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 2. Amend section 25.003 by revising paragraph (3) of the definition ‘‘Designated country’’ and the definition ‘‘Least developed country’’ to read as follows: ■ A. Background VerDate Nov<24>2008 B. Regulatory Flexibility Act The Regulatory Flexibility Act does not apply to this rule. This final rule does not constitute a significant FAR revision within the meaning of FAR 1.501 and Pub. L. 98–577, and publication for public comments is not required. However, 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 should cite 5 U.S.C. 601, et seq. (FAC 2005–31, FAR case 2008–021), in correspondence. Jkt 217001 25.003 Definitions. * * * * * Designated country means any of the following countries: * * * * * (3) A least developed country (Afghanistan, Angola, Bangladesh, PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or * * * * * Least developed country means any of the following countries: Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia. * * * * * PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 3. Amend section 52.212–5 by revising the date of the clause and paragraph (b)(31) 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 (MAR 2009) * * * (b) * * * * * ll (31) 52.225–5, Trade Agreements (MAR 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). * * * * * 4. Amend section 52.225-5 by revising the date of the clause and in paragraph (a) in the definition ‘‘Designated country’’, revising paragraph (3) to read as follows: ■ 52.225–5 * * Trade Agreements. * * * TRADE AGREEMENTS (MAR 2009) (a) * * * Designated Country * * * (3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, E:\FR\FM\19MRR2.SGM 19MRR2 Federal Register / Vol. 74, No. 52 / Thursday, March 19, 2009 / Rules and Regulations Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or * * * * * 5. Amend section 52.225-11 by revising the date of the clause and in paragraph (a) in the definition ‘‘Designated country’’, revising paragraph (3) to read as follows: ■ 52.225–11 Buy American Act— Construction Materials Under Trade Agreements. * * * * * BUY AMERICAN ACT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAR 2009) (a) * * * Designated Country * * * (3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or * * * * * [FR Doc. E9–5867 Filed 3–18–09; 8:45 am] BILLING CODE 6820–EP–S DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 26, 31, and 52 [FAC 2005–31; FAR Case 2008–017; Item V; Docket 2009-0007, Sequence 1] RIN 9000–AL15 Federal Acquisition Regulation; FAR Case 2008–017, Federal Food Donation Act of 2008 pwalker on PROD1PC71 with RULES2 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 VerDate Nov<24>2008 17:29 Mar 18, 2009 Jkt 217001 Federal Food Donation Act of 2008 (Pub. L. 110–247) which encourages executive agencies and their contractors, in contracts for the provision, service, or sale of food, to the maximum extent practicable and safe, to donate apparently wholesome excess food to nonprofit organizations that provide assistance to food-insecure people in the United States. DATES: Effective Date: March 19, 2009. Comment Date: Interested parties should submit written comments to the FAR Secretariat on or before May 18, 2009 to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified by FAC 2005–31, FAR case 2008–017, by any of the following methods: • Regulations.gov: http:// www.regulations.gov.Submit comments via the Federal eRulemaking portal by inputting ‘‘FAR Case 2008–017’’ under the heading ‘‘Comment or Submission’’. Select the link ‘‘Send a Comment or Submission’’ that corresponds with FAR Case 2008–017. Follow the instructions provided to complete the ‘‘Public Comment and Submission Form’’. Please include your name, company name (if any), and ‘‘FAR Case 2008– 017’’ on your attached document. • Fax: 202–501–4067. • Mail: General Services Administration, Regulatory Secretariat (VPR), 1800 F Street, NW., Room 4041, ATTN: Hada Flowers, Washington, DC 20405. Instructions: Please submit comments only and cite FAC 2005–31, FAR case 2008–017, in all correspondence related to this case. All comments received will be posted without change to http:// www.regulations.gov, including any personal and/or business confidential information provided. FOR FURTHER INFORMATION CONTACT: Michael Jackson, Procurement Analyst, at (202) 208–4949 for clarification of content. For information pertaining to status or publication schedules, contact the FAR Secretariat at (202) 501–4755. Please cite FAR case 2008–017. SUPPLEMENTARY INFORMATION: A. Background The Federal Food Donation Act of 2008 (Pub. L. 110–247) (Act) encourages Federal agencies and their contractors to donate excess food to nonprofit organizations serving the needy. The Act requires Federal contracts above $25,000 for the provision, service, or sale of food in the United States, to include a clause that encourages, but does not require, the donation of excess food to nonprofit organizations. The Act PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 11829 would also extend to the Government and the contractor, when donating food, the same civil or criminal liability protection provided to donors of food under the Bill Emerson Good Samaritan Food Donation Act of 1996. The interim rule is applicable to contracts above $25,000 (greater than $25,000) for the provision, service, or sale of food in the United States (i.e., food supply or food service). The type of solicitations and contract actions anticipated to be applicable to this law will mostly be for fixed-price commercial services; however, there may be circumstances when a noncommercial and/or cost reimbursement requirement may apply. For example, on an indefinite-delivery, indefinite-quantity (IDIQ) cost reimbursement contract for logistical support to be performed in the United States, there may be a task order needed to provide food service to feed personnel. This FAR change applies to solicitations issued on or after the effective date of this interim rule (see FAR 1.108(d)). Agencies will have to update their automated contract systems to include the clause if the contract calls for the provision, service, or sale of food in the United States. The statute instructed that the FAR be revised to cover the lease or rental of Federal property to a private entity for events at which food is provided in the United States. However, the FAR covers the acquisition of supplies and services (FAR 1.104), but does not cover the outlease of real property. The GSA has jurisdiction over changes to the Federal Management Regulation (FMR) and we anticipate a change in the FMR to address this requirement. The proposed revisions are to the FAR parts 26, 31, and 52. The detailed explanation of the interim rule follows: 1. Part 26—Other Socioeconomic Programs: Adds a new Subpart 26.4, Food Donations to Nonprofit Organizations. a. The Councils anticipate that the majority of solicitation and contract actions that may be applicable to this Act are fixed-price commercial services; therefore, Subpart 26.4 is the most appropriate place to implement this Act. This subpart applies to all contracts greater than $25,000 for the provision, service, or sale of food in the United States. Executive agencies and contractors are encouraged to donate excess, apparently wholesome food to nonprofit organizations that provide assistance to food-insecure people in the United States. Instead of using ‘‘above $25,000’’ as stated in the Act, the rule uses ‘‘greater than $25,000’’ which is used throughout the FAR. E:\FR\FM\19MRR2.SGM 19MRR2

Agencies

[Federal Register Volume 74, Number 52 (Thursday, March 19, 2009)]
[Rules and Regulations]
[Pages 11828-11829]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5867]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 25 and 52

[FAC 2005-31; FAR Case 2008-021; Item IV; Docket 2009-0005; Sequence 1]
RIN 9000-AL16


Federal Acquisition Regulation; FAR Case 2008-021, Least 
Developed Countries that are Designated Countries

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) to implement a 
revision by the United States Trade Representative (USTR) to the list 
of Least Developed Countries that are designated countries under the 
Trade Agreements Act of 1979.

DATES: Effective Date: March 19, 2009.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Ms. Meredith Murphy, Procurement Analyst, at (202) 208-6925. For 
information pertaining to status or publication schedules, contact the 
FAR Secretariat at (202) 501-4755. Please cite FAC 2005-31, FAR case 
2008-021.

SUPPLEMENTARY INFORMATION:

A. Background

    The list of Least Developed Countries is derived from a United 
Nations list of Least Developed Countries. The USTR has revised the 
list of Least Developed Countries that are designated as eligible 
countries under the Trade Agreements Act of 1979, as amended, to add 
Liberia and to remove Cape Verde.
    This final rule amends the FAR to revise (a) the definitions of 
``designated country'' and ``least developed country'' at FAR 25.003 
and (b) the definition of ``designated country'' in the clauses at FAR 
52.225-5, Trade Agreements, and 52.225-11, Buy American Act--
Construction Materials Under Trade Agreements.
    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 Regulatory Flexibility Act does not apply to this rule. This 
final rule does not constitute a significant FAR revision within the 
meaning of FAR 1.501 and Pub. L. 98-577, and publication for public 
comments is not required. However, 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 should cite 5 U.S.C. 601, et seq. (FAC 2005-31, 
FAR case 2008-021), 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. 
Chapter 35, et seq.

List of Subjects in 48 CFR Parts 25 and 52

    Government procurement.

    Dated: March 13, 2009.
Al Matera,
Director, Office of Acquisition Policy.

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

0
2. Amend section 25.003 by revising paragraph (3) of the definition 
``Designated country'' and the definition ``Least developed country'' 
to read as follows:


25.003  Definitions.

* * * * *
    Designated country means any of the following countries:
* * * * *
    (3) A least developed country (Afghanistan, Angola, Bangladesh, 
Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African 
Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East 
Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-
Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, 
Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, 
Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, 
Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or
* * * * *
    Least developed country means any of the following countries: 
Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, 
Cambodia, Central African Republic, Chad, Comoros, Democratic Republic 
of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, 
Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, 
Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, 
Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, 
Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, 
Yemen, or Zambia.
* * * * *

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. Amend section 52.212-5 by revising the date of the clause and 
paragraph (b)(31) 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 (MAR 2009)
* * * * *
    (b) * * *
    ---- (31) 52.225-5, Trade Agreements (MAR 2009) (19 U.S.C. 2501, 
et seq., 19 U.S.C. 3301 note).
* * * * *

0
4. Amend section 52.225-5 by revising the date of the clause and in 
paragraph (a) in the definition ``Designated country'', revising 
paragraph (3) to read as follows:


52.225-5  Trade Agreements.

* * * * *
    TRADE AGREEMENTS (MAR 2009)
    (a) * * *
    Designated Country * * *
    (3) A least developed country (Afghanistan, Angola, Bangladesh, 
Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African 
Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, 
East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia,

[[Page 11829]]

Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, 
Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, 
Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, 
Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, 
Yemen, or Zambia); or
* * * * *

0
5. Amend section 52.225-11 by revising the date of the clause and in 
paragraph (a) in the definition ``Designated country'', revising 
paragraph (3) to read as follows:


52.225-11  Buy American Act--Construction Materials Under Trade 
Agreements.

* * * * *
    BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS 
(MAR 2009)
    (a) * * *
    Designated Country * * *
    (3) A least developed country (Afghanistan, Angola, Bangladesh, 
Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African 
Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, 
East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, 
Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, 
Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, 
Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon 
Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or 
Zambia); or
* * * * *
[FR Doc. E9-5867 Filed 3-18-09; 8:45 am]
BILLING CODE 6820-EP-S