Federal Acquisition Regulation; FAR Case 2009-014, New Designated Country-Taiwan, 40461-40463 [E9-19164]
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Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Rules and Regulations
this clause therefore provide some
mechanism for dealing with the
potential required price adjustment. The
Councils have been advised that use of
these clauses for time-and-materials and
labor-hour service contracts is already
widespread. Uniform use of the
appropriate clause will ensure
consistency in the adjustment method
for any required increase in wage rate,
but should not have a significant cost
impact.
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 22 and
52
Government procurement.
Dated: August 4, 2009.
Al Matera,
Director, Office of Acquisition Policy.
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 22 and 52 as set
forth below:
■ 1. The authority citation for 48 CFR
parts 22 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).
2. Amend section 22.1006 by
removing from paragraphs (c)(1) and
(c)(2) ‘‘fixed-price’’ and adding ‘‘fixedprice, time-and-materials, or laborhour’’ in its place.
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
[Amended]
3. Amend section 52.212–5 by
removing from the date of the clause
‘‘(June 2009)’’ and adding ‘‘(Sep 2009)’’
in its place; by removing from paragraph
(c)(3) ‘‘(Nov 2006)’’ and adding ‘‘(Sep
2009)’’ in its place; and by removing
from paragraph (c)(4) ‘‘(Feb 2002)’’ and
adding ‘‘(Sep 2009)’’ in its place.
■ 4. Amend section 52.222–43 by
revising the date of the clause,
introductory text in paragraph (d), and
the third and fourth sentences of
paragraph (f) to read as follows:
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*
*
*
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
*
48 CFR Parts 22, 25, and 52
*
*
*
*
(d) The contract price, contract unit
price labor rates, or fixed hourly labor
rates will be adjusted to reflect the
Contractor’s actual increase or decrease
in applicable wages and fringe benefits
to the extent that the increase is made
to comply with or the decrease is
voluntarily made by the Contractor as a
result of:
*
*
*
*
*
(f) * * * The notice shall contain a
statement of the amount claimed and
the change in fixed hourly rates (if this
is a time-and-materials or labor-hour
contract), and any relevant supporting
data, including payroll records, that the
Contracting Officer may reasonably
require. Upon agreement of the parties,
the contract price, contract unit price
labor rates, or fixed hourly rates shall be
modified in writing. * * *
*
*
*
*
*
■ 5. Amend section 52.222–44 by
revising the date of the clause,
introductory text of paragraph (c), and
the third and fourth sentences of
paragraph (e) to read as follows:
*
*
*
*
FAIR LABOR STANDARDS ACT AND
SERVICE CONTRACT ACT—PRICE
ADJUSTMENT (Sep 2009)
[Amended]
■
*
DEPARTMENT OF DEFENSE
FAIR LABOR STANDARDS ACT AND
SERVICE CONTRACT ACT—PRICE
ADJUSTMENT (MULTIPLE YEAR AND
OPTION CONTRACTS) (Sep 2009)
*
■
52.212–5
*
52.222–44 Fair Labor Standards Act and
Service Contract Act—Price Adjustment.
PART 22—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITIONS
22.1006
52.222–43 Fair Labor Standards Act and
Service Contract Act—Price Adjustment
(Multiple Year and Option Contracts).
40461
*
*
*
*
*
(c) The contract price, contract unit
price labor rates, or fixed hourly labor
rates will be adjusted to reflect increases
or decreases by the Contractor in wages
and fringe benefits to the extent that
these increases or decreases are made to
comply with—
*
*
*
*
*
(e) * * * The notice shall contain a
statement of the amount and the change
in fixed hourly rates (if this is a timeand-materials or labor-hour contract)
claimed and any relevant supporting
data that the Contracting Officer may
reasonably require. Upon agreement of
the parties, the contract price, contract
unit price labor rates, or fixed hourly
rates shall be modified in writing. * *
*
*
*
*
*
*
[FR Doc. E9–19163 Filed 8–10–09; 8:45 am]
BILLING CODE 6820–EP–S
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[FAC 2005–36; FAR Case 2009–014; Item
III; Docket 2009–0027, Sequence 1]
RIN 9000–AL34
Federal Acquisition Regulation; FAR
Case 2009–014, New Designated
Country—Taiwan
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 add Taiwan (known
in the World Trade Organization as ‘‘the
Separate Customs Territory of Taiwan,
Penghu, Kinmen and Matsu (Chinese
Taipei))’’ as a designated country, due to
the accession of Taiwan to membership
in the World Trade Organization
Agreement on Government
Procurement.
Effective Date: August 11, 2009.
Comment Date: Interested parties
should submit written comments to the
Regulatory Secretariat on or before
October 13, 2009 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments
identified by FAC 2005–36, FAR case
2009–014, by any of the following
methods:
• Regulations.gov: https://
www.regulations.gov.
Submit comments via the Federal
eRulemaking portal by inputting ‘‘FAR
Case 2009–014’’ under the heading
‘‘Comment or Submission’’. Select the
link ‘‘Send a Comment or Submission’’
that corresponds with FAR Case 2009–
014. Follow the instructions provided to
complete the ‘‘Public Comment and
Submission Form’’. Please include your
name, company name (if any), and
‘‘FAR Case 2009–014’’ 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.
DATES:
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40462
Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Rules and Regulations
Instructions: Please submit comments
only and cite FAC 2005–36, FAR case
2009–014, in all correspondence related
to this case. All comments received will
be posted without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
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 FAR Case 2009–014.
SUPPLEMENTARY INFORMATION:
srobinson on DSKHWCL6B1PROD with RULES5
A. Background
On July 15, 2009, Taiwan became a
designated country based on its
accession to the World Trade
Organization Agreement on Government
Procurement. This interim rule adds
Taiwan to the list of World Trade
Organization Government Procurement
Agreement countries in FAR 22.1503,
25.003, 52.222–19, 52.225–5, 52.225–11,
and 52.225–23.
This is a significant regulatory action
and, therefore, was 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 goods and services
of Taiwan, 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 Defense Federal
Acquisition Regulation Supplement
(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 22,
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 2005–36, FAR
case 2009–014), in all 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
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the paperwork burden previously
approved under OMB Control Number
9000–0141, Buy American Act—
Construction. The interim rule affects
the certification and information
collection requirement in the clause at
FAR 52.225–11. The impact, however, is
negligible.
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 this interim
rule implements the designation of
Taiwan under the World Trade
Organization Agreement on Government
Procurement, which took effect on July
15, 2009. However, pursuant to Pub. L.
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 22, 25,
and 52
Government procurement.
Dated: August 4, 2009.
Al Matera,
Director, Office of Acquisition Policy.
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 42 U.S.C. 2473(c).
PART 22—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITIONS
22.1503
[Amended]
2. Amend section 22.1503 in
paragraph (b)(4) by removing
‘‘Switzerland,’’ and adding
‘‘Switzerland, Taiwan,’’ in its place.
■
PART 25—FOREIGN ACQUISITIONS
3. Amend section 25.003 by—
a. Revising paragraph (1) in the
definition ‘‘Designated country’’ ; and
■ b. Removing from the definition
‘‘World Trade Organization Government
Procurement Agreement (WTO GPA)
country’’ the words ‘‘Switzerland,’’ and
adding ‘‘Switzerland, Taiwan,’’ in its
place.
■ The revised text reads as follows:
■
■
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25.003
Definitions.
*
*
*
*
*
Designated country * * *
(1)A World Trade Organization
Government Procurement Agreement
country (Aruba, Austria, Belgium,
Bulgaria, Canada, Cyprus, Czech
Republic, Denmark, Estonia, Finland,
France, Germany, Greece, Hong Kong,
Hungary, Iceland, Ireland, Israel, Italy,
Japan, Korea (Republic of), Latvia,
Liechtenstein, Lithuania, Luxembourg,
Malta, Netherlands, Norway, Poland,
Portugal, Romania, Singapore, Slovak
Republic, Slovenia, Spain, Sweden,
Switzerland, Taiwan (known in the
World Trade Organization as ‘‘the
Separate Customs Territory of Taiwan,
Penghu, Kinmen and Matsu’’ (Chinese
Taipei)) or United Kingdom);
*
*
*
*
*
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
4. Amend section 52.212–5 by
revising the date of the clause, and
paragraphs (b)(20) and (b)(33) 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 (Aug 09)
*
*
*
*
*
(b) * * *
ll (20) 52.222–19, Child Labor—
Cooperation with Authorities and
Remedies (Aug 09) (E.O. 13126).
*
*
*
*
*
ll (33) 52.225–5, Trade Agreements
(Aug 09) (19 U.S.C. 2501, et seq., 19
U.S.C. 3301 note).
*
*
*
*
*
■ 5. Amend section 52.213–4 by
revising the date of the clause, and
paragraph (b)(1)(i) 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)(Aug 09)
*
*
*
*
*
(b) * * *
(1) * * *
(i) 52.222–19, Child Labor—
Cooperation with Authorities and
Remedies (Aug 09) (E.O. 13126).
(Applies to contracts for supplies
exceeding the micro-purchase
threshold.)
*
*
*
*
*
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Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Rules and Regulations
52.222–19
[Amended]
DEPARTMENT OF DEFENSE
6. Amend section 52.222–19 by
removing from the clause heading ‘‘(Feb
2008)’’ and adding ‘‘(Aug 09)’’ in its
place; and removing from paragraph
(a)(4) ‘‘Switzerland,’’ and adding
‘‘Switzerland, Taiwan,’’ in its place.
■ 7. Amend section 52.225–5 by
revising the date of the clause; and in
paragraph (a), in the definition
‘‘Designated Country’’, revising
paragraph (1) to read as follows:
■
52.225–5
*
*
*
*
TRADE AGREEMENTS (Aug 09)
(a) Definitions. * * *
Designated country * * *
(1) A World Trade Organization
Government Procurement Agreement
country (Aruba, Austria, Belgium,
Bulgaria, Canada, Cyprus, Czech
Republic, Denmark, Estonia, Finland,
France, Germany, Greece, Hong Kong,
Hungary, Iceland, Ireland, Israel, Italy,
Japan, Korea (Republic of), Latvia,
Liechtenstein, Lithuania, Luxembourg,
Malta, Netherlands, Norway, Poland,
Portugal, Romania, Singapore, Slovak
Republic, Slovenia, Spain, Sweden,
Switzerland, Taiwan (known in the
World Trade Organization as ‘‘the
Separate Customs Territory of Taiwan,
Penghu, Kinmen and Matsu (Chinese
Taipei))’’, or United Kingdom);
*
*
*
*
*
52.225–11
[Amended]
8. Amend section 52.225–11 by
removing from the clause heading
‘‘(June 2009)’’ and adding ‘‘(Aug 09)’’ in
its place; and in paragraph (a), in the
definition ‘‘Designated country’’,
removing from paragraph (1)
‘‘Switzerland,’’ and adding
‘‘Switzerland, Taiwan,’’ in its place.
■
52.225–23
[Amended]
9. Amend section 52.225–23 by
removing from the clause heading ‘‘(Mar
2009)’’ and adding ‘‘(Aug 09)’’ in its
place; and in paragraph (a), in the
definition ‘‘Recovery Act designated
country’’, removing from paragraph (1)
‘‘Switzerland,’’ and adding
‘‘Switzerland, Taiwan,’’ in its place.
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■
[FR Doc. E9–19164 Filed 8–10–09; 8:45 am]
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NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 4, 15, 25, and 52
[FAC 2005–36; FAR Case 2008–004; Item
IV; Docket 2008–0001; Sequence 21]
RIN 9000–AL01
Federal Acquisition Regulation; FAR
Case 2008–004, Prohibition on
Restricted Business Operations in
Sudan and Imports from Burma
Trade Agreements.
*
GENERAL SERVICES
ADMINISTRATION
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 Section
6 of the Sudan Accountability and
Divestment Act of 2007. Section 6
requires certification in each contract
entered into by an Executive Agency
that the contractor does not conduct
certain business operations in Sudan. In
addition, the Councils added Burma to
the list of countries from which most
imports are prohibited. This action was
taken in accordance with Executive
Order (E.O.) 13310, Blocking Property of
the Government of Burma and
Prohibiting Certain Transactions, and
E.O. 13448, Blocking the Property and
Prohibiting Certain Transactions Related
to Burma.
DATES: Effective Date: August 11, 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
Regulatory Secretariat at (202) 501–
4755. Please cite FAC 2005–36, FAR
case 2008–004.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule amends the Federal
Acquisition Regulation (FAR) to
implement Section 6 of the Sudan
Accountability and Divestment Act of
2007, which was signed on December
31, 2007.
DoD, GSA, and NASA published an
interim rule in the Federal Register at
73 FR 33636 on June 12, 2008. The
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40463
public comment period ended August
11, 2008.
This rule amends the FAR to
implement Section 6 of the Sudan
Accountability and Divestment Act of
2007 (the Act), which requires
certification in each contract entered
into by an executive agency that the
contractor does not conduct certain
business operations in Sudan. In
addition, the Councils added Burma to
the list of countries from which most
imports are prohibited.
B. Discussion and Analysis.
The FAR Secretariat received five (5)
responses to the interim rule. These
responses included a total of 16
comments on 11 issues. A sixth
response was simply a copy of the
statute and was not counted as a
comment. All of the responses
concerned the implementation of the
Act; there were no comments on the
addition of Burma to the list of
prohibited countries. Each issue is
discussed in the following sections.
No public comments were received
regarding the portion of the interim rule
addressing Burma. Therefore, that part
of the interim rule is unchanged (see the
Federal Register at 73 FR 33636 dated
June 12, 2008).
1. Delete the definition of ‘‘person’’
and other issues with definitions.
Comment: a. Two respondents
recommended that the final rule delete
the definition of ‘‘person.’’ The
respondents point out that Section 2 of
the Act, which defines the key terms in
the Act, does not define ‘‘contractor’’
but does define ‘‘person.’’ The term
person, however, is used frequently in
Section 3 of the Act, which addresses
divestiture by State and local
governments (not a subject of the FAR
coverage), but it is not used at all in
Section 6 of the Act, which the FAR is
implementing. The respondents point
out that, had the Congress intended
‘‘person’’ and ‘‘contractor’’ to be
synonymous, it should have defined
them so, and one respondent points out
portions of the legislative history that
reinforce its conclusion that the
congressional intent was to have a
different meaning for each term.
b. In addition, one respondent
requested that the definition of
‘‘restricted business operations’’ at FAR
sections 25.702–1 and 52.225–20 either
delete the phrase ‘‘as those terms are
defined in the Sudan Accountability
and Divestment Act of 2007 (Pub. L.
110–174)’’ or replace ‘‘defined in’’ with
the phrase ‘‘described in Section 3(d)
of’’.
c. Last, a respondent reminded the
Councils that in the ‘‘definition of the
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[Federal Register Volume 74, Number 153 (Tuesday, August 11, 2009)]
[Rules and Regulations]
[Pages 40461-40463]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19164]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 22, 25, and 52
[FAC 2005-36; FAR Case 2009-014; Item III; Docket 2009-0027, Sequence
1]
RIN 9000-AL34
Federal Acquisition Regulation; FAR Case 2009-014, New Designated
Country--Taiwan
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 add Taiwan
(known in the World Trade Organization as ``the Separate Customs
Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei))'' as a
designated country, due to the accession of Taiwan to membership in the
World Trade Organization Agreement on Government Procurement.
DATES: Effective Date: August 11, 2009.
Comment Date: Interested parties should submit written comments to
the Regulatory Secretariat on or before October 13, 2009 to be
considered in the formulation of a final rule.
ADDRESSES: Submit comments identified by FAC 2005-36, FAR case 2009-
014, by any of the following methods:
Regulations.gov: https://www.regulations.gov.
Submit comments via the Federal eRulemaking portal by inputting
``FAR Case 2009-014'' under the heading ``Comment or Submission''.
Select the link ``Send a Comment or Submission'' that corresponds with
FAR Case 2009-014. Follow the instructions provided to complete the
``Public Comment and Submission Form''. Please include your name,
company name (if any), and ``FAR Case 2009-014'' 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.
[[Page 40462]]
Instructions: Please submit comments only and cite FAC 2005-36, FAR
case 2009-014, in all correspondence related to this case. All comments
received will be posted without change to https://www.regulations.gov,
including any personal and/or business confidential information
provided.
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 FAR Case 2009-014.
SUPPLEMENTARY INFORMATION:
A. Background
On July 15, 2009, Taiwan became a designated country based on its
accession to the World Trade Organization Agreement on Government
Procurement. This interim rule adds Taiwan to the list of World Trade
Organization Government Procurement Agreement countries in FAR 22.1503,
25.003, 52.222-19, 52.225-5, 52.225-11, and 52.225-23.
This is a significant regulatory action and, therefore, was 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 goods and services of Taiwan,
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 Defense Federal
Acquisition Regulation Supplement (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 22, 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 2005-36, FAR case 2009-014), in all
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 Number 9000-
0141, Buy American Act--Construction. The interim rule affects the
certification and information collection requirement in the clause at
FAR 52.225-11. The impact, however, is negligible.
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 this interim rule implements the designation of
Taiwan under the World Trade Organization Agreement on Government
Procurement, which took effect on July 15, 2009. However, pursuant to
Pub. L. 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 22, 25, and 52
Government procurement.
Dated: August 4, 2009.
Al Matera,
Director, Office of Acquisition Policy.
0
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 42
U.S.C. 2473(c).
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
22.1503 [Amended]
0
2. Amend section 22.1503 in paragraph (b)(4) by removing
``Switzerland,'' and adding ``Switzerland, Taiwan,'' in its place.
PART 25--FOREIGN ACQUISITIONS
0
3. Amend section 25.003 by--
0
a. Revising paragraph (1) in the definition ``Designated country'' ;
and
0
b. Removing from the definition ``World Trade Organization Government
Procurement Agreement (WTO GPA) country'' the words ``Switzerland,''
and adding ``Switzerland, Taiwan,'' in its place.
0
The revised text reads as follows:
25.003 Definitions.
* * * * *
Designated country * * *
(1)A World Trade Organization Government Procurement Agreement
country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech
Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong
Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic
of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands,
Norway, Poland, Portugal, Romania, Singapore, Slovak Republic,
Slovenia, Spain, Sweden, Switzerland, Taiwan (known in the World Trade
Organization as ``the Separate Customs Territory of Taiwan, Penghu,
Kinmen and Matsu'' (Chinese Taipei)) or United Kingdom);
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
4. Amend section 52.212-5 by revising the date of the clause, and
paragraphs (b)(20) and (b)(33) 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 (Aug 09)
* * * * *
(b) * * *
---- (20) 52.222-19, Child Labor--Cooperation with Authorities and
Remedies (Aug 09) (E.O. 13126).
* * * * *
---- (33) 52.225-5, Trade Agreements (Aug 09) (19 U.S.C. 2501, et
seq., 19 U.S.C. 3301 note).
* * * * *
0
5. Amend section 52.213-4 by revising the date of the clause, and
paragraph (b)(1)(i) 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)(Aug 09)
* * * * *
(b) * * *
(1) * * *
(i) 52.222-19, Child Labor--Cooperation with Authorities and
Remedies (Aug 09) (E.O. 13126). (Applies to contracts for supplies
exceeding the micro-purchase threshold.)
* * * * *
[[Page 40463]]
52.222-19 [Amended]
0
6. Amend section 52.222-19 by removing from the clause heading ``(Feb
2008)'' and adding ``(Aug 09)'' in its place; and removing from
paragraph (a)(4) ``Switzerland,'' and adding ``Switzerland, Taiwan,''
in its place.
0
7. Amend section 52.225-5 by revising the date of the clause; and in
paragraph (a), in the definition ``Designated Country'', revising
paragraph (1) to read as follows:
52.225-5 Trade Agreements.
* * * * *
TRADE AGREEMENTS (Aug 09)
(a) Definitions. * * *
Designated country * * *
(1) A World Trade Organization Government Procurement Agreement
country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech
Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong
Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic
of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands,
Norway, Poland, Portugal, Romania, Singapore, Slovak Republic,
Slovenia, Spain, Sweden, Switzerland, Taiwan (known in the World Trade
Organization as ``the Separate Customs Territory of Taiwan, Penghu,
Kinmen and Matsu (Chinese Taipei))'', or United Kingdom);
* * * * *
52.225-11 [Amended]
0
8. Amend section 52.225-11 by removing from the clause heading ``(June
2009)'' and adding ``(Aug 09)'' in its place; and in paragraph (a), in
the definition ``Designated country'', removing from paragraph (1)
``Switzerland,'' and adding ``Switzerland, Taiwan,'' in its place.
52.225-23 [Amended]
0
9. Amend section 52.225-23 by removing from the clause heading ``(Mar
2009)'' and adding ``(Aug 09)'' in its place; and in paragraph (a), in
the definition ``Recovery Act designated country'', removing from
paragraph (1) ``Switzerland,'' and adding ``Switzerland, Taiwan,'' in
its place.
[FR Doc. E9-19164 Filed 8-10-09; 8:45 am]
BILLING CODE 6820-EP-S
