Defense Federal Acquisition Regulation Supplement; Trade Agreements Thresholds (DFARS Case 2012-D005), 4630-4631 [2012-1487]
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Federal Register / Vol. 77, No. 19 / Monday, January 30, 2012 / Rules and Regulations
ACTION:
DEPARTMENT OF DEFENSE
Final rule.
FOR FURTHER INFORMATION CONTACT:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to incorporate adjusted
thresholds for application of the World
Trade Organization Government
Procurement Agreement and the Free
Trade Agreements, as determined by the
United States Trade Representative.
Additionally, this rule includes
language in prescriptions for use of
contract clauses intended to clarify their
applicability to commercial items.
DATES: Effective Date: January 30, 2012.
SUMMARY:
Defense Acquisitions Regulations
System
48 CFR Part 225
RIN 0750–AH50
Defense Federal Acquisition
Regulation Supplement; Trade
Agreements Thresholds (DFARS Case
2012–D005)
Defense Acquisition
Regulations System; Department of
Defense (DoD).
AGENCY:
SUPPLEMENTARY INFORMATION:
I. Background
Every two years, the trade agreements
thresholds are adjusted according to a
pre-determined formula set forth in the
agreements. The United States Trade
Representative has specified the
following new thresholds in the Federal
Register (76 FR 76808 December 8,
2011):
Supply contract (equal to
or exceeding)
Trade agreement
WTO GPA ................................................................................................................................................................
FTAs:
Australia FTA ....................................................................................................................................................
Bahrain FTA .....................................................................................................................................................
CAFTA–DR (Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua) ...........
Chile FTA ..........................................................................................................................................................
Morocco FTA ....................................................................................................................................................
NAFTA:
—Canada ..........................................................................................................................................................
—Mexico ...........................................................................................................................................................
Peru FTA ..........................................................................................................................................................
Singapore FTA .................................................................................................................................................
II. Discussion and Analysis
This final rule implements the new
thresholds in the clause prescriptions at
DFARS 225.1101 and 225.7503.
emcdonald on DSK29S0YB1PROD with RULES2
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
IV. Regulatory Flexibility Act
VerDate Mar<15>2010
15:48 Jan 27, 2012
Jkt 223001
does not require publication for public
comment.
V. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Part 225
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 225 is
amended as follows:
PART 225—FOREIGN ACQUISITION
Construction
contract (equal
to or exceeding)
$202,000
$7,777,000
77,494
202,000
77,494
77,494
202,000
7,777,000
10,074,262
7,777,000
7,777,000
7,777,000
25,000
77,494
202,000
77,494
10,074,262
10,074,262
7,777,000
7,777,000
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,
including acquisitions of commercial
items or components, when the
estimated value equals or exceeds
$25,000, but is less than $202,000, and
a Free Trade Agreement applies to the
acquisition.
(A) Use the basic clause when the
estimated value equals or exceeds
$77,494.
(B) Use the clause with its Alternate
I when the estimated value equals or
exceeds $25,000 but is less than
$77,494.
*
*
*
*
*
3. In section 225.7503, revise
paragraphs (a)(1) and (b) to read as
follows:
■
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
225.7503
1. The authority citation for 48 CFR
part 225 is revised to read as follows:
2. In section 225.1101, revise
paragraph (11)(i) to read as follows:
■
225.1101
The Regulatory Flexibility Act does
not apply to this rule because this final
rule does not constitute a significant
DFARS revision within the meaning of
FAR 1.501–1 and 41 U.S.C. 1707 and
Ms.
Amy Williams, (703) 602–0328.
Acquisition of supplies.
*
*
*
*
*
(11)(i) Except as provided in
paragraph (11)(ii) of this section, use the
clause at 252.225–7036, Buy American
Act—Free Trade Agreements—Balance
PO 00000
Frm 00002
Fmt 4701
Sfmt 4700
Contract clauses.
*
*
*
*
*
(a)(1) 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,
including acquisitions of commercial
items or components, with a value
E:\FR\FM\30JAR2.SGM
30JAR2
Federal Register / Vol. 77, No. 19 / Monday, January 30, 2012 / Rules and Regulations
greater than the simplified acquisition
threshold but less than $7,777,000.
*
*
*
*
*
(b)(1) 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 $7,777,000 or more,
including acquisitions of commercial
items or components.
(2) For acquisitions with a value of
$7,777,000 or more, but less than
$10,074,262, including acquisitions of
comercial items or components, use the
clause with its Alternate I, unless the
acquisition is in support of Afghanistan.
(3) If the acquisition is for
construction with a value of
$10,074,262 or more and is in support
of operations in Afghanistan, use the
clause with its Alternate II.
(4) If the acquisition is for
construction with a value of $7,777,000
or more, but less than $10,074,262, and
is in support of operations in
Afghanistan, use the clause with its
Alternate III.
[FR Doc. 2012–1487 Filed 1–27–12; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 252
[Docket No. DARS–2011–0082–0002]
RIN 0750–AH48
Defense Federal Acquisition
Regulation Supplement: New
Designated Country—Armenia (DFARS
Case 2011–D057)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to add Armenia as a World
Trade Organization Government
Procurement Agreement (WTO GPA)
country and a designated country, due
to the accession of Armenia to
membership in the World Trade
Organization Government Procurement
Agreement.
emcdonald on DSK29S0YB1PROD with RULES2
SUMMARY:
Effective Date: January 30, 2012.
Ms.
Amy G. Williams, Defense Acquisition
Regulations System, OUSD (AT&L)
DATES:
FOR FURTHER INFORMATION CONTACT:
VerDate Mar<15>2010
15:48 Jan 27, 2012
Jkt 223001
DPAP/DARS, Room 3B855, 3060
Defense Pentagon, Washington, DC
20301–3060. Telephone (703) 602–0328;
facsimile (703) 602–0350.
SUPPLEMENTARY INFORMATION:
I. Background
On September 15, 2011, Armenia
became a party to the World Trade
Organization Government Procurement
Agreement (WTO GPA). The Trade
Agreements Act (19 U.S.C. 2501 et seq.)
provides the authority for the President
to waive the Buy American Act and
other discriminatory provisions for
eligible products from countries that
have signed an international trade
agreement with the United States (such
as the WTO GPA). The President has
delegated this waiver authority to the
U.S. Trade Representative (see FAR
25.402).
On September 22, 2011, because
Armenia became a party to the WTO
GPA and because the U.S. Trade
Representative has determined that
Armenia will provide appropriate
reciprocal competitive Government
procurement opportunities to United
States products and services and
suppliers of such products and services,
the U.S. Trade Representative published
a notice in the Federal Register (76 FR
58856) waiving the Buy American Act
and other discriminatory provisions for
eligible products from Armenia.
II. Discussion and Analysis
FAR 25.003 defines WTO GPA
countries by listing the parties to the
WTO GPA, and defines ‘‘designated
country’’ as a WTO GPA country, a Free
Trade Agreement country, a least
designated country, or a Caribbean
Basin country.
Because Armenia is now a WTO GPA
country and therefore also a designated
country, as determined by the U.S.
Trade Representative, this final rule
adds Armenia to the lists of WTO GPA
countries within the definition of
‘‘designated country’’ at DFARS
252.225–7021, Trade Agreements, and
252.225–7045, Balance of Payments
Program—Construction Material Under
Trade Agreements. Conforming changes
were also made to the clause date at
252.225–7001(b)(12)(i).
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
PO 00000
Frm 00003
Fmt 4701
Sfmt 4700
4631
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is a significant
regulatory action and, therefore, was
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule because an initial
regulatory flexibility analysis is only
required for proposed or interim rules
that require publication for public
comment (5 U.S.C. 603) and a final
regulatory flexibility analysis is only
required for final rules that were
previously published for public
comment, and for which an initial
regulatory flexibility analysis was
prepared (5 U.S.C. 604).
Publication of this final rule for
public comment is not required by
statute (41 U.S.C. 1707) because it
recognizes actions taken by the United
States Trade Representative that do not
have a significant effect on contractors
or offerors or a significant effect beyond
the internal operating procedures of the
Government. Therefore, publication for
public comment under 41 U.S.C. 1707 is
not required.
V. Paperwork Reduction Act
The Paperwork Reduction Act does
apply because the final rule affects the
certification and information collection
requirement in the provisions at DFARS
252.225–7020, Trade Agreements
Certificate, currently approved under
OMB clearance 0704–0229, DFARS Part
225, Foreign Acquisition, and associated
clauses. DFARS provision 252.225–7020
relies on the definition of ‘‘designated
country’’ in DFARS 252.225–7021,
which now includes Armenia. The
impact, however, is negligible.
Comments regarding the burden
estimates or any other aspect of this
collection of information, including
suggestions for reducing the burden, in
response to approved OMB clearance
0704–0229, should be sent, not later
than March 30, 2012 to Ms. Jasmeet
Seehra at the Office of Management and
Budget, Desk Officer for DoD, Room
10236, New Executive Office Building,
Washington, DC 20503, with a copy to
the Defense Acquisition Regulations
System, Attn: Ms. Amy Williams, OUSD
(AT&L) DPAP (DARS), Room 3B855,
3060 Defense Pentagon, Washington, DC
20301–3060.
Requesters may obtain a copy of the
supporting statement for the burden
E:\FR\FM\30JAR2.SGM
30JAR2
]]>Agencies
[Federal Register Volume 77, Number 19 (Monday, January 30, 2012)]
[Rules and Regulations]
[Pages 4630-4631]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1487]
[[Page 4629]]
Vol. 77
Monday,
No. 19
January 30, 2012
Part II
Department of Defense
-----------------------------------------------------------------------
Defense Acquisitions Regulations System
-----------------------------------------------------------------------
48 CFR Part 212, 225, 231, et al.
Defense Federal Acquisition Regulation Supplements; Final Rules and
Proposed Rules
Federal Register / Vol. 77 , No. 19 / Monday, January 30, 2012 /
Rules and Regulations
[[Page 4630]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisitions Regulations System
48 CFR Part 225
RIN 0750-AH50
Defense Federal Acquisition Regulation Supplement; Trade
Agreements Thresholds (DFARS Case 2012-D005)
AGENCY: Defense Acquisition Regulations System; Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to incorporate adjusted
thresholds for application of the World Trade Organization Government
Procurement Agreement and the Free Trade Agreements, as determined by
the United States Trade Representative. Additionally, this rule
includes language in prescriptions for use of contract clauses intended
to clarify their applicability to commercial items.
DATES: Effective Date: January 30, 2012.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, (703) 602-0328.
SUPPLEMENTARY INFORMATION:
I. Background
Every two years, the trade agreements thresholds are adjusted
according to a pre-determined formula set forth in the agreements. The
United States Trade Representative has specified the following new
thresholds in the Federal Register (76 FR 76808 December 8, 2011):
------------------------------------------------------------------------
Supply Construction
contract contract
Trade agreement (equal to or (equal to or
exceeding) exceeding)
------------------------------------------------------------------------
WTO GPA................................. $202,000 $7,777,000
FTAs:
Australia FTA....................... 77,494 7,777,000
Bahrain FTA......................... 202,000 10,074,262
CAFTA-DR (Costa Rica, Dominican 77,494 7,777,000
Republic, El Salvador, Guatemala,
Honduras, and Nicaragua)...........
Chile FTA........................... 77,494 7,777,000
Morocco FTA......................... 202,000 7,777,000
NAFTA:
--Canada............................ 25,000 10,074,262
--Mexico............................ 77,494 10,074,262
Peru FTA............................ 202,000 7,777,000
Singapore FTA....................... 77,494 7,777,000
------------------------------------------------------------------------
II. Discussion and Analysis
This final rule implements the new thresholds in the clause
prescriptions at DFARS 225.1101 and 225.7503.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant DFARS revision within
the meaning of FAR 1.501-1 and 41 U.S.C. 1707 and does not require
publication for public comment.
V. Paperwork Reduction Act
The rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Part 225
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 225 is amended as follows:
PART 225--FOREIGN ACQUISITION
0
1. The authority citation for 48 CFR part 225 is revised to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. In section 225.1101, revise paragraph (11)(i) to read as follows:
225.1101 Acquisition of supplies.
* * * * *
(11)(i) Except as provided in paragraph (11)(ii) of this section,
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,
including acquisitions of commercial items or components, when the
estimated value equals or exceeds $25,000, but is less than $202,000,
and a Free Trade Agreement applies to the acquisition.
(A) Use the basic clause when the estimated value equals or exceeds
$77,494.
(B) Use the clause with its Alternate I when the estimated value
equals or exceeds $25,000 but is less than $77,494.
* * * * *
0
3. In section 225.7503, revise paragraphs (a)(1) and (b) to read as
follows:
225.7503 Contract clauses.
* * * * *
(a)(1) 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, including
acquisitions of commercial items or components, with a value
[[Page 4631]]
greater than the simplified acquisition threshold but less than
$7,777,000.
* * * * *
(b)(1) 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 $7,777,000 or more, including acquisitions of
commercial items or components.
(2) For acquisitions with a value of $7,777,000 or more, but less
than $10,074,262, including acquisitions of comercial items or
components, use the clause with its Alternate I, unless the acquisition
is in support of Afghanistan.
(3) If the acquisition is for construction with a value of
$10,074,262 or more and is in support of operations in Afghanistan, use
the clause with its Alternate II.
(4) If the acquisition is for construction with a value of
$7,777,000 or more, but less than $10,074,262, and is in support of
operations in Afghanistan, use the clause with its Alternate III.
[FR Doc. 2012-1487 Filed 1-27-12; 8:45 am]
BILLING CODE 5001-06-P
