Federal Acquisition Regulation; New Designated Country (Armenia) and Other Trade Agreements Updates, 12935-12937 [2012-4495]
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Federal Register / Vol. 77, No. 42 / Friday, March 2, 2012 / Rules and Regulations
its place. The revised text reads as
follows:
52.222–19 Child Labor—Cooperation with
Authorities and Remedies.
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CHILD LABOR—COOPERATION WITH
AUTHORITIES AND REMEDIES (MAR
2012)
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[FR Doc. 2012–4492 Filed 3–1–12; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 22, 25, and 52
[FAC 2005–56; FAR Case 2011–030; Item
VI; Docket 2011–0030, Sequence 1]
RIN 9000–AM16
Federal Acquisition Regulation; New
Designated Country (Armenia) and
Other Trade Agreements Updates
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCIES:
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
add Armenia as a designated country,
due to the accession of Armenia to
membership in the World Trade
Organization Government Procurement
Agreement. The rule also updates the
FAR lists of countries that are party to
the Agreement on Trade in Civil
Aircraft.
SUMMARY:
Effective Date: March 2, 2012.
Ms.
Cecelia L. Davis, Procurement Analyst,
at 202–219–0202 for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at 202–501–
4755. Please cite FAC 2005–56, FAR
Case 2011–030.
SUPPLEMENTARY INFORMATION:
DATES:
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FOR FURTHER INFORMATION CONTACT:
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
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18:06 Mar 01, 2012
Jkt 226001
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.
In addition, the Office of the U.S.
Trade Representative has provided an
updated list of countries that are party
to the Agreement on Trade in Civil
Aircraft. The U.S. Trade Representative
has waived the Buy American Act for
civil aircraft and related articles from
countries that are parties to the
Agreement on Trade on Civil Aircraft.
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 (including the lists of
countries in each category).
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 and designated countries at
FAR 22.1503, 25.003, 52.222–19,
52.225–5, 52.225–11, and 52.225–23.
This final rule also updates the FAR
lists of countries that are party to the
Agreement on Trade in Civil Aircraft at
FAR 25.407 and 52.225–7, Waiver of
Buy American Act for Civil Aircraft and
Related Articles.
Conforming changes have also been
made to the associated clause dates for
the revised clauses in the lists at FAR
52.212–5, Contract Terms and
Conditions Required to Implement
Statutes or Executive Orders—
Commercial Items, and FAR 52.213–4,
Terms and Conditions—Simplified
Acquisitions (Other Than Commercial
Items).
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12935
III. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
‘‘Publication of proposed
regulations’’, 41 U.S.C. 1707, is the
statute which applies to the publication
of the Federal Acquisition Regulation.
Paragraph (a)(1) of the statute requires
that a procurement policy, regulation,
procedure or form (including an
amendment or modification thereof)
must be published for public comment
if it relates to the expenditure of
appropriated funds, and has either a
significant effect beyond the internal
operating procedures of the agency
issuing the policy, regulation, procedure
or form, or has a significant cost or
administrative impact on contractors or
offerors. This final rule is not required
to be published for public comment,
because it recognizes actions taken by
the United States Trade Representative
that do not have a significant effect on
contractors or offerors.
IV. 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 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.
V. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule because this final
rule does not constitute a significant
FAR revision within the meaning of
FAR 1.501–1 and 41 U.S.C. 1707 and
does not require publication for public
comment.
VI. Paperwork Reduction Act
Notwithstanding any other provision
of law, no person is required to respond
to, nor shall any person be subject to a
penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) unless the collection of
information displays a currently valid
Office of Management and Budget
(OMB) Control Number. The Paperwork
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12936
Federal Register / Vol. 77, No. 42 / Friday, March 2, 2012 / Rules and Regulations
Reduction Act does apply, because the
final rule affects the certification and
information collection requirement in
the provision at FAR 52.225–11, Buy
American Act—Construction Materials
Under Trade Agreements, currently
approved under OMB clearance 9000–
0141, Buy American Act—Construction.
The FAR Council has determined that
the impact on the approved paperwork
burden 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 9000–0141,
should be sent, not later than May 1,
2012 to: FAR Desk Officer, OMB, Room
10102, NEOB, Washington, DC 20503,
and a copy to the General Services
Administration, Regulatory Secretariat
Division (MVCB), Attn: Hada Flowers,
1275 First Street, NE., 7th Floor,
Washington, DC 20417.
Requesters may obtain a copy of the
supporting statement for the burden
approved under OMB clearance 9000–
0141 from the General Services
Administration, Regulatory Secretariat
(MVCB), Attn: Hada Flowers, 1275 First
Street, NE., 7th Floor, Washington, DC
20417. Please cite OMB Control Number
9000–0141, Buy American Act—
Construction, in all correspondence.
definition ‘‘World Trade Organization
Government Procurement Agreement
(WTO GPA) country’’ the word
‘‘Aruba,’’ and adding the words
‘‘Armenia, Aruba,’’ in their place.
■ 4. Revise section 25.407 to read as
follows:
List of Subjects in 48 CFR Parts 22, 25,
and 52
Government procurement.
■
25.407 Agreement on Trade in Civil
Aircraft.
Under the authority of Section 303 of
the Trade Agreements Act, the U.S.
Trade Representative has waived the
Buy American Act for civil aircraft and
related articles that meet the substantial
transformation test of the Trade
Agreements Act, from countries that are
parties to the Agreement on Trade in
Civil Aircraft. Those countries are
Albania, Austria, Belgium, Bulgaria,
Canada, Cyprus, Czech Republic,
Denmark, Egypt, Estonia, Finland,
France, Georgia, Germany, Greece,
Hungary, Ireland, Italy, Japan, Latvia,
Lithuania, Luxembourg, Macao China,
Malta, the Netherlands, Norway,
Poland, Portugal, Romania, Slovakia,
Slovenia, Spain, Sweden, Switzerland,
Taiwan (Chinese Taipei), and the
United Kingdom.
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
5. Amend section 52.212–5 by
revising the date of the clause, and
paragraphs (b)(27) and (b)(41) to read as
follows:
Dated: February 21, 2012.
Laura Auletta,
Director, Office of Governmentwide
Acquisition Policy, Office of Acquisition
Policy, Office of Governmentwide Policy.
52.212–5 Contract Terms and Conditions
Required To Implement Statutes or
Executive Orders—Commercial Items.
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:
CONTRACT TERMS AND
CONDITIONS REQUIRED TO
IMPLEMENT STATUTES OR
EXECUTIVE ORDERS—COMMERCIAL
ITEMS APR 2012
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
(b) * * *
l (27) 52.222–19, Child Labor—
Cooperation with Authorities and Remedies
APR 2012 (E.O. 13126).
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PART 22—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITIONS
22.1503
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6. Amend section 52.213–4 by
revising the date of the clause and
paragraph (b)(1)(i) to read as follows:
[Amended]
3. Amend section 25.003 by removing
from paragraph (1) of the definition
‘‘Designated country’’, and the
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PART 25—FOREIGN ACQUISITION
19:51 Mar 01, 2012
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[Amended]
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l (41) 52.225–5, Trade Agreements APR
2012 (19 U.S.C. 2501, et seq., 19 U.S.C. 3301
note).
2. Amend section 22.1503 by
removing from paragraph (b)(4) the
word ‘‘Aruba,’’ and adding the words
‘‘Armenia, Aruba,’’ in its place.
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25.003
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52.213–4 Terms and Conditions—
Simplified Acquisitions (Other Than
Commercial Items).
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TERMS AND CONDITIONS—
SIMPLIFIED ACQUISITIONS (OTHER
THAN COMMERCIAL ITEMS) APR
2012
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(b) * * *
(1) * * *
(i) 52.222–19, Child Labor—Cooperation
with Authorities and Remedies APR 2012
(E.O. 13126). (Applies to contracts for
supplies exceeding the micro-purchase
threshold.)
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7. Amend section 52.222–19 by
revising the date of the clause to read as
set forth below; and removing from
paragraph (a)(4) the word ‘‘Aruba,’’ and
adding the words ‘‘Armenia, Aruba,’’ in
its place.
■
52.222–19 Child Labor—Cooperation With
Authorities and Remedies.
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CHILD LABOR—COOPERATION WITH
AUTHORITIES AND REMEDIES APR
2012
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8. Amend section 52.225–5 by
revising the date of the clause to read as
set forth below; and in paragraph (a)
removing from paragraph (1) of the
definition ‘‘Designated country’’ the
word ‘‘Aruba,’’ and adding the words
‘‘Armenia, Aruba,’’ in its place.
■
52.225–5
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Trade Agreements.
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TRADE AGREEMENTS APR 2012
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9. Amend section 52.225–7 by
revising the date of the provision, and
the second sentence of paragraph (b) to
read as follows:
■
52.225–7 Waiver of Buy American Act for
Civil Aircraft and Related Articles.
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WAIVER OF BUY AMERICAN ACT
FOR CIVIL AIRCRAFT AND RELATED
ARTICLES APR 2012
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(b) * * * Those countries are Albania,
Austria, Belgium, Bulgaria, Canada, Cyprus,
Czech Republic, Denmark, Egypt, Estonia,
Finland, France, Georgia, Germany, Greece,
Hungary, Ireland, Italy, Japan, Latvia,
Lithuania, Luxembourg, Macao China, Malta,
the Netherlands, Norway, Poland, Portugal,
Romania, Slovakia, Slovenia, Spain, Sweden,
Switzerland, Taiwan (Chinese Taipei), and
the United Kingdom.
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10. Amend section 52.225–11 by
revising the date of the clause to read as
set forth below; and in paragraph (a)
removing from paragraph (1) of the
definition ‘‘Designated country’’ the
■
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Federal Register / Vol. 77, No. 42 / Friday, March 2, 2012 / Rules and Regulations
Analyst, at 202–501–1448 for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at 202–501–4755. Please cite
FAC 2005–56, FAR Case 2010–009.
SUPPLEMENTARY INFORMATION:
word ‘‘Aruba,’’ and adding the words
‘‘Armenia, Aruba,’’ in its place.
52.225–11 Buy American Act—
Construction Materials Under Trade
Agreements.
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BUY AMERICAN ACT—
CONSTRUCTION MATERIALS UNDER
TRADE AGREEMENTS APR 2012
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11. Amend section 52.225–23 by
revising the date of the clause to read as
set forth below; and in paragraph (a)
removing from paragraph (1) of the
definition ‘‘Designated country’’ and
paragraph (1) of the definition
‘‘Recovery Act designated country’’ the
word ‘‘(Aruba,’’ and adding the words
‘‘(Armenia, Aruba,’’ in its place.
■
52.225–23 Required Use of American Iron,
Steel, and Manufactured Goods—Buy
American Act—Construction Materials
Under Trade Agreements.
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REQUIRED USE OF AMERICAN IRON,
STEEL, AND MANUFACTURED
GOODS—BUY AMERICAN ACT—
CONSTRUCTION MATERIALS UNDER
TRADE AGREEMENTS APR 2012
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[FR Doc. 2012–4495 Filed 3–1–12; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 2, 31, 32, 45, 49, 51, 52,
and 53
[FAC 2005–56; FAR Case 2010–009; Item
VII; Docket 2010–0009, Sequence 1]
RIN 9000–AL95
Federal Acquisition Regulation;
Government Property
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
mstockstill on DSK4VPTVN1PROD with RULES2
AGENCIES:
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
clarify reporting, reutilization, and
disposal of Government property.
DATES: Effective Date: April 2, 2012.
FOR FURTHER INFORMATION CONTACT: Mr.
Curtis E. Glover, Sr., Procurement
SUMMARY:
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19:51 Mar 01, 2012
Jkt 226001
I. Background
DoD, GSA, and NASA published a
proposed rule in the Federal Register at
76 FR 18497 on April 4, 2011. Eight
respondents submitted comments on the
proposed rule. The comments received
were grouped by topic area.
II. Discussion and Analysis
The Civilian Agency Acquisition
Council and the Defense Acquisition
Regulations Council (the Councils)
reviewed the comments in the
development of the final rule. A
discussion of the comments and the
changes made to the rule as a result of
those comments are provided as
follows:
A. Summary of Significant Changes
1. A definition of ‘‘surplus property’’
is added at FAR 2.101 to apply
throughout the FAR.
2. Terminology used is updated and
used consistently throughout the FAR,
e.g., ‘‘loss of Government property’’ is
defined at FAR 45.101, and ‘‘loss’’ is
used consistently in lieu of ‘‘loss,
damage, destruction, or theft.’’
3. Clarified, and distinguished among,
the responsibilities and authorities of
the contracting officer, property
administrator, plant clearance officer,
and contractor.
4. Reorganized and clarified
procedures and responsibilities for
Government property disposal (see FAR
subpart 45.6).
5. Reorganized, clarified, and updated
the Government property clause at FAR
52.245–1 to conform with revisions to
FAR part 45.
B. Government Responsibilities
Comments: A respondent
recommended a number of revisions to
the Government responsibilities,
primarily those in FAR subpart 45.6,
Reporting, Reutilization, and Disposal.
The respondent recommended revising
FAR 45.606–1(a) to require that the
property administrator work in
coordination with the plant clearance
officer to ensure that contractor scrap
disposal processes are effective and
properly documented. Another
recommendation was to revert to the
current regulation’s use of ‘‘should’’ in
lieu of ‘‘may’’ at FAR 45.602–1(c)(1) in
order to ensure the Government’s
agreement before Government property
PO 00000
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Fmt 4701
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12937
is removed from a contractor’s inventory
schedule. The respondent
recommended modifying FAR 45.606–
1(b) to require that any deviation from
the contractor’s standard property plan
and processes be identified as early as
possible in the procurement process.
Response: The first two
recommendations are adopted in this
final rule. The final recommendation is
not adopted because the Property
Administrator can make that
determination at any time.
Comments: The same respondent
recommended a number of other
revisions to the Government
responsibilities, also primarily in FAR
subpart 45.6, Reporting, Reutilization,
and Disposal. The respondent proposed
to revise FAR 45.600, Scope of subpart
(which was not included in the
proposed rule) to allow for either the
contracting officer or the plant clearance
officer to perform plant clearance officer
duties. The respondent recommended
removing the proposed rule’s
requirement, at FAR 45.603(b), for the
plant clearance officer to obtain
approval at one level higher than the
contracting officer before allowing the
abandonment of sensitive property that
does not require demilitarization. The
respondent requested the addition of
more examples of items considered to
be incidental to the place of
performance (see FAR 45.000).
Response: The above
recommendations are not incorporated
into the final rule because (1)
contracting officers generally rely on the
Government property expertise of plant
clearance officers, (2) additional review
and approval requirements can provide
a broader perspective, and (3) too often,
lists of examples are treated
inappropriately as exhaustive lists.
C. Contractor Property Management
Systems
Comments: Two respondents
recommended revisions to FAR subpart
45.1, General. One recommendation was
to revise FAR 45.105(b) to prevent the
Government from notifying a contractor
of deficiencies in its property
management system unless the
deficiencies were ‘‘material.’’ The other
recommendation was to modify FAR
45.104(b) to add the following: ‘‘When
determining noncompliance, FAR part 1
concepts apply, e.g., risk management,
materiality, best value, and benefits of
changes must justify their cost’’.
Response: FAR part 1 is always
applicable to all parts of the FAR. There
is no need to repeat the statement in
FAR part 45. ‘‘Materiality’’ is not
defined in FAR part 2. If the
Government determines that
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]]>Agencies
[Federal Register Volume 77, Number 42 (Friday, March 2, 2012)]
[Rules and Regulations]
[Pages 12935-12937]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4495]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 22, 25, and 52
[FAC 2005-56; FAR Case 2011-030; Item VI; Docket 2011-0030, Sequence 1]
RIN 9000-AM16
Federal Acquisition Regulation; New Designated Country (Armenia)
and Other Trade Agreements Updates
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the
Federal Acquisition Regulation (FAR) to add Armenia as a designated
country, due to the accession of Armenia to membership in the World
Trade Organization Government Procurement Agreement. The rule also
updates the FAR lists of countries that are party to the Agreement on
Trade in Civil Aircraft.
DATES: Effective Date: March 2, 2012.
FOR FURTHER INFORMATION CONTACT: Ms. Cecelia L. Davis, Procurement
Analyst, at 202-219-0202 for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat at 202-501-4755. Please cite FAC 2005-56, FAR Case 2011-
030.
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.
In addition, the Office of the U.S. Trade Representative has
provided an updated list of countries that are party to the Agreement
on Trade in Civil Aircraft. The U.S. Trade Representative has waived
the Buy American Act for civil aircraft and related articles from
countries that are parties to the Agreement on Trade on Civil Aircraft.
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 (including the lists of countries in each
category).
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 and
designated countries at FAR 22.1503, 25.003, 52.222-19, 52.225-5,
52.225-11, and 52.225-23.
This final rule also updates the FAR lists of countries that are
party to the Agreement on Trade in Civil Aircraft at FAR 25.407 and
52.225-7, Waiver of Buy American Act for Civil Aircraft and Related
Articles.
Conforming changes have also been made to the associated clause
dates for the revised clauses in the lists at FAR 52.212-5, Contract
Terms and Conditions Required to Implement Statutes or Executive
Orders--Commercial Items, and FAR 52.213-4, Terms and Conditions--
Simplified Acquisitions (Other Than Commercial Items).
III. Publication of This Final Rule for Public Comment Is Not Required
by Statute
``Publication of proposed regulations'', 41 U.S.C. 1707, is the
statute which applies to the publication of the Federal Acquisition
Regulation. Paragraph (a)(1) of the statute requires that a procurement
policy, regulation, procedure or form (including an amendment or
modification thereof) must be published for public comment if it
relates to the expenditure of appropriated funds, and has either a
significant effect beyond the internal operating procedures of the
agency issuing the policy, regulation, procedure or form, or has a
significant cost or administrative impact on contractors or offerors.
This final rule is not required to be published for public comment,
because it recognizes actions taken by the United States Trade
Representative that do not have a significant effect on contractors or
offerors.
IV. 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 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.
V. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant FAR revision within
the meaning of FAR 1.501-1 and 41 U.S.C. 1707 and does not require
publication for public comment.
VI. Paperwork Reduction Act
Notwithstanding any other provision of law, no person is required
to respond to, nor shall any person be subject to a penalty for failure
to comply with a collection of information subject to the requirements
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) unless
the collection of information displays a currently valid Office of
Management and Budget (OMB) Control Number. The Paperwork
[[Page 12936]]
Reduction Act does apply, because the final rule affects the
certification and information collection requirement in the provision
at FAR 52.225-11, Buy American Act--Construction Materials Under Trade
Agreements, currently approved under OMB clearance 9000-0141, Buy
American Act--Construction. The FAR Council has determined that the
impact on the approved paperwork burden 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 9000-0141, should be sent, not later
than May 1, 2012 to: FAR Desk Officer, OMB, Room 10102, NEOB,
Washington, DC 20503, and a copy to the General Services
Administration, Regulatory Secretariat Division (MVCB), Attn: Hada
Flowers, 1275 First Street, NE., 7th Floor, Washington, DC 20417.
Requesters may obtain a copy of the supporting statement for the
burden approved under OMB clearance 9000-0141 from the General Services
Administration, Regulatory Secretariat (MVCB), Attn: Hada Flowers, 1275
First Street, NE., 7th Floor, Washington, DC 20417. Please cite OMB
Control Number 9000-0141, Buy American Act--Construction, in all
correspondence.
List of Subjects in 48 CFR Parts 22, 25, and 52
Government procurement.
Dated: February 21, 2012.
Laura Auletta,
Director, Office of Governmentwide Acquisition Policy, Office of
Acquisition Policy, Office of Governmentwide Policy.
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 by removing from paragraph (b)(4) the word
``Aruba,'' and adding the words ``Armenia, Aruba,'' in its place.
PART 25--FOREIGN ACQUISITION
25.003 [Amended]
0
3. Amend section 25.003 by removing from paragraph (1) of the
definition ``Designated country'', and the definition ``World Trade
Organization Government Procurement Agreement (WTO GPA) country'' the
word ``Aruba,'' and adding the words ``Armenia, Aruba,'' in their
place.
0
4. Revise section 25.407 to read as follows:
25.407 Agreement on Trade in Civil Aircraft.
Under the authority of Section 303 of the Trade Agreements Act, the
U.S. Trade Representative has waived the Buy American Act for civil
aircraft and related articles that meet the substantial transformation
test of the Trade Agreements Act, from countries that are parties to
the Agreement on Trade in Civil Aircraft. Those countries are Albania,
Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark,
Egypt, Estonia, Finland, France, Georgia, Germany, Greece, Hungary,
Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Macao China,
Malta, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia,
Slovenia, Spain, Sweden, Switzerland, Taiwan (Chinese Taipei), and the
United Kingdom.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
5. Amend section 52.212-5 by revising the date of the clause, and
paragraphs (b)(27) and (b)(41) 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 APR 2012
* * * * *
(b) * * *
-- (27) 52.222-19, Child Labor--Cooperation with Authorities and
Remedies APR 2012 (E.O. 13126).
* * * * *
-- (41) 52.225-5, Trade Agreements APR 2012 (19 U.S.C. 2501, et
seq., 19 U.S.C. 3301 note).
* * * * *
0
6. 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) APR 2012
* * * * *
(b) * * *
(1) * * *
(i) 52.222-19, Child Labor--Cooperation with Authorities and
Remedies APR 2012 (E.O. 13126). (Applies to contracts for supplies
exceeding the micro-purchase threshold.)
* * * * *
0
7. Amend section 52.222-19 by revising the date of the clause to read
as set forth below; and removing from paragraph (a)(4) the word
``Aruba,'' and adding the words ``Armenia, Aruba,'' in its place.
52.222-19 Child Labor--Cooperation With Authorities and Remedies.
* * * * *
CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES APR 2012
* * * * *
0
8. Amend section 52.225-5 by revising the date of the clause to read as
set forth below; and in paragraph (a) removing from paragraph (1) of
the definition ``Designated country'' the word ``Aruba,'' and adding
the words ``Armenia, Aruba,'' in its place.
52.225-5 Trade Agreements.
* * * * *
TRADE AGREEMENTS APR 2012
* * * * *
0
9. Amend section 52.225-7 by revising the date of the provision, and
the second sentence of paragraph (b) to read as follows:
52.225-7 Waiver of Buy American Act for Civil Aircraft and Related
Articles.
* * * * *
WAIVER OF BUY AMERICAN ACT FOR CIVIL AIRCRAFT AND RELATED ARTICLES APR
2012
* * * * *
(b) * * * Those countries are Albania, Austria, Belgium,
Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Egypt, Estonia,
Finland, France, Georgia, Germany, Greece, Hungary, Ireland, Italy,
Japan, Latvia, Lithuania, Luxembourg, Macao China, Malta, the
Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia,
Spain, Sweden, Switzerland, Taiwan (Chinese Taipei), and the United
Kingdom.
* * * * *
0
10. Amend section 52.225-11 by revising the date of the clause to read
as set forth below; and in paragraph (a) removing from paragraph (1) of
the definition ``Designated country'' the
[[Page 12937]]
word ``Aruba,'' and adding the words ``Armenia, Aruba,'' in its place.
52.225-11 Buy American Act--Construction Materials Under Trade
Agreements.
* * * * *
BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS APR
2012
* * * * *
0
11. Amend section 52.225-23 by revising the date of the clause to read
as set forth below; and in paragraph (a) removing from paragraph (1) of
the definition ``Designated country'' and paragraph (1) of the
definition ``Recovery Act designated country'' the word ``(Aruba,'' and
adding the words ``(Armenia, Aruba,'' in its place.
52.225-23 Required Use of American Iron, Steel, and Manufactured
Goods--Buy American Act--Construction Materials Under Trade Agreements.
* * * * *
REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS--BUY
AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS APR 2012
* * * * *
[FR Doc. 2012-4495 Filed 3-1-12; 8:45 am]
BILLING CODE 6820-EP-P
