Federal Acquisition Regulation; Free Trade Agreement-Colombia, 27548-27550 [2012-11149]
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27548
Federal Register / Vol. 77, No. 91 / Thursday, May 10, 2012 / Rules and Regulations
IV. 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).
V. 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 it
implements section 738 of Division C of
Public Law 112–74, which went into
effect on December 23, 2011.
Contracting officers who violate this
prohibition may be subject to
prosecution for violation of the AntiDeficiency Act. However, pursuant to 41
U.S.C. 1707 and FAR 1.501–3(b), DoD,
GSA, and NASA will consider public
comments received in response to this
interim rule in the formation of the final
rule.
that is treated as an inverted domestic
corporation, or with a subsidiary of such
a corporation. * * *
(b) * * *
(4) When using Fiscal Year 2012
funds for any contract entered into
before December 23, 2011, or for any
order issued pursuant to such contract.
9.108–3
[Amended]
3. Amend section 9.108–3 by
removing from paragraph (a) ‘‘funds,
an’’ and adding ‘‘funds or Fiscal Year
2012 funds, an’’ in its place.
■
9.108–5
[Amended]
4. Amend section 9.108–5 by
removing from the introductory text
‘‘2010, unless’’ and adding ‘‘2010 or in
Fiscal Year 2012, unless’’ in its place.
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
5. Amend section 52.204–8 by
revising the date of the provision to read
‘‘(MAY 2012)’’; and removing from
paragraph (c)(1)(v) ‘‘2008, 2009 or 2010’’
and adding ‘‘2008, 2009, 2010, or 2012’’
in its place.
■
6. Amend section 52.209–10 by
revising the date of the clause; and
adding paragraph (c) to read as follows:
52.209–10 Prohibition on Contracting with
Inverted Domestic Corporations.
Dated: May 3, 2012.
Laura Auletta,
Director, Office of Governmentwide
Acquisition Policy, Office of Acquisition
Policy, Office of Governmentwide Policy.
*
*
*
*
*
Prohibition on Contracting with
Inverted Domestic Corporations (MAY
2012)
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 9 and 52 as set
forth below:
■ 1. The authority citation for 48 CFR
parts 9 and 52 continues to read as
follows:
*
*
*
*
*
(c) Exceptions to this prohibition are
located at 9.108–2.
*
*
*
*
*
■ 7. Amend section 52.212–5 by
revising the date of the clause, and
paragraph (b)(8) 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 9—CONTRACTOR
QUALIFICATIONS
2. Amend section 9.108–2 by—
a. In paragraph (a), revising the first
sentence; and removing from the second
sentence ‘‘2008 and 2009’’ and adding
‘‘2008 through 2010’’ in its place; and
■ b. Adding paragraph (b)(4).
The revised and added text reads as
follows:
52.212–5 Contract Terms and Conditions
Required to Implement Statutes or
Executive Orders—Commercial Items.
*
srobinson on DSK4SPTVN1PROD with RULES2
■
■
9.108–2
Prohibition.
(a) Section 738 of Division C of the
Consolidated Appropriations Act, 2012
(Pub. L. 112–74) prohibits the use of
2012 appropriated funds for contracting
with any foreign incorporated entity
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*
*
*
*
Contract Terms and Conditions
Required to Implement Statutes or
Executive Orders—Commercial Items
(MAY 2012)
*
*
*
*
*
(b) * * *
(8) 52.209–10, Prohibition on
Contracting with Inverted Domestic
Corporations (MAY 2012) (section 738
of Division C of Pub. L. 112–74, section
740 of Division C of Pub. L. 111–117,
section 743 of Division D of Pub. L.
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BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[FAC 2005–59; FAR Case 2012–012;
Item II; Docket 2012–0012, Sequence 1]
RIN 9000–AM24
Federal Acquisition Regulation; Free
Trade Agreement—Colombia
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Interim rule.
AGENCY:
[Amended]
■
List of Subjects in 48 CFR Parts 9 and
52
Government procurement.
[FR Doc. 2012–11148 Filed 5–9–12; 8:45 am]
48 CFR Parts 25 and 52
■
52.204–8
111–8, and section 745 of Division D of
Pub. L. 110–161).
*
*
*
*
*
Sfmt 4700
DoD, GSA, and NASA are
issuing an interim rule amending the
Federal Acquisition Regulation (FAR) to
implement the United States-Colombia
Trade Promotion Agreement. This Trade
Promotion Agreement is a free trade
agreement that provides for mutually
non-discriminatory treatment of eligible
products and services from Colombia.
DATES: Effective Date: May 15, 2012.
Comment Date: Interested parties
should submit written comments to the
Regulatory Secretariat on or before July
9, 2012 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments
identified by FAC 2005–59, FAR Case
2012–012, by any of the following
methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
searching ‘‘FAR Case 2012–012’’. Select
the link ‘‘Submit a Comment’’ that
corresponds with ‘‘FAR Case 2012–
012.’’ Follow the instructions provided
at the ‘‘Submit a Comment’’ screen.
Please include your name, company
name (if any), and ‘‘FAR Case 2012–
012’’ on your attached document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), ATTN: Hada Flowers, 1275
First Street NE., 7th Floor, Washington,
DC 20417.
Instructions: Please submit comments
only and cite FAC 2005–59, FAR Case
2012–012, in all correspondence related
SUMMARY:
E:\FR\FM\10MYR2.SGM
10MYR2
Federal Register / Vol. 77, No. 91 / Thursday, May 10, 2012 / Rules and Regulations
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: 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 2005–59, FAR
Case 2012–012.
SUPPLEMENTARY INFORMATION:
srobinson on DSK4SPTVN1PROD with RULES2
I. Background
DoD, GSA, and NASA are issuing an
interim rule amending the Federal
Acquisition Regulation (FAR), to amend
FAR part 25 and the corresponding
provisions and clauses in FAR part 52
to implement the United StatesColombia Trade Promotion Agreement
Implementation Act (Pub. L. 112–42)
(19 U.S.C. 3805 note).
This Trade Promotion Agreement is
designated in the FAR as the Colombia
Free Trade Agreement (FTA). The FTA
provides for—
• Waiver of the applicability of the
Buy American statute (41 U.S.C. chapter
83) for some foreign supplies and
construction materials from Colombia;
and
• Applicability of specified
procurement procedures designed to
ensure fairness in the acquisition of
supplies and services (see FAR 25.408).
II. Discussion and Analysis
This interim rule adds Colombia to
the definition of ‘‘Free Trade Agreement
country’’ in multiple locations in the
FAR.
The Colombia FTA covers acquisition
of supplies and services equal to or
exceeding $77,494. The threshold for
the Colombia FTA is $7,777,000 for
construction. The excluded services for
the Colombia FTA are the same as for
the Bahrain FTA, Dominican RepublicCentral American FTA, Chile FTA,
NAFTA, Oman FTA, and Peru FTA.
Because the Colombia FTA
construction threshold of $7,777,000 is
the same as the WTO GPA threshold, no
new clause alternates are required for
the Buy American Act—Construction
Materials under Trade Agreements
provision and clause (FAR 52.225–11
and 52.225–12) or the Recovery Act
FAR clauses at 52.225–23 and 52.225–
24.
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
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Jkt 226001
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.
IV. Regulatory Flexibility Act
DoD, GSA, and NASA do not expect
this interim rule 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 now opens up Government
procurement to the goods and services
of Colombia, DoD, GSA, and NASA 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
225.401–70, and acquisitions that are set
aside or provide other form of
preference for small businesses are
exempt. FAR 19.502–2 states that
acquisitions of supplies or services with
an anticipated dollar value between
$3,000 and $150,000 (with some
exceptions) are automatically reserved
for small business concerns.
Therefore, an Initial Regulatory
Flexibility Analysis has not been
performed. DoD, GSA, and NASA invite
comments from small business concerns
and other interested parties on the
expected impact of this rule on small
entities.
DoD, GSA, and NASA will also
consider comments from small entities
concerning the existing regulations in
subparts affected by the rule in
accordance with 5 U.S.C. 610. Interested
parties must submit such comments
separately and should cite 5 U.S.C. 610
(FAC 2005–59, FAR Case 2012–012), in
correspondence.
V. Paperwork Reduction Act
This rule affects the certification and
information collection requirements in
the provisions at FAR 52.212–3, 52.225–
4, 52.225–6, and 52.225–11 currently
approved under OMB Control Numbers
9000–0136, 9000–0130, 9000–0025, and
9000–0141, respectively, in accordance
with the Paperwork Reduction Act (44
U.S.C. chapter 35). The impact,
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27549
however, is negligible because it is just
a question of which category offered
goods from Colombia would be listed
under.
VI. Determination To Issue an Interim
Rule
A determination has been made under
the authority of the Secretary of Defense
(DoD), the Administrator of General
Services (GSA), and the Administrator
of the National Aeronautics and Space
Administration (NASA) that urgent and
compelling reasons exist to promulgate
this interim rule without prior
opportunity for public comment. This
action is necessary because the effective
date of the Free Trade Agreement with
Colombia is May 15, 2012. This is a
reciprocal agreement, approved by
Congress and the President of the
United States. It is important for the
United States Government to honor its
new trade obligations to Colombia, as
Colombia in turn honors its new trade
obligations to the United States.
However, pursuant to 41 U.S.C. 1707
and FAR 1.501–3(b), DoD, GSA, and
NASA will consider public comments
received in response to this interim rule
in the formation of the final rule.
List of Subjects in 48 CFR Parts 25 and
52
Government procurement.
Dated: May 3, 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 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
25.003
[Amended]
3. Amend section 25.003 by removing
from paragraph (2) of the definition
‘‘Designated country’’, and the
definition ‘‘Free Trade Agreement
country’’ the words ‘‘Chile, Costa Rica’’
and adding the words ‘‘Chile, Colombia,
Costa Rica’’ in their place.
■ 4. Amend section 25.400 by removing
from paragraph (a)(2)(ix) ‘‘; and’’ and
adding ‘‘;’’ in its place; removing from
paragraph (a)(2)(x) ‘‘;’’ and adding ‘‘;
and’’ in its place; and adding paragraph
(a)(2)(xi) to read as follows:
■
25.400
Scope of subpart.
(a) * * *
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Federal Register / Vol. 77, No. 91 / Thursday, May 10, 2012 / Rules and Regulations
(2) * * *
(xi) Colombia FTA (the United StatesColombia Trade Promotion Agreement
Implementation Act (Pub. L. 112–42)
(19 U.S.C. 3805 note));
*
*
*
*
*
25.401
[Amended]
5. Amend section 25.401 in the table
that follows paragraph (b) by removing
from the table heading ‘‘CAFTA–DR,
Chile’’ and adding ‘‘CAFTA–DR,
Colombia FTA, Chile’’ in its place.
■
WTO GPA ..................................................................................................................
FTAs:
Australia FTA ......................................................................................................
Bahrain FTA .......................................................................................................
CAFTA–DR (Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua) ....................................................................................
Chile FTA ............................................................................................................
Colombia FTA .....................................................................................................
Korea FTA ..........................................................................................................
Morocco FTA ......................................................................................................
NAFTA:
—Canada ....................................................................................................
—Mexico ......................................................................................................
Oman FTA ..........................................................................................................
Peru FTA ............................................................................................................
Singapore FTA ...................................................................................................
Israeli Trade Act ........................................................................................................
7. Amend section 52.212–5 by
revising the date of the clause, and
paragraphs (b)(40)(i) 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
(MAY 2012)
srobinson on DSK4SPTVN1PROD with RULES2
*
*
*
*
*
(b) * * *
__ (40)(i) 52.225–3, Buy American
Act—Free Trade Agreements—Israeli
Trade Act (MAY 2012) (41 U.S.C.
chapter 83, 19 U.S.C. 3301 note, 19
U.S.C. 2112 note, 19 U.S.C. 3805 note,
19 U.S.C. 4001 note, Pub. L. 103–182,
108–77, 108–78, 108–286, 108–302,
109–53, 109–169, 109–283, 110–138,
112–41, and 112–42).
*
*
*
*
*
__ (41) 52.225–5, Trade Agreements
(MAY 2012) (19 U.S.C. 2501, et seq.,
19 U.S.C. 3301 note).
*
*
*
*
*
52.225–3
[Amended]
8. Amend section 52.225–3 by
revising the date of the clause to read
‘‘(MAY 2012)’’; and in paragraph (a)
removing from the definition ‘‘Free
■
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Jkt 226001
25.402
*
General.
*
*
(b) * * *
Supply contract
(equal to or
exceeding)
Trade agreement
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
6. Amend section 25.402 by revising
the table that follows paragraph (b) to
read as follows:
■
*
*
Service contract
(equal to or
exceeding)
Construction
contract
(equal to or
exceeding)
$202,000
$202,000
$7,777,000
77,494
202,000
77,494
202,000
7,777,000
10,074,262
77,494
77,494
77,494
100,000
202,000
77,494
77,494
77,494
100,000
202,000
7,777,000
7,777,000
7,777,000
7,777,000
7,777,000
25,000
77,494
202,000
202,000
77,494
50,000
77,494
77,494
202,000
202,000
77,494
—
10,074,262
10,074,262
10,074,262
7,777,000
7,777,000
—
Trade Agreement country’’ the words
‘‘Chile, Costa Rica’’ and adding the
words ‘‘Chile, Colombia, Costa Rica’’ in
their place.
DEPARTMENT OF DEFENSE
52.225–5
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Amended]
9. Amend section 52.225–5 by
revising the date of the clause to read
‘‘(MAY 2012)’’; and in paragraph (a)
removing from paragraph (2) of the
definition ‘‘Designated country’’ the
words ‘‘Chile, Costa Rica’’ and adding
the words ‘‘Chile, Colombia, Costa Rica’’
in their place.
■
52.225–11
[Amended]
10. Amend section 52.225–11 by
revising the date of the clause to read
‘‘(MAY 2012)’’; and in paragraph (a)
removing from paragraph (2) of the
definition ‘‘Designated country’’ the
words ‘‘Chile, Costa Rica’’ and adding
the words ‘‘Chile, Colombia, Costa Rica’’
in their place.
■
52.225–23
[Amended]
11. Amend section 52.225–23 by
revising the date of the clause to read
‘‘(MAY 2012)’’; and in paragraph (a)
removing from paragraph (2) of the
definitions ‘‘Designated country’’ and
‘‘Recovery Act designated country’’ the
words ‘‘Chile, Costa Rica’’ and adding
the words ‘‘Chile, Colombia, Costa Rica’’
in their place.
■
[FR Doc. 2012–11149 Filed 5–9–12; 8:45 am]
BILLING CODE 6820–EP–P
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GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 30 and 52
[FAC 2005–59; FAR Case 2012–003;
Item III; Docket 2012–0003, Sequence 1]
RIN 9000–AM25
Federal Acquisition Regulation;
Revision of Cost Accounting
Standards Threshold
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCY:
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
revise the threshold for applicability of
cost accounting standards in order to
implement a recent rule of the Cost
Accounting Standards Board and
statutory requirements.
DATES: Effective Date: May 10, 2012.
FOR FURTHER INFORMATION CONTACT: Mr.
Edward N. Chambers, Procurement
Analyst, at 202–501–3221 for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
SUMMARY:
E:\FR\FM\10MYR2.SGM
10MYR2
]]>Agencies
[Federal Register Volume 77, Number 91 (Thursday, May 10, 2012)]
[Rules and Regulations]
[Pages 27548-27550]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11149]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 25 and 52
[FAC 2005-59; FAR Case 2012-012; Item II; Docket 2012-0012, Sequence 1]
RIN 9000-AM24
Federal Acquisition Regulation; Free Trade Agreement--Colombia
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim rule.
-----------------------------------------------------------------------
SUMMARY: DoD, GSA, and NASA are issuing an interim rule amending the
Federal Acquisition Regulation (FAR) to implement the United States-
Colombia Trade Promotion Agreement. This Trade Promotion Agreement is a
free trade agreement that provides for mutually non-discriminatory
treatment of eligible products and services from Colombia.
DATES: Effective Date: May 15, 2012.
Comment Date: Interested parties should submit written comments to
the Regulatory Secretariat on or before July 9, 2012 to be considered
in the formulation of a final rule.
ADDRESSES: Submit comments identified by FAC 2005-59, FAR Case 2012-
012, by any of the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by searching ``FAR Case
2012-012''. Select the link ``Submit a Comment'' that corresponds with
``FAR Case 2012-012.'' Follow the instructions provided at the ``Submit
a Comment'' screen. Please include your name, company name (if any),
and ``FAR Case 2012-012'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (MVCB), ATTN: Hada Flowers, 1275 First Street NE., 7th
Floor, Washington, DC 20417.
Instructions: Please submit comments only and cite FAC 2005-59, FAR
Case 2012-012, in all correspondence related
[[Page 27549]]
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: 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 2005-59, FAR Case 2012-
012.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA are issuing an interim rule amending the Federal
Acquisition Regulation (FAR), to amend FAR part 25 and the
corresponding provisions and clauses in FAR part 52 to implement the
United States-Colombia Trade Promotion Agreement Implementation Act
(Pub. L. 112-42) (19 U.S.C. 3805 note).
This Trade Promotion Agreement is designated in the FAR as the
Colombia Free Trade Agreement (FTA). The FTA provides for--
Waiver of the applicability of the Buy American statute
(41 U.S.C. chapter 83) for some foreign supplies and construction
materials from Colombia; and
Applicability of specified procurement procedures designed
to ensure fairness in the acquisition of supplies and services (see FAR
25.408).
II. Discussion and Analysis
This interim rule adds Colombia to the definition of ``Free Trade
Agreement country'' in multiple locations in the FAR.
The Colombia FTA covers acquisition of supplies and services equal
to or exceeding $77,494. The threshold for the Colombia FTA is
$7,777,000 for construction. The excluded services for the Colombia FTA
are the same as for the Bahrain FTA, Dominican Republic-Central
American FTA, Chile FTA, NAFTA, Oman FTA, and Peru FTA.
Because the Colombia FTA construction threshold of $7,777,000 is
the same as the WTO GPA threshold, no new clause alternates are
required for the Buy American Act--Construction Materials under Trade
Agreements provision and clause (FAR 52.225-11 and 52.225-12) or the
Recovery Act FAR clauses at 52.225-23 and 52.225-24.
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 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
DoD, GSA, and NASA do not expect this interim rule 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 now opens up Government procurement to the goods
and services of Colombia, DoD, GSA, and NASA 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 225.401-70,
and acquisitions that are set aside or provide other form of preference
for small businesses are exempt. FAR 19.502-2 states that acquisitions
of supplies or services with an anticipated dollar value between $3,000
and $150,000 (with some exceptions) are automatically reserved for
small business concerns.
Therefore, an Initial Regulatory Flexibility Analysis has not been
performed. DoD, GSA, and NASA invite comments from small business
concerns and other interested parties on the expected impact of this
rule on small entities.
DoD, GSA, and NASA will also consider comments from small entities
concerning the existing regulations in subparts affected by the rule in
accordance with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S.C. 610 (FAC 2005-59, FAR Case
2012-012), in correspondence.
V. Paperwork Reduction Act
This rule affects the certification and information collection
requirements in the provisions at FAR 52.212-3, 52.225-4, 52.225-6, and
52.225-11 currently approved under OMB Control Numbers 9000-0136, 9000-
0130, 9000-0025, and 9000-0141, respectively, in accordance with the
Paperwork Reduction Act (44 U.S.C. chapter 35). The impact, however, is
negligible because it is just a question of which category offered
goods from Colombia would be listed under.
VI. Determination To Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense (DoD), the Administrator of General Services (GSA), and the
Administrator of the National Aeronautics and Space Administration
(NASA) that urgent and compelling reasons exist to promulgate this
interim rule without prior opportunity for public comment. This action
is necessary because the effective date of the Free Trade Agreement
with Colombia is May 15, 2012. This is a reciprocal agreement, approved
by Congress and the President of the United States. It is important for
the United States Government to honor its new trade obligations to
Colombia, as Colombia in turn honors its new trade obligations to the
United States. However, pursuant to 41 U.S.C. 1707 and FAR 1.501-3(b),
DoD, GSA, and NASA will consider public comments received in response
to this interim rule in the formation of the final rule.
List of Subjects in 48 CFR Parts 25 and 52
Government procurement.
Dated: May 3, 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 25 and 52 as set
forth below:
0
1. The authority citation for 48 CFR parts 25 and 52 continues to read
as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 25--FOREIGN ACQUISITION
25.003 [Amended]
0
3. Amend section 25.003 by removing from paragraph (2) of the
definition ``Designated country'', and the definition ``Free Trade
Agreement country'' the words ``Chile, Costa Rica'' and adding the
words ``Chile, Colombia, Costa Rica'' in their place.
0
4. Amend section 25.400 by removing from paragraph (a)(2)(ix) ``; and''
and adding ``;'' in its place; removing from paragraph (a)(2)(x) ``;''
and adding ``; and'' in its place; and adding paragraph (a)(2)(xi) to
read as follows:
25.400 Scope of subpart.
(a) * * *
[[Page 27550]]
(2) * * *
(xi) Colombia FTA (the United States-Colombia Trade Promotion
Agreement Implementation Act (Pub. L. 112-42) (19 U.S.C. 3805 note));
* * * * *
25.401 [Amended]
0
5. Amend section 25.401 in the table that follows paragraph (b) by
removing from the table heading ``CAFTA-DR, Chile'' and adding ``CAFTA-
DR, Colombia FTA, Chile'' in its place.
0
6. Amend section 25.402 by revising the table that follows paragraph
(b) to read as follows:
25.402 General.
* * * * *
(b) * * *
----------------------------------------------------------------------------------------------------------------
Supply contract Service contract Construction
Trade agreement (equal to or (equal to or contract (equal
exceeding) exceeding) to or exceeding)
----------------------------------------------------------------------------------------------------------------
WTO GPA................................................ $202,000 $202,000 $7,777,000
FTAs:
Australia FTA...................................... 77,494 77,494 7,777,000
Bahrain FTA........................................ 202,000 202,000 10,074,262
CAFTA-DR (Costa Rica, Dominican Republic, El 77,494 77,494 7,777,000
Salvador, Guatemala, Honduras, and Nicaragua).....
Chile FTA.......................................... 77,494 77,494 7,777,000
Colombia FTA....................................... 77,494 77,494 7,777,000
Korea FTA.......................................... 100,000 100,000 7,777,000
Morocco FTA........................................ 202,000 202,000 7,777,000
NAFTA:
--Canada....................................... 25,000 77,494 10,074,262
--Mexico....................................... 77,494 77,494 10,074,262
Oman FTA........................................... 202,000 202,000 10,074,262
Peru FTA........................................... 202,000 202,000 7,777,000
Singapore FTA...................................... 77,494 77,494 7,777,000
Israeli Trade Act...................................... 50,000 -- --
----------------------------------------------------------------------------------------------------------------
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
7. Amend section 52.212-5 by revising the date of the clause, and
paragraphs (b)(40)(i) 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 (MAY 2012)
* * * * *
(b) * * *
---- (40)(i) 52.225-3, Buy American Act--Free Trade Agreements--
Israeli Trade Act (MAY 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301
note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note,
Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169,
109-283, 110-138, 112-41, and 112-42).
* * * * *
---- (41) 52.225-5, Trade Agreements (MAY 2012) (19 U.S.C. 2501, et
seq., 19 U.S.C. 3301 note).
* * * * *
52.225-3 [Amended]
0
8. Amend section 52.225-3 by revising the date of the clause to read
``(MAY 2012)''; and in paragraph (a) removing from the definition
``Free Trade Agreement country'' the words ``Chile, Costa Rica'' and
adding the words ``Chile, Colombia, Costa Rica'' in their place.
52.225-5 [Amended]
0
9. Amend section 52.225-5 by revising the date of the clause to read
``(MAY 2012)''; and in paragraph (a) removing from paragraph (2) of the
definition ``Designated country'' the words ``Chile, Costa Rica'' and
adding the words ``Chile, Colombia, Costa Rica'' in their place.
52.225-11 [Amended]
0
10. Amend section 52.225-11 by revising the date of the clause to read
``(MAY 2012)''; and in paragraph (a) removing from paragraph (2) of the
definition ``Designated country'' the words ``Chile, Costa Rica'' and
adding the words ``Chile, Colombia, Costa Rica'' in their place.
52.225-23 [Amended]
0
11. Amend section 52.225-23 by revising the date of the clause to read
``(MAY 2012)''; and in paragraph (a) removing from paragraph (2) of the
definitions ``Designated country'' and ``Recovery Act designated
country'' the words ``Chile, Costa Rica'' and adding the words ``Chile,
Colombia, Costa Rica'' in their place.
[FR Doc. 2012-11149 Filed 5-9-12; 8:45 am]
BILLING CODE 6820-EP-P
