Federal Acquisition Regulation; Free Trade Agreement-Colombia, 6188-6189 [2013-01748]
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6188
Federal Register / Vol. 78, No. 19 / Tuesday, January 29, 2013 / Rules and Regulations
flexibility. The Office of Information
and Regulatory Affairs (OIRA) has
deemed that 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, and
that this rule is not a major rule under
5 U.S.C. 804.
IV. Regulatory Flexibility Act
The changes may 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. The Final
Regulatory Flexibility Analysis (FRFA)
is summarized as follows.
This rule implements section 825 of the
NDAA for FY 2011 and section 813 of the
NDAA for FY 2012, which extended the
sunset date for protests of task and delivery
orders valued in excess of $10 million from
May 27, 2011, to September 30, 2016.
The authority to file protests against the
award of task or delivery orders is relatively
new, and there is little data available, as such
protests may be filed with the agency or
Government Accountability Office (GAO).
GAO has exclusive jurisdiction of a protest
of an order valued in excess of $10 million.
Data on agency-level protests are not
compiled outside the agency concerned;
therefore estimates are based on the total
number of protests filed at the GAO in FYs
2009, 2010, and 2011.
Assuming that one-half of all protests are
filed with the GAO and the other half are
filed with the agency, then the average
number of protests filed per fiscal year would
be 4,466 (see below):
Fiscal Year 2009 protests to GAO .... 2,000
Fiscal Year 2010 protests to GAO .... 2,300
Fiscal Year 2011 protests to GAO .... 2,400
Divided by .........................................
Average annual GAO protests ..........
Multiplied by .....................................
ACTION:
# protests of task/delivery orders by
small businesses .............................
% of protests sustained .....................
559
× .03
# of task/delivery orders protests
sustained ........................................
17
The number 17 represents the number of
small business task or delivery order protests
sustained in a fiscal year. This number is
representative of protests against awards by
all Government agencies.
Interested parties may obtain a copy
of the FRFA from the Regulatory
Secretariat. The Regulatory Secretariat
has submitted a copy of the FRFA to the
Chief Counsel for Advocacy of the Small
Business Administration.
V. Paperwork Reduction Act
The final 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 16
Government procurement.
Dated: January 23, 2013.
Laura Auletta,
Director, Office of Governmentwide
Acquisition Policy, Office of Acquisition
Policy, Office of Governmentwide Policy.
Interim Rule Adopted as Final Without
Change
Accordingly, the interim rule
amending 48 CFR part 16, which was
published in the Federal Register at 77
FR 44062 on July 26, 2012, (which
incorporated an interim rule published
in the Federal Register at 76 FR 39238
6,700 on July 5, 2011), is adopted as final
3 without change.
2,233
2
■
[FR Doc. 2013–01747 Filed 1–28–13; 8:45 am]
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srobinson on DSK4SPTVN1PROD with
Per Fiscal Year; Estimated total
number of protests .........................
4,466
Protests may be filed against the award of
contracts as well as certain task or delivery
orders. There are few prohibitions on the
grounds for protests against the award of a
contract. However, protests against the award
of a task or delivery order are limited to (a)
a protest on the grounds that the order
increases the scope, period, or maximum
value of the contract; or (b) a protest of an
order valued in excess of $10 million.
Therefore, it is reasonable to assume that less
than 50 percent of the total number of
protests filed is against the award of a task
or delivery order. A generous estimate is
approximately one-fourth, or 1,117. Likewise,
only a percentage of the protests against the
award of a task or delivery order are made
by small businesses. Even if we assume that
percentage to be one-half, then the number of
protests filed by small businesses against the
award of a task or delivery order is estimated
to be 559.
VerDate Mar<15>2010
17:42 Jan 28, 2013
Jkt 229001
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 25 and 52
[FAC 2005–65; FAR Case 2012–012; Item
III; 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).
AGENCY:
PO 00000
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Fmt 4701
Sfmt 4700
Final rule.
DoD, GSA, and NASA have
adopted as final, with change, the
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 (FTA) that provides for
mutually non-discriminatory treatment
of eligible products and services from
Colombia.
DATES: Effective Date: January 29, 2013.
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 2005–65, FAR
Case 2012–012.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD, GSA, and NASA published an
interim rule in the Federal Register at
77 FR 27548 on May 10, 2012, to
implement the United States-Colombia
Trade Promotion Agreement
Implementation Act (Pub. L. 112–42)
(19 U.S.C. 3805 note). The comment
period closed on July 9, 2012. No
comments were received on the interim
rule.
The interim rule added 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 World Trade
Organization (WTO) Government
Procurement Agreement (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.
The final rule corrects the
alphabetical order of the listing of the
Colombia Free Trade Agreement in the
heading of the fourth column of the
table at FAR 25.401(b).
II. Executive Order 12866
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
E:\FR\FM\29JAR2.SGM
29JAR2
Federal Register / Vol. 78, No. 19 / Tuesday, January 29, 2013 / Rules and Regulations
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. The Office of Information
and Regulatory Affairs (OIRA) has
deemed that 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, and
that this rule is not a major rule under
5 U.S.C. 804.
III. Regulatory Flexibility Act
srobinson on DSK4SPTVN1PROD with
IV. Paperwork Reduction Act
Jkt 229001
Dated: January 23, 2013.
Laura Auletta,
Director, Office of Governmentwide
Acquisition Policy, Office of Acquisition
Policy.
certain Federal procurement payments
to foreign persons. The rule disallows
the cost associated with the 2 percent
excise tax on certain foreign
procurements.
DATES:
Effective Date: February 28,
2013.
Interim Rule Adopted as Final with
Change
Accordingly, the interim rule
amending 48 CFR parts 25 and 52,
which was published in the Federal
Register at 77 FR 27548, May 10, 2012,
is adopted as final with the following
change:
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
Secretariat at 202–501–4755. Please cite
FAC 2005–65, FAR Case 2011–011.
SUPPLEMENTARY INFORMATION:
■
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 51 U.S.C. 20113.
25.401
[Amended]
2. Amend section 25.401, in the table
that follows paragraph (b), by removing
from the table heading ‘‘Colombia FTA,
Chile FTA,’’ and adding ‘‘Chile FTA,
Colombia FTA,’’ in its place.
■
[FR Doc. 2013–01748 Filed 1–28–13; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 31 and 52
[FAC 2005–65; FAR Case 2011–011; Item
IV; Docket 2011–0011, Sequence 1]
RIN 9000–AM13
The 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 the Office of
Management and Budget Control
Numbers 9000–0136, titled: Commercial
Item Acquisition; 9000–0130, titled: Buy
American Act-Free Trade AgreementsIsraeli Trade Act Certificate; 9000–0025,
titled: Trade Agreements certificate; and
9000–0141, titled: Buy AmericanConstruction, 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
17:58 Jan 28, 2013
List of Subjects in 48 CFR Parts 25 and
52
Government procurement.
PART 25—FOREIGN ACQUISITION
The Department of Defense, the
General Services Administration, and
the National Aeronautics and Space
Administration certify that this final
rule will not 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.
VerDate Mar<15>2010
category offered goods from Colombia
would be listed under.
6189
Federal Acquisition Regulation;
Unallowability of Costs Associated
With Foreign Contractor Excise Tax
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
implement certain requirements of
section 301 of the James Zadroga 9/11
Health and Compensation Act of 2010,
which imposes a 2 percent excise tax on
SUMMARY:
PO 00000
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Fmt 4701
Sfmt 4700
FOR FURTHER INFORMATION CONTACT:
I. Background
The James Zadroga 9/11 Health and
Compensation Act of 2010 (Pub. L. 111–
347) was signed into law and effective
on January 2, 2011. Section 301 of the
Act amends the Internal Revenue Code
of 1986 by adding a new section 5000C,
Imposition of tax on certain foreign
procurements (26 U.S.C. 5000C).
Section 5000C imposes a 2 percent
excise tax on payments made to foreign
persons pursuant to Government
contracts for the provision of goods or
services, if the goods are manufactured
or produced in, or the services are
performed in, a country that is not a
party to an international procurement
agreement with the United States. The
statute applies to contracts entered into
on or after January 2, 2011. The statute
does not apply, however, if the
imposition of the tax would be
inconsistent with any international
agreement. The tax is to be collected in
a manner similar to other U.S. taxes
withheld on payments to foreign
persons. Additionally, section 301
stipulates that no funds are to be
disbursed to any foreign contractor in
order to reimburse the tax imposed (26
U.S.C. 5000C Note).
On February 22, 2012, DoD, GSA, and
NASA published a proposed rule in the
Federal Register at 77 FR 10461
implementing the prohibition against
reimbursement of the 2 percent excise
tax, by revising the FAR rules so that the
cost of the tax cannot be included as
part of a payment, or as part of a costbased negotiated price.
Regulations under section 5000C will
be forthcoming from the Department of
the Treasury that will provide specific
guidance regarding the application of
the tax and the procedures for
withholding the tax. Once the
Department of the Treasury implements
procedures for withholding this 2
percent excise tax, the impact on
E:\FR\FM\29JAR2.SGM
29JAR2
]]>Agencies
[Federal Register Volume 78, Number 19 (Tuesday, January 29, 2013)]
[Rules and Regulations]
[Pages 6188-6189]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01748]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 25 and 52
[FAC 2005-65; FAR Case 2012-012; Item III; 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: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD, GSA, and NASA have adopted as final, with change, the
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 (FTA) that provides
for mutually non-discriminatory treatment of eligible products and
services from Colombia.
DATES: Effective Date: January 29, 2013.
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 2005-65, FAR Case 2012-
012.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published an interim rule in the Federal
Register at 77 FR 27548 on May 10, 2012, to implement the United
States-Colombia Trade Promotion Agreement Implementation Act (Pub. L.
112-42) (19 U.S.C. 3805 note). The comment period closed on July 9,
2012. No comments were received on the interim rule.
The interim rule added 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 World Trade Organization (WTO) Government Procurement
Agreement (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.
The final rule corrects the alphabetical order of the listing of
the Colombia Free Trade Agreement in the heading of the fourth column
of the table at FAR 25.401(b).
II. Executive Order 12866
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs
[[Page 6189]]
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. The Office of
Information and Regulatory Affairs (OIRA) has deemed that 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, and that this rule is not a major rule under 5
U.S.C. 804.
III. Regulatory Flexibility Act
The Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final rule will not 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.
IV. Paperwork Reduction Act
The 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 the Office of Management and Budget
Control Numbers 9000-0136, titled: Commercial Item Acquisition; 9000-
0130, titled: Buy American Act-Free Trade Agreements-Israeli Trade Act
Certificate; 9000-0025, titled: Trade Agreements certificate; and 9000-
0141, titled: Buy American-Construction, 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.
List of Subjects in 48 CFR Parts 25 and 52
Government procurement.
Dated: January 23, 2013.
Laura Auletta,
Director, Office of Governmentwide Acquisition Policy, Office of
Acquisition Policy.
Interim Rule Adopted as Final with Change
0
Accordingly, the interim rule amending 48 CFR parts 25 and 52, which
was published in the Federal Register at 77 FR 27548, May 10, 2012, is
adopted as final with the following change:
PART 25--FOREIGN ACQUISITION
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 51
U.S.C. 20113.
25.401 [Amended]
0
2. Amend section 25.401, in the table that follows paragraph (b), by
removing from the table heading ``Colombia FTA, Chile FTA,'' and adding
``Chile FTA, Colombia FTA,'' in its place.
[FR Doc. 2013-01748 Filed 1-28-13; 8:45 am]
BILLING CODE 6820-EP-P
