Defense Federal Acquisition Regulation Supplement: United States-Korea Free Trade Agreement (DFARS Case 2012-D025), 18876 [2013-07131]
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18876
Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Rules and Regulations
PROPOSAL ADEQUACY CHECKLIST—Continued
Proposal
page No.
References
Submission item
36. FAR 15.408(n) ........................................................
FAR 52.215–22
FAR 52.215–23
Excessive Pass-through Charges—Identification of
Subcontract Effort: If the offeror intends to subcontract more than 70% of the total cost of work to
be performed, does the proposal identify:
(i) the amount of the offeror’s indirect costs and profit
applicable to the work to be performed by the proposed subcontractor(s); and (ii) a description of the
added value provided by the offeror as related to
the work to be performed by the proposed subcontractor(s)?
(End of provision)
[FR Doc. 2013–07106 Filed 3–27–13; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 225 and 252
RIN 0750–AH69
Defense Federal Acquisition
Regulation Supplement: United StatesKorea Free Trade Agreement (DFARS
Case 2012–D025)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
SUMMARY: DoD has adopted as final,
without change, an interim rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement the United
States-Korea Free Trade Agreement. The
Republic of Korea is already party to the
World Trade Organization Government
Procurement Agreement.
DATES: Effective date: March 28, 2013.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Williams, telephone: 571–372–
6106.
SUPPLEMENTARY INFORMATION:
I. Background
srobinson on DSK4SPTVN1PROD with RULES
If not provided
EXPLAIN
(may use
continuation
pages)
DoD published an interim rule in the
Federal Register at 77 FR 30356 on May
22, 2012, to implement the United
States-Korea Free Trade Agreement (see
the United States-Korea Free Trade
Agreement Implementation Act (Pub. L.
112–41) (19 U.S.C. 3805 note)). There
were no public comments submitted in
response to the interim rule.
VerDate Mar<15>2010
17:43 Mar 27, 2013
Jkt 229001
II. 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.
III. Regulatory Flexibility Act
DoD certifies that this 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.
Korea is already a designated country
under the World Trade Organization
(WTO) Agreement on Government
Procurement (GPA). Although the rule
now opens up Government procurement
to the goods and services of Korea at or
above the threshold of $100,000, DoD
does not anticipate any significant
economic impact on U.S. small
businesses. DoD only applies the trade
agreements to the non-defense items
listed at DFARS 225.401–70, and
acquisitions that are set aside or provide
other forms of preference for small
businesses are exempt. FAR 19.502–2
states that acquisitions that do not
exceed $150,000 (except as described in
paragraph (1) of the definition of
‘‘simplified acquisition threshold’’ at
FAR 2.101) are automatically reserved
exclusively for small business concerns,
unless the contracting officer
PO 00000
Frm 00082
Fmt 4700
Sfmt 9990
determines that there is not a reasonable
expectation of obtaining offers from two
or more responsible small business
concerns.
IV. Paperwork Reduction Act
This rule affects the certification and
information collection requirements in
the provision at DFARS 252.225–7035,
currently approved under OMB Control
Number 0704–0229, titled Defense
Federal Acquisition Regulation
Supplement part 225, Foreign
Acquisition, and related clauses, in
accordance with the Paperwork
Reduction Act (44 U.S.C. chapter 35).
OMB Control Number 0704–0229
assessed the total burden related to part
225 at approximately 57,230 hours. The
impact of this rule, however, is
negligible, because it is just a question
of under which category offered goods
from the Republic of Korea would be
listed. The rule also affects DFARS
252.225–7018, which is a variant of the
Buy American-trade agreements
certifications already approved, which
was issued as an interim rule under
DFARS Case 2011–D046 (76 FR 78858,
December 20, 2011).
List of Subjects in 48 CFR Parts 225 and
252
Government procurement.
Kortnee Stewart,
Editor, Defense Acquisition Regulations
System.
Interim Rule Adopted as Final Without
Change
Accordingly, the interim rule
amending 48 CFR parts 225 and 252,
which was published at 77 FR 30356 on
May 22, 2012, is adopted as a final rule
without change.
[FR Doc. 2013–07131 Filed 3–27–13; 8:45 am]
BILLING CODE 5001–06–P
E:\FR\FM\28MRR1.SGM
28MRR1
]]>Agencies
[Federal Register Volume 78, Number 60 (Thursday, March 28, 2013)]
[Rules and Regulations]
[Page 18876]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07131]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 225 and 252
RIN 0750-AH69
Defense Federal Acquisition Regulation Supplement: United States-
Korea Free Trade Agreement (DFARS Case 2012-D025)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD has adopted as final, without change, an interim rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to implement the United States-Korea Free Trade Agreement. The Republic
of Korea is already party to the World Trade Organization Government
Procurement Agreement.
DATES: Effective date: March 28, 2013.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, telephone: 571-372-
6106.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published an interim rule in the Federal Register at 77 FR
30356 on May 22, 2012, to implement the United States-Korea Free Trade
Agreement (see the United States-Korea Free Trade Agreement
Implementation Act (Pub. L. 112-41) (19 U.S.C. 3805 note)). There were
no public comments submitted in response to the interim rule.
II. 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.
III. Regulatory Flexibility Act
DoD certifies that this 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. Korea is already
a designated country under the World Trade Organization (WTO) Agreement
on Government Procurement (GPA). Although the rule now opens up
Government procurement to the goods and services of Korea at or above
the threshold of $100,000, DoD does not anticipate any significant
economic impact on U.S. small businesses. DoD only applies the trade
agreements to the non-defense items listed at DFARS 225.401-70, and
acquisitions that are set aside or provide other forms of preference
for small businesses are exempt. FAR 19.502-2 states that acquisitions
that do not exceed $150,000 (except as described in paragraph (1) of
the definition of ``simplified acquisition threshold'' at FAR 2.101)
are automatically reserved exclusively for small business concerns,
unless the contracting officer determines that there is not a
reasonable expectation of obtaining offers from two or more responsible
small business concerns.
IV. Paperwork Reduction Act
This rule affects the certification and information collection
requirements in the provision at DFARS 252.225-7035, currently approved
under OMB Control Number 0704-0229, titled Defense Federal Acquisition
Regulation Supplement part 225, Foreign Acquisition, and related
clauses, in accordance with the Paperwork Reduction Act (44 U.S.C.
chapter 35). OMB Control Number 0704-0229 assessed the total burden
related to part 225 at approximately 57,230 hours. The impact of this
rule, however, is negligible, because it is just a question of under
which category offered goods from the Republic of Korea would be
listed. The rule also affects DFARS 252.225-7018, which is a variant of
the Buy American-trade agreements certifications already approved,
which was issued as an interim rule under DFARS Case 2011-D046 (76 FR
78858, December 20, 2011).
List of Subjects in 48 CFR Parts 225 and 252
Government procurement.
Kortnee Stewart,
Editor, Defense Acquisition Regulations System.
Interim Rule Adopted as Final Without Change
Accordingly, the interim rule amending 48 CFR parts 225 and 252,
which was published at 77 FR 30356 on May 22, 2012, is adopted as a
final rule without change.
[FR Doc. 2013-07131 Filed 3-27-13; 8:45 am]
BILLING CODE 5001-06-P
