Defense Federal Acquisition Regulation Supplement: Trade Agreements Thresholds (DFARS Case 2016-D003), 81470-81471 [2015-32875]
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Federal Register / Vol. 80, No. 250 / Wednesday, December 30, 2015 / Rules and Regulations
of these employees and remit those payments
to the appropriate Afghanistan taxing
authority. These withholdings are an
individual’s liability, not a tax against the
Contractor.
(e) The Contractor shall include the
substance of this clause, including this
paragraph (e), in all subcontracts, including
subcontracts for commercial items.
(End of clause)
252.229–7015 Taxes—Foreign Contracts in
Afghanistan (North Atlantic Treaty
Organization Status of Forces Agreement).
As prescribed in 229.402–70(l), use
the following clause:
Taxes—Foreign Contracts in Afghanistan
(North Atlantic Treaty Organization Status
of Forces Agreement) (DEC 2015)
(a) This acquisition is covered by the
Status of Forces Agreement (SOFA) entered
into between the North Atlantic Treaty
Organization (NATO) and the Islamic
Republic of Afghanistan issued on September
30, 2014, and entered into force on January
1, 2015.
(b) The SOFA exempts NATO Forces and
its contractors and subcontractors (other than
those that are Afghan legal entities or
residents) from paying any tax or similar
charge assessed within Afghanistan. The
SOFA also exempts the acquisition,
importation, exportation, reexportation,
transportation and use of supplies and
services in Afghanistan from all Afghan
taxes, customs, duties, fees, or similar
charges.
(c) The Contractor shall exclude any
Afghan taxes, customs, duties, fees or similar
charges from the contract price, other than
those that are Afghan legal entities or
residents.
(d) Afghan citizens employed by NATO
contractors and subcontractors are subject to
Afghan tax laws. To the extent required by
Afghan law, the Contractor shall withhold
tax from the wages of these employees and
remit those withholdings to the Afghanistan
Revenue Department. These withholdings are
an individual’s liability, not a tax against the
Contractor.
(e) The Contractor shall include the
substance of this clause, including this
paragraph (e), in all subcontracts including
subcontracts for commercial items.
(End of clause)
[FR Doc. 2015–32870 Filed 12–29–15; 8:45 am]
ACTION:
Final rule.
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to incorporate increased
thresholds for application of the World
Trade Organization Government
Procurement Agreement and the Free
Trade Agreements, as determined by the
United States Trade Representative.
SUMMARY:
DATES:
Effective: January 1, 2016.
Ms.
Amy G. Williams, telephone 571–372–
6106.
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 5001–06–P
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF DEFENSE
I. Background
Defense Acquisition Regulations
System
Every two years, the trade agreements
thresholds are escalated according to a
predetermined formula set forth in the
agreements. The United States Trade
Representative has specified the
following new thresholds in the Federal
Register (80 FR 77694, December 15,
2015):
48 CFR Parts 225 and 252
[Docket DARS–2015–0066]
RIN 0750–AI79
Defense Federal Acquisition
Regulation Supplement: Trade
Agreements Thresholds (DFARS Case
2016–D003)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
AGENCY:
Supply contract
(equal to or
exceeding)
Trade agreement
WTO GPA ........................................................................................................................................................
FTAs:
Australia FTA ............................................................................................................................................
Bahrain FTA .............................................................................................................................................
CAFTA–DR (Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua) ...
Chile FTA ..................................................................................................................................................
Colombia FTA ...........................................................................................................................................
Korea FTA ................................................................................................................................................
Morocco FTA ............................................................................................................................................
NAFTA
—Canada ..........................................................................................................................................
—Mexico ............................................................................................................................................
Panama FTA ............................................................................................................................................
Peru FTA ..................................................................................................................................................
Singapore FTA .........................................................................................................................................
mstockstill on DSK4VPTVN1PROD with RULES
II. Discussion and Analysis
This final rule implements the new
thresholds in DFARS part 225, Foreign
Contracting, for sections that include
trade agreements thresholds (i.e.,
225.1101, 225.7017–3, 225.7017–4, and
225.7503). Additionally, the rule
updates clauses 252.225–7017,
Photovoltaic Devices, and 252.225–
7018, Photovoltaic Devices—Certificate,
VerDate Sep<11>2014
16:09 Dec 29, 2015
Jkt 238001
with conforming changes. A minor
technical amendment corrects cross
references at 225.1101(10)(i) and
paragraphs (b)(1)(i) and (ii) of the clause
at 252.225–7018.
III. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
The statute that applies to the
publication of the Federal Acquisition
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
Construction
contract
(equal to or
exceeding)
191,000
7,358,000
77,533
191,000
77,533
77,533
77,533
100,000
191,000
7,358,000
10,079,365
7,358,000
7,358,000
7,358,000
7,358,000
7,358,000
25,000
77,533
191,000
191,000
77,533
10,079,365
10,079,365
7,358,000
7,358,000
7,358,000
Regulation (FAR) is 41. U.S.C. entitled
‘‘Publication of Proposed Regulations.’’
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
E:\FR\FM\30DER1.SGM
30DER1
Federal Register / Vol. 80, No. 250 / Wednesday, December 30, 2015 / Rules and Regulations
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 only adjusts the thresholds
according to predetermined formulae to
adjust for changes in economic
conditions, thus maintaining the status
quo, without significant effect beyond
the internal operating procedures of the
Government.
List of Subjects in 48 CFR Parts 225 and
252
Government procurement.
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 225 and 252
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 225 and 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and CFR chapter
IV. Executive Orders 12866 and 13563
1.
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
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 does
not require publication for public
comment.
mstockstill on DSK4VPTVN1PROD with RULES
VI. Paperwork Reduction Act
The Paperwork Reduction Act (44
U.S.C. chapter 35) does apply, because
the final rule affects the prescriptions
for use of the certification and
information collection requirements in
the provision at DFARS 252.225–7035
and the certification and information
collection requirements in the provision
at DFARS 252.225–7018 (both currently
approved under OMB Control #0704–
0229), Defense Federal Acquisition
Regulation Supplement Part 225,
Foreign Acquisition and Related
Clauses. However, there is no impact on
the estimated burden hours, because the
threshold changes are in line with
inflation and maintain the status quo.
VerDate Sep<11>2014
16:09 Dec 29, 2015
Jkt 238001
PART 225—FOREIGN CONTRACTING
225.1101
[Amended]
2. Amend section 225.1101—
a. In paragraph (6) introductory text,
by removing ‘‘$204,000’’ and adding
‘‘$191,000’’ in its place;
■ b. In paragraph (10)(i) introductory
text, by removing ‘‘$204,000’’ and
adding ‘‘$191,000’’ in its place, and
removing ‘‘at 25.401 applies’’ and
adding ‘‘at FAR 25.401 or 225.401
applies’’ in its place;
■ c. In paragraphs (10)(i)(A), by
removing ‘‘$204,000’’ and adding
‘‘$191,000’’ in its place;
■ d. In paragraph (10)(i)(B), by removing
‘‘$79,507’’ and adding ‘‘$77,533’’ in its
place;
■ e. In paragraph (10)(i)(C), by removing
‘‘$204,000’’ and adding ‘‘$191,000’’ in
its place; and
■ f. In paragraphs (10)(i)(D) through (F),
by removing ‘‘$79,507’’ wherever it
appears and adding ‘‘$77,533)’’ in its
place.
■
■
225.7017–3
[Amended]
3. Amend section 225.7017–3 in
paragraph (b) by removing ‘‘$204,000’’
and adding ‘‘$191,000’’ in its place.
■
225.7017–4
[Amended]
4. Amend section 225.7017–4 in
paragraphs (a)(1) and (b)(1) by removing
‘‘$204,000’’ and adding ‘‘$191,000’’ in
both places.
■
225.7503
[Amended]
5. Amend section 225.7503—
a. In paragraphs (a) and (b)
introductory text, by removing
‘‘$7,864,000’’ and adding ‘‘$7,358,000’’
in both places;
■ b. In paragraph (b)(1), by removing
‘‘$10,335,931’’ and adding
‘‘$10,079,365’’ in its place;
■ c. In paragraph (b)(2), by removing
‘‘$7,864,000’’ and adding ‘‘$7,358,000’’
in its place, and removing
‘‘$10,335,931’’ and adding
‘‘$10,079,365’’ in its place;
■
■
PO 00000
Frm 00033
Fmt 4700
Sfmt 9990
81471
d. In paragraph (b)(3) by removing,
‘‘$10,335,931’’ and adding
‘‘$10,079,365’’ in its place; and
■ e. In paragraph (b)(4), by removing
‘‘$7,864,000’’ and adding ‘‘$7,358,000’’
in its place, and removing
‘‘$10,335,931’’ and adding
‘‘$10,079,365’’ in its place.
■
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.225–7017
[Amended]
6. Amend section 252.225–7017—
a. By removing clause date ‘‘(NOV
2015)’’ and adding ‘‘(JAN 2016)’’ in its
place;
■ b. In paragraphs (c)(2) and (3), by
removing ‘‘$79,507’’ and adding
‘‘$77,533’’ in its place; and
■ c. In paragraphs (c)(4) and (5), by
removing ‘‘$204,000’’ and adding
‘‘$191,000’’ in its place.
■
■
252.225–7018
[Amended]
7. Amend section 252.225–7018—
a. By removing clause date ‘‘(NOV
2015)’’ and adding ‘‘(JAN 2016)’’ in its
place;
■ b. In paragraph (b)(1) introductory
text, by removing ‘‘$204,000’’ and
adding ‘‘$191,000’’ in its place;
■ c. In paragraph (b)(1)(i), by removing
‘‘DFARS 225.217–4(b)’’ and adding
‘‘DFARS 225.7017–4(b)’’ in its place;
■ d. In paragraph (b)(1)(ii), by removing
‘‘DFARS 225.217–4(a)’’ and adding
‘‘DFARS 225.7017–4(a)’’ in its place;
■ e. In paragraph (b)(2), by removing
‘‘$204,000’’ and adding ‘‘$191,000’’ in
its place;
■ f. In paragraphs (d)(3) and (4)
introductory text, by removing
‘‘$79,507’’ and adding ‘‘$77,533’’ in
both places; and
■ g. In paragraphs (d)(5) and (6)
introductory text, by removing
‘‘$204,000’’ and adding ‘‘$191,000’’ in
both places.
■
■
[FR Doc. 2015–32875 Filed 12–29–15; 8:45 am]
BILLING CODE 5001–06–P
E:\FR\FM\30DER1.SGM
30DER1
]]>Agencies
[Federal Register Volume 80, Number 250 (Wednesday, December 30, 2015)]
[Rules and Regulations]
[Pages 81470-81471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32875]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 225 and 252
[Docket DARS-2015-0066]
RIN 0750-AI79
Defense Federal Acquisition Regulation Supplement: Trade
Agreements Thresholds (DFARS Case 2016-D003)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to incorporate increased
thresholds for application of the World Trade Organization Government
Procurement Agreement and the Free Trade Agreements, as determined by
the United States Trade Representative.
DATES: Effective: January 1, 2016.
FOR FURTHER INFORMATION CONTACT: Ms. Amy G. Williams, telephone 571-
372-6106.
SUPPLEMENTARY INFORMATION:
I. Background
Every two years, the trade agreements thresholds are escalated
according to a predetermined formula set forth in the agreements. The
United States Trade Representative has specified the following new
thresholds in the Federal Register (80 FR 77694, December 15, 2015):
------------------------------------------------------------------------
Construction
Supply contract contract (equal
Trade agreement (equal to or to or
exceeding) exceeding)
------------------------------------------------------------------------
WTO GPA............................. 191,000 7,358,000
FTAs:
Australia FTA................... 77,533 7,358,000
Bahrain FTA..................... 191,000 10,079,365
CAFTA-DR (Costa Rica, Dominican 77,533 7,358,000
Republic, El Salvador,
Guatemala, Honduras, and
Nicaragua).....................
Chile FTA....................... 77,533 7,358,000
Colombia FTA.................... 77,533 7,358,000
Korea FTA....................... 100,000 7,358,000
Morocco FTA..................... 191,000 7,358,000
NAFTA
--Canada.................... 25,000 10,079,365
--Mexico.................... 77,533 10,079,365
Panama FTA...................... 191,000 7,358,000
Peru FTA........................ 191,000 7,358,000
Singapore FTA................... 77,533 7,358,000
------------------------------------------------------------------------
II. Discussion and Analysis
This final rule implements the new thresholds in DFARS part 225,
Foreign Contracting, for sections that include trade agreements
thresholds (i.e., 225.1101, 225.7017-3, 225.7017-4, and 225.7503).
Additionally, the rule updates clauses 252.225-7017, Photovoltaic
Devices, and 252.225-7018, Photovoltaic Devices--Certificate, with
conforming changes. A minor technical amendment corrects cross
references at 225.1101(10)(i) and paragraphs (b)(1)(i) and (ii) of the
clause at 252.225-7018.
III. Publication of This Final Rule for Public Comment Is Not Required
by Statute
The statute that applies to the publication of the Federal
Acquisition Regulation (FAR) is 41. U.S.C. entitled ``Publication of
Proposed Regulations.'' 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
[[Page 81471]]
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
only adjusts the thresholds according to predetermined formulae to
adjust for changes in economic conditions, thus maintaining the status
quo, without significant effect beyond the internal operating
procedures of the Government.
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 not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
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 does not require
publication for public comment.
VI. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) does apply,
because the final rule affects the prescriptions for use of the
certification and information collection requirements in the provision
at DFARS 252.225-7035 and the certification and information collection
requirements in the provision at DFARS 252.225-7018 (both currently
approved under OMB Control #0704-0229), Defense Federal Acquisition
Regulation Supplement Part 225, Foreign Acquisition and Related
Clauses. However, there is no impact on the estimated burden hours,
because the threshold changes are in line with inflation and maintain
the status quo.
List of Subjects in 48 CFR Parts 225 and 252
Government procurement.
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 225 and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 225 and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and CFR chapter 1.
PART 225--FOREIGN CONTRACTING
225.1101 [Amended]
0
2. Amend section 225.1101--
0
a. In paragraph (6) introductory text, by removing ``$204,000'' and
adding ``$191,000'' in its place;
0
b. In paragraph (10)(i) introductory text, by removing ``$204,000'' and
adding ``$191,000'' in its place, and removing ``at 25.401 applies''
and adding ``at FAR 25.401 or 225.401 applies'' in its place;
0
c. In paragraphs (10)(i)(A), by removing ``$204,000'' and adding
``$191,000'' in its place;
0
d. In paragraph (10)(i)(B), by removing ``$79,507'' and adding
``$77,533'' in its place;
0
e. In paragraph (10)(i)(C), by removing ``$204,000'' and adding
``$191,000'' in its place; and
0
f. In paragraphs (10)(i)(D) through (F), by removing ``$79,507''
wherever it appears and adding ``$77,533)'' in its place.
225.7017-3 [Amended]
0
3. Amend section 225.7017-3 in paragraph (b) by removing ``$204,000''
and adding ``$191,000'' in its place.
225.7017-4 [Amended]
0
4. Amend section 225.7017-4 in paragraphs (a)(1) and (b)(1) by removing
``$204,000'' and adding ``$191,000'' in both places.
225.7503 [Amended]
0
5. Amend section 225.7503--
0
a. In paragraphs (a) and (b) introductory text, by removing
``$7,864,000'' and adding ``$7,358,000'' in both places;
0
b. In paragraph (b)(1), by removing ``$10,335,931'' and adding
``$10,079,365'' in its place;
0
c. In paragraph (b)(2), by removing ``$7,864,000'' and adding
``$7,358,000'' in its place, and removing ``$10,335,931'' and adding
``$10,079,365'' in its place;
0
d. In paragraph (b)(3) by removing, ``$10,335,931'' and adding
``$10,079,365'' in its place; and
0
e. In paragraph (b)(4), by removing ``$7,864,000'' and adding
``$7,358,000'' in its place, and removing ``$10,335,931'' and adding
``$10,079,365'' in its place.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.225-7017 [Amended]
0
6. Amend section 252.225-7017--
0
a. By removing clause date ``(NOV 2015)'' and adding ``(JAN 2016)'' in
its place;
0
b. In paragraphs (c)(2) and (3), by removing ``$79,507'' and adding
``$77,533'' in its place; and
0
c. In paragraphs (c)(4) and (5), by removing ``$204,000'' and adding
``$191,000'' in its place.
252.225-7018 [Amended]
0
7. Amend section 252.225-7018--
0
a. By removing clause date ``(NOV 2015)'' and adding ``(JAN 2016)'' in
its place;
0
b. In paragraph (b)(1) introductory text, by removing ``$204,000'' and
adding ``$191,000'' in its place;
0
c. In paragraph (b)(1)(i), by removing ``DFARS 225.217-4(b)'' and
adding ``DFARS 225.7017-4(b)'' in its place;
0
d. In paragraph (b)(1)(ii), by removing ``DFARS 225.217-4(a)'' and
adding ``DFARS 225.7017-4(a)'' in its place;
0
e. In paragraph (b)(2), by removing ``$204,000'' and adding
``$191,000'' in its place;
0
f. In paragraphs (d)(3) and (4) introductory text, by removing
``$79,507'' and adding ``$77,533'' in both places; and
0
g. In paragraphs (d)(5) and (6) introductory text, by removing
``$204,000'' and adding ``$191,000'' in both places.
[FR Doc. 2015-32875 Filed 12-29-15; 8:45 am]
BILLING CODE 5001-06-P
