Federal Acquisition Regulation; New Designated Countries-Ukraine and Moldova, 67774-67776 [2016-23202]
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Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations
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 addresses an
internal decision by the head of agency
to enter into a multi-year contract for
supplies if certain criteria are met.
These requirements affect only the
internal operating procedures of the
Government.
Dated: September 19, 2016.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
III. Executive Orders 12866 and 13563
BILLING CODE 6820–EP–P
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.
IV. 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.
asabaliauskas on DSK3SPTVN1PROD with RULES
V. 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).
List of Subject in 48 CFR Part 17
Government procurement.
VerDate Sep<11>2014
22:05 Sep 29, 2016
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Therefore, DoD, GSA, and NASA
amend 48 CFR part 17 as set forth
below:
PART 17—SPECIAL CONTRACTING
METHODS
1. The authority citation for 48 CFR
part 17 continues to read as follows:
■
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
17.105–1
[Amended]
2. Amend section 17.105–1 by
removing from paragraph (b)(1)
‘‘substantial’’ and adding ‘‘significant’’
in its place.
■
[FR Doc. 2016–23201 Filed 9–29–16; 8:45 am]
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 22, 25, and 52
[FAC 2005–91; FAR Case 2016–009; Item
VIII; Docket No. 2016–0009, Sequence No.
1]
RIN 9000–AN25
Federal Acquisition Regulation; New
Designated Countries—Ukraine and
Moldova
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
add Ukraine and Moldova as new
designated countries under the World
Trade Organization Government
Procurement Agreement (WTO GPA).
DATES: Effective: October 31, 2016.
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 Division at
202–501–4755. Please cite FAC 2005–
91, FAR Case 2016–009.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00050
Fmt 4701
Sfmt 4700
Ukraine and Moldova recently
became parties to the WTO GPA on May
18, 2016, and July 14, 2016,
respectively. The Trade Agreements Act
(19 U.S.C. 2501 et seq.) provides the
authority for the President to waive the
Buy American statute 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 authority to the U.S. Trade
Representative.
The U.S. Trade Representative has
determined that Ukraine and Moldova
will provide appropriate reciprocal
competitive Government procurement
opportunities to United States products
and services. The U.S. Trade
Representative published notices in the
Federal Register waiving the Buy
American statute and other
discriminatory provisions for eligible
products from Ukraine at 81 FR 31292
on May 18, 2016, and Moldova at 81 FR
50045 on July 29, 2016.
II. Discussion and Analysis
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
SUMMARY:
I. Background
Therefore, this rule adds Ukraine and
Moldova to the list of WTO GPA
countries wherever it appears in the
FAR, whether as a separate definition,
part of the definition of ‘‘designated
country’’ or ‘‘Recovery Act designated
country,’’ or as part of the list of
countries exempt from the prohibition
of acquisition of products produced by
forced or indentured child labor (FAR
22.1503, 25.003, 52.222–19, 52.225–5,
52.225–11, and 52.225–23).
Conforming changes are made to FAR
52.212–5, Contract Terms and
Conditions Required to Implement
Statute or Executive Orders—
Commercial Items, and 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 that 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,
E:\FR\FM\30SER4.SGM
30SER4
Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations
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 has no significant
cost or administrative impact on
contractors or offerors. It is just
updating the lists of designated
countries, in order to conform to the
determinations by the U.S. Trade
Representative.
Dated: September 19, 2016.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
IV. Executive Orders 12866 and 13563
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
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 and
does not require publication for public
comment.
asabaliauskas on DSK3SPTVN1PROD with RULES
VI. Paperwork Reduction Act
The Paperwork Reduction Act does
apply, because the rule affects the
response of an offeror that is offering a
product of Ukraine or Moldova to the
information collection requirements in
the provisions at FAR 52.212–3(g)(5),
52.225–6, and 52.225–11. The offeror no
longer needs to list a product from
Ukraine or Moldova under ‘‘other end
products,’’ because Ukraine and
Moldova are now designated countries.
These information collection
requirements are currently approved
under OMB Control Numbers 9000–
0025, titled: Trade Agreements
Certificate; 9000–0136, titled:
Commercial Item Acquisitions; and
9000–0141, Buy American—
Construction, respectively. The impact,
however, is negligible.
List of Subjects in 48 CFR Parts 22, 25,
and 52
Government procurement.
VerDate Sep<11>2014
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Jkt 238001
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:
PART 22—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITIONS
22.1503
[Amended]
2. Amend section 22.1503 by
removing from paragraph (b)(4) ‘‘Malta,’’
and ‘‘Taiwan,’’ and adding ‘‘Malta,
Moldova,’’ and ‘‘Taiwan, Ukraine,’’ in
their places, respectively.
■
PART 25—FOREIGN ACQUISITION
25.003
3. Amend section 25.003 by—
a. Removing from the definition
‘‘Designated country’’, paragraph (1), the
words ‘‘Malta,’’ and ‘‘Matsu’’ (Chinese
Taipei))’’ and adding ‘‘Malta, Moldova,’’
and ‘‘Matsu (Chinese Taipei)’’),
Ukraine,’’ in their places, respectively;
and
■ b. Removing from the definition
‘‘World Trade Organization Government
Procurement Agreement (WTO GPA)
country’’ ‘‘Malta,’’ and ‘‘Taiwan,’’ and
adding the words ‘‘Malta, Moldova,’’
and ‘‘Taiwan, Ukraine,’’ in their places,
respectively.
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
4. Amend section 52.212–5 by
revising the date of the clause and
paragraphs (b)(26) and (49) 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 (Oct 2016)
*
*
*
*
*
(b) * * *
ll (26) 52.222–19, Child Labor—
Cooperation with Authorities and
Remedies (Oct 2016) (E.O. 13126).
*
*
*
*
*
ll (49) 52.225–5, Trade Agreements
(Oct 2016) (19 U.S.C. 2501, et seq., 19
U.S.C. 3301 note).
*
*
*
*
*
PO 00000
5. Amend section 52.213–4 by
revising the date of the clause and
paragraph (b)(1)(ii) 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)
(Oct 2016)
*
*
*
*
*
(b) * * *
(1) * * *
(ii) 52.222–19, Child Labor—Cooperation
with Authorities and Remedies (Oct 2016)
(E.O. 13126). (Applies to contracts for
supplies exceeding the micro-purchase
threshold).
*
*
*
*
*
6. Amend section 52.222–19 by—
a. Revising the date of the clause; and
b. Removing from paragraph (a)(4)
‘‘Malta,’’ and ‘‘Taiwan,’’ and adding
‘‘Malta, Moldova,’’ and ‘‘Taiwan,
Ukraine,’’ in their places, respectively.
The revision reads as follows:
■
■
■
[Amended]
■
■
*
67775
Frm 00051
Fmt 4701
Sfmt 4700
52.222–19 Child Labor—Cooperation with
Authorities and Remedies.
*
*
*
*
*
Child Labor—Cooperation with Authorities
and Remedies (Oct 2016)
*
*
*
*
*
7. Amend section 52.225–5 by—
a. Revising the date of the clause; and
b. Removing from paragraph (a), in the
definition ‘‘Designated country’’
paragraph (1), the words ‘‘Malta,’’ and
‘‘Matsu (Chinese Taipei)’’),’’ and adding
‘‘Malta, Moldova,’’ and ‘‘Matsu (Chinese
Taipei)’’), Ukraine,’’ in their places,
respectively.
The revision reads as follows:
■
■
■
52.225–5
*
*
Trade Agreements.
*
*
*
Trade Agreements (Oct 2016)
*
*
*
*
*
8. Amend section 52.225–11 by—
a. Revising the date of the clause; and
b. Removing from paragraph (a), in the
definition ‘‘Designated country’’,
paragraph (1) the words ‘‘Malta,’’ and
‘‘Taiwan,’’ and adding ‘‘Malta,
Moldova,’’ and ‘‘Taiwan, Ukraine,’’ in
their places, respectively.
The revision reads as follows:
■
■
■
52.225–11 Buy American Act—
Construction Materials under Trade
Agreements.
*
*
*
*
*
Buy American Act—Construction
Materials Under Trade Agreements
(Oct 2016)
*
E:\FR\FM\30SER4.SGM
*
*
30SER4
*
*
67776
Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations
9. Amend section 52.225–23 by—
a. Revising the date of the clause; and
b. Removing from paragraph (a), in the
definition ‘‘Designated country’’,
paragraph (1) the words ‘‘Malta,’’ and
‘‘Taiwan,’’ and adding ‘‘Malta,
Moldova,’’ and ‘‘Taiwan, Ukraine,’’ in
their places, respectively; and
■ c. Removing from paragraph (a), in the
definition ‘‘Recovery Act designated
country’’, paragraph (1) the words
‘‘Malta,’’ and ‘‘Taiwan,’’ and adding
‘‘Malta, Moldova,’’ and ‘‘Taiwan,
Ukraine,’’ in their places, respectively.
The revision reads as follows:
■
■
■
52.225–23 Required Use of American Iron,
Steel, and Manufactured Goods—Buy
American Statute—Construction Materials
Under Trade Agreements.
*
*
*
*
*
Required Use of American Iron, Steel,
and Manufactured Goods—Buy
American Statute—Construction
Materials Under Trade Agreements
(Oct 2016)
*
*
*
*
*
[FR Doc. 2016–23202 Filed 9–29–16; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at 202–501–4755. Please cite
FAC 2005–91, FAR Case 2014–018.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published a
proposed rule in the Federal Register at
80 FR 30202 on May 27, 2015, to
implement section 862 of the National
Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2008 (Pub. L. 110–181)
(as amended by other NDAAs, see 10
U.S.C. 2302 Note). This rule amends
FAR 25.302, Contractors performing
private security functions outside the
United States, and the associated clause
at 52.225–26 to remove the DoD-unique
requirements, which were incorporated
in the Defense Federal Acquisition
Regulation Supplement (DFARS) on
June 30, 2016 (81 FR 42559). This rule
also adds the definition of ‘‘full
cooperation’’ to FAR clause 52.225–26
in order to affirm that the contract
clause does not foreclose any contractor
rights arising in law, the FAR, or the
terms of the contract when cooperating
with any Government-authorized
investigation into incidents reported
pursuant to the clause.
One respondent submitted comments
on the proposed rule.
II. Discussion and Analysis
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
The Civilian Agency Acquisition
Council and the Defense Acquisition
Regulations Council (the Councils)
reviewed the public comment in the
development of the final rule.
48 CFR Parts 25 and 52
[FAC 2005–91; FAR Case 2014–018; Item
IX; Docket No. 2014–0018, Sequence No.
1]
A. Summary of Significant Changes
RIN 9000–AN07
There were no changes made to the
rule as a result of the one comment
received. There were no comments on
the Regulatory Flexibility Analysis.
Federal Acquisition Regulation:
Contractors Performing Private
Security Functions
AGENCY:
B. Analysis of Public Comments
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
remove the DoD-unique requirements
for contractors performing private
security functions outside the United
States and provide a definition of ‘‘full
cooperation’’ within the associated
clause.
A discussion of the comment follows:
Employing quasi-military armed
forces:
Comment: The respondent did not
comment on any of the proposed
changes in the proposed rule. The
respondent commented on the alleged
employment of mercenaries by
contractors performing private security
functions overseas and further stated
that this is prohibited as codified at 5
U.S.C. 3181. The respondent
recommended a change to the FAR to
make it clear that the U.S. Government
will not employ mercenaries.
Response: The respondent’s
comments are not within the scope of
this rule.
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
asabaliauskas on DSK3SPTVN1PROD with RULES
SUMMARY:
DATES:
Effective: October 31, 2016.
FOR FURTHER INFORMATION CONTACT:
Mr.
Michael O. Jackson, Procurement
Analyst, at 202–208–4949, for
VerDate Sep<11>2014
22:05 Sep 29, 2016
Jkt 238001
PO 00000
Frm 00052
Fmt 4701
Sfmt 4700
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 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.
IV. Regulatory Flexibility Act
DoD, GSA, and NASA have prepared
a Final Regulatory Flexibility Analysis
(FRFA) consistent with the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq. The
FRFA is summarized as follows:
The objective of this rule is to amend FAR
25.302, Contractors performing private
security functions outside the United States,
and the associated clause at 52.225–26 to
remove the DoD-unique requirements, which
will be incorporated in the Defense Federal
Acquisition Regulation Supplement
(DFARS). The rule also adds a definition of
‘‘full cooperation’’ to FAR clause 52.225–26
in order to affirm that the contract clause
does not foreclose any contractor rights
arising in law, the FAR, or the terms of the
contract when cooperating with any
Government-authorized investigation into
incidents reported pursuant to the clause.
No comments were received from the
public relative to the initial regulatory
flexibility analysis.
DoD, GSA, and NASA do not expect this
final 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. Based on
data available in the Federal Procurement
Data System (FPDS), DoD awarded 403
contracts in FY 2013 in support of a
designated contingency operation outside of
the United States, of which 63 contracts (15.6
percent) were awarded to small businesses.
Therefore, it is estimated that this rule will
apply to approximately 63 small businesses.
This rule does not create any new
reporting, recordkeeping, or other
compliance requirements.
There are no known significant alternatives
to the rule. The impact of this rule on small
business is not expected to be significant
because it is removing DoD-unique
requirements from the FAR, to be
incorporated in the DFARS.
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
E:\FR\FM\30SER4.SGM
30SER4
]]>Agencies
[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Rules and Regulations]
[Pages 67774-67776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23202]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 22, 25, and 52
[FAC 2005-91; FAR Case 2016-009; Item VIII; Docket No. 2016-0009,
Sequence No. 1]
RIN 9000-AN25
Federal Acquisition Regulation; New Designated Countries--Ukraine
and Moldova
AGENCY: 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 Ukraine and Moldova as new
designated countries under the World Trade Organization Government
Procurement Agreement (WTO GPA).
DATES: Effective: October 31, 2016.
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 Division at 202-501-4755. Please cite FAC 2005-91, FAR Case
2016-009.
SUPPLEMENTARY INFORMATION:
I. Background
Ukraine and Moldova recently became parties to the WTO GPA on May
18, 2016, and July 14, 2016, respectively. The Trade Agreements Act (19
U.S.C. 2501 et seq.) provides the authority for the President to waive
the Buy American statute 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 authority to the U.S. Trade
Representative.
The U.S. Trade Representative has determined that Ukraine and
Moldova will provide appropriate reciprocal competitive Government
procurement opportunities to United States products and services. The
U.S. Trade Representative published notices in the Federal Register
waiving the Buy American statute and other discriminatory provisions
for eligible products from Ukraine at 81 FR 31292 on May 18, 2016, and
Moldova at 81 FR 50045 on July 29, 2016.
II. Discussion and Analysis
Therefore, this rule adds Ukraine and Moldova to the list of WTO
GPA countries wherever it appears in the FAR, whether as a separate
definition, part of the definition of ``designated country'' or
``Recovery Act designated country,'' or as part of the list of
countries exempt from the prohibition of acquisition of products
produced by forced or indentured child labor (FAR 22.1503, 25.003,
52.222-19, 52.225-5, 52.225-11, and 52.225-23).
Conforming changes are made to FAR 52.212-5, Contract Terms and
Conditions Required to Implement Statute or Executive Orders--
Commercial Items, and 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 that 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,
[[Page 67775]]
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 has no significant cost or
administrative impact on contractors or offerors. It is just updating
the lists of designated countries, in order to conform to the
determinations by the U.S. Trade Representative.
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 and does not require
publication for public comment.
VI. Paperwork Reduction Act
The Paperwork Reduction Act does apply, because the rule affects
the response of an offeror that is offering a product of Ukraine or
Moldova to the information collection requirements in the provisions at
FAR 52.212-3(g)(5), 52.225-6, and 52.225-11. The offeror no longer
needs to list a product from Ukraine or Moldova under ``other end
products,'' because Ukraine and Moldova are now designated countries.
These information collection requirements are currently approved under
OMB Control Numbers 9000-0025, titled: Trade Agreements Certificate;
9000-0136, titled: Commercial Item Acquisitions; and 9000-0141, Buy
American--Construction, respectively. The impact, however, is
negligible.
List of Subjects in 48 CFR Parts 22, 25, and 52
Government procurement.
Dated: September 19, 2016.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide 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 51
U.S.C. 20113.
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
22.1503 [Amended]
0
2. Amend section 22.1503 by removing from paragraph (b)(4) ``Malta,''
and ``Taiwan,'' and adding ``Malta, Moldova,'' and ``Taiwan, Ukraine,''
in their places, respectively.
PART 25--FOREIGN ACQUISITION
25.003 [Amended]
0
3. Amend section 25.003 by--
0
a. Removing from the definition ``Designated country'', paragraph (1),
the words ``Malta,'' and ``Matsu'' (Chinese Taipei))'' and adding
``Malta, Moldova,'' and ``Matsu (Chinese Taipei)''), Ukraine,'' in
their places, respectively; and
0
b. Removing from the definition ``World Trade Organization Government
Procurement Agreement (WTO GPA) country'' ``Malta,'' and ``Taiwan,''
and adding the words ``Malta, Moldova,'' and ``Taiwan, Ukraine,'' in
their places, respectively.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
4. Amend section 52.212-5 by revising the date of the clause and
paragraphs (b)(26) and (49) 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 (Oct 2016)
* * * * *
(b) * * *
__ (26) 52.222-19, Child Labor--Cooperation with Authorities and
Remedies (Oct 2016) (E.O. 13126).
* * * * *
__ (49) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et
seq., 19 U.S.C. 3301 note).
* * * * *
0
5. Amend section 52.213-4 by revising the date of the clause and
paragraph (b)(1)(ii) 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) (Oct 2016)
* * * * *
(b) * * *
(1) * * *
(ii) 52.222-19, Child Labor--Cooperation with Authorities and
Remedies (Oct 2016) (E.O. 13126). (Applies to contracts for supplies
exceeding the micro-purchase threshold).
* * * * *
0
6. Amend section 52.222-19 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (a)(4) ``Malta,'' and ``Taiwan,'' and adding
``Malta, Moldova,'' and ``Taiwan, Ukraine,'' in their places,
respectively.
The revision reads as follows:
52.222-19 Child Labor--Cooperation with Authorities and Remedies.
* * * * *
Child Labor--Cooperation with Authorities and Remedies (Oct 2016)
* * * * *
0
7. Amend section 52.225-5 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (a), in the definition ``Designated
country'' paragraph (1), the words ``Malta,'' and ``Matsu (Chinese
Taipei)''),'' and adding ``Malta, Moldova,'' and ``Matsu (Chinese
Taipei)''), Ukraine,'' in their places, respectively.
The revision reads as follows:
52.225-5 Trade Agreements.
* * * * *
Trade Agreements (Oct 2016)
* * * * *
0
8. Amend section 52.225-11 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (a), in the definition ``Designated
country'', paragraph (1) the words ``Malta,'' and ``Taiwan,'' and
adding ``Malta, Moldova,'' and ``Taiwan, Ukraine,'' in their places,
respectively.
The revision reads as follows:
52.225-11 Buy American Act--Construction Materials under Trade
Agreements.
* * * * *
Buy American Act--Construction Materials Under Trade Agreements (Oct
2016)
* * * * *
[[Page 67776]]
0
9. Amend section 52.225-23 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (a), in the definition ``Designated
country'', paragraph (1) the words ``Malta,'' and ``Taiwan,'' and
adding ``Malta, Moldova,'' and ``Taiwan, Ukraine,'' in their places,
respectively; and
0
c. Removing from paragraph (a), in the definition ``Recovery Act
designated country'', paragraph (1) the words ``Malta,'' and
``Taiwan,'' and adding ``Malta, Moldova,'' and ``Taiwan, Ukraine,'' in
their places, respectively.
The revision reads as follows:
52.225-23 Required Use of American Iron, Steel, and Manufactured
Goods--Buy American Statute--Construction Materials Under Trade
Agreements.
* * * * *
Required Use of American Iron, Steel, and Manufactured Goods--Buy
American Statute--Construction Materials Under Trade Agreements (Oct
2016)
* * * * *
[FR Doc. 2016-23202 Filed 9-29-16; 8:45 am]
BILLING CODE 6820-EP-P
