Defense Federal Acquisition Regulation Supplement: New Qualifying Country-Estonia (DFARS Case 2017-D001), 93840-93841 [2016-30598]

Download as PDF 93840 Federal Register / Vol. 81, No. 246 / Thursday, December 22, 2016 / Rules and Regulations By the Commission. Rachel E. Dickon, Assistant Secretary. following clauses; however, this revision does not impact the clause prescriptions for use, or applicability at or below the simplified acquisition threshold, or applicability to commercial items. The clauses are: DFARS 252.225–7001, Buy American and Balance of Payments Program; DFARS 252.225–7002, Qualifying Country Sources as Subcontractors; DFARS 252.225–7012, Preference for Certain Domestic Commodities; DFARS 252.225–7017, Photovoltaic Devices; DFARS 252.225–7021, Trade Agreements; and DFARS 252.225–7036, Buy American—Trade Agreements— Balance of Payments Program. [FR Doc. 2016–30745 Filed 12–21–16; 8:45 am] BILLING CODE 6731–AA–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 225 and 252 [Docket DARS–2016–0048] RIN 0750–AJ18 Defense Federal Acquisition Regulation Supplement: New Qualifying Country—Estonia (DFARS Case 2017–D001) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to add Estonia as a qualifying country. DATES: Effective December 22, 2016. FOR FURTHER INFORMATION CONTACT: Ms. Lorena Malcolm, telephone 571–372– 6176. SUMMARY: SUPPLEMENTARY INFORMATION: I. Background Lhorne on DSK30JT082PROD with RULES DoD is amending the DFARS to add Estonia as a qualifying country. On September 23, 2016, the Secretary of Defense signed a reciprocal defense procurement agreement with Estonia. The agreement removes discriminatory barriers to procurements of supplies and services produced by industrial enterprises of the other country to the extent mutually beneficial and consistent with national laws, regulations, policies, and international obligations. This agreement does not cover construction or construction material. Estonia is already a designated country under the World Trade Organization Government Procurement Agreement. II. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Offthe-Shelf Items This rule only updates the list of qualifying countries in the DFARS by adding the newly qualifying country of Estonia. The definition of ‘‘qualifying country’’ is updated in each of the VerDate Sep<11>2014 15:15 Dec 21, 2016 Jkt 241001 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. 1707 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 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 does not constitute a significant DFARS revision within the meaning of FAR 1.501–1 and does not have a significant cost or administrative impact on contractors or offerors. Estonia is added to the list of 25 other countries that have similar reciprocal defense procurement agreements with DoD. These requirements affect only 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 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 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 DFARS 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 to this rule; however, these changes to the DFARS do not impose additional information collection requirements to the paperwork burden previously approved under OMB Control Number 0704–0229, entitled ‘‘DFARS Part 225, Foreign Acquisition and related clauses.’’ This rule merely shifts the category under which items from Estonia must be listed. 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 48 CFR chapter 1. PART 225—FOREIGN ACQUISITION 225.003 [Amended] 2. Section 225.003 is amended in paragraph (10), the definition of ‘‘Qualifying country’’, by adding, in alphabetical order, the country of ‘‘Estonia’’. ■ 225.872–1 [Amended] 3. Section 225.872–1 is amended in paragraph (a) by adding, in alphabetical order, the country of ‘‘Estonia’’. ■ PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.225–7001 [Amended] 4. Section 252.225–7001 is amended by— ■ a. In the clause heading, removing the date ‘‘(AUG 2016)’’ and adding ‘‘(DEC 2016)’’ in its place; ■ b. In paragraph (a), the definition of ‘‘Qualifying country’’, adding, in alphabetical order, the country of ‘‘Estonia’’; and ■ E:\FR\FM\22DER1.SGM 22DER1 Federal Register / Vol. 81, No. 246 / Thursday, December 22, 2016 / Rules and Regulations c. In the Alternate I clause— i. In the clause heading, removing the date ‘‘(AUG 2016)’’ and adding ‘‘(DEC 2016)’’ in its place; and ■ ii. In paragraph (a), the definition of ‘‘Qualifying country’’, adding, in alphabetical order, the country of ‘‘Estonia’’. ■ ■ 252.225–7002 [Amended] 5. Section 252.225–7002 is amended by— ■ a. In the clause heading, removing the date ‘‘(AUG 2016)’’ and adding ‘‘(DEC 2016)’’ in its place; and ■ b. In paragraph (a), the definition of ‘‘Qualifying country’’, adding, in alphabetical order, the country of ‘‘Estonia’’. ■ 252.225–7012 [Amended] 6. Section 252.225–7012 is amended by— ■ a. In the clause heading, removing the date ‘‘(JUL 2016)’’ and adding ‘‘(DEC 2016)’’ in its place; and ■ b. In paragraph (a), the definition of ‘‘Qualifying country’’, adding, in alphabetical order, the country of ‘‘Estonia’’. ■ 252.225–7017 [Amended] 7. Section 252.225–7017 is amended by— ■ a. In the clause heading, removing the date ‘‘(SEP 2016)’’ and adding ‘‘(DEC 2016)’’ in its place; and ■ b. In paragraph (a), the definition of ‘‘Qualifying country’’, adding, in alphabetical order, the country of ‘‘Estonia’’. ■ 252.225–7021 [Amended] [FR Doc. 2016–30598 Filed 12–21–16; 8:45 am] 8. Section 252.225–7021 is amended by— ■ a. In the clause heading, removing the date ‘‘(SEP 2016)’’ and adding ‘‘(DEC 2016)’’ in its place; ■ b. In paragraph (a), the definition of ‘‘Qualifying country’’, adding, in alphabetical order, the country of ‘‘Estonia’’; and ■ c. In the Alternate II clause— ■ i. In the clause heading, removing the date of ‘‘(SEP 2016)’’ and adding ‘‘(DEC 2016)’’ in its place; and ■ ii. In paragraph (a), the definition of ‘‘Qualifying country’’, adding, in alphabetical order, the country of ‘‘Estonia’’. ■ 252.225–7036 [Amended] 9. Section 252.225–7036 is amended by— ■ a. In the clause heading, removing the date ‘‘(AUG 2016)’’ and adding ‘‘(DEC 2016)’’ in its place; ■ b. In paragraph (a), the definition of ‘‘Qualifying country’’, adding, in alphabetical order, the country of ‘‘Estonia’’; Lhorne on DSK30JT082PROD with RULES ■ VerDate Sep<11>2014 15:15 Dec 21, 2016 c. In the Alternate I clause— i. In the clause heading, removing the date ‘‘(AUG 2016)’’ and adding ‘‘(DEC 2016)’’ in its place; and ■ ii. In paragraph (a), the definition of ‘‘Qualifying country’’, adding, in alphabetical order, the country of ‘‘Estonia’’; ■ d. In the Alternate II clause— ■ i. In the clause heading, removing the date ‘‘(AUG 2016)’’ and adding ‘‘(DEC 2016)’’ in its place; and ■ ii. In paragraph (a), the definition of ‘‘Qualifying country’’, adding, in alphabetical order, the country of ‘‘Estonia’’; ■ e. In the Alternate III clause— ■ i. In the clause heading, removing the date ‘‘(AUG 2016)’’ and adding ‘‘(DEC 2016)’’ in its place; and ■ ii. In paragraph (a), the definition of ‘‘Qualifying country’’, adding, in alphabetical order, the country of ‘‘Estonia’’; ■ f. In the Alternate IV clause— ■ i. In the clause heading, removing the date ‘‘(AUG 2016)’’ and adding ‘‘(DEC 2016)’’ in its place; and ■ ii. In paragraph (a), the definition of ‘‘Qualifying country’’, adding, in alphabetical order, the country of ‘‘Estonia’’; and ■ g. In the Alternate V clause— ■ i. In the clause heading, removing the date ‘‘(AUG 2016)’’ and adding ‘‘(DEC 2016)’’ in its place; and ■ ii. In paragraph (a), the definition of ‘‘Qualifying country’’, adding, in alphabetical order, the country of ‘‘Estonia’’. ■ ■ Jkt 241001 BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 232 [Docket DARS–2016–0009] RIN 0750–AI90 Defense Federal Acquisition Regulation Supplement: Contract Financing (DFARS Case 2015–D026) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) by providing that contracting officers are not required to further justify a decision to provide customary SUMMARY: PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 93841 contract financing, other than loan guarantees and advance payments identified in FAR part 32, for certain fixed-price contracts. DATES: Effective December 22, 2016. FOR FURTHER INFORMATION CONTACT: Mr. Mark Gomersall, telephone 571–372– 6099. SUPPLEMENTARY INFORMATION: I. Background DoD published a proposed rule in the Federal Register at 81 FR 42607 on June 30, 2016, to revise the DFARS regarding the use of customary contract financing, other than loan guarantees and advance payments identified in FAR part 32, on fixed-price contracts with a period of performance in excess of one year that meet the dollar thresholds established in FAR 32.104(d). DoD has determined that the use of such customary contract financing provides improved cash flow as an incentive for commercial companies to do business with DoD, is in the Department’s best interest, and requires no further justification of its use. II. Discussion and Analysis No public comments were submitted in response to the proposed rule. Therefore, there are no changes from the proposed rule made in the final rule. III. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Offthe-Shelf Items This final rule only provides DoD policy regarding providing contract financing for certain fixed-priced contracts. The rule does not add any new provisions or clauses or impact any existing provisions or clauses. 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. E:\FR\FM\22DER1.SGM 22DER1

Agencies

[Federal Register Volume 81, Number 246 (Thursday, December 22, 2016)]
[Rules and Regulations]
[Pages 93840-93841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30598]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 225 and 252

[Docket DARS-2016-0048]
RIN 0750-AJ18


Defense Federal Acquisition Regulation Supplement: New Qualifying 
Country--Estonia (DFARS Case 2017-D001)

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 add Estonia as a 
qualifying country.

DATES: Effective December 22, 2016.

FOR FURTHER INFORMATION CONTACT: Ms. Lorena Malcolm, telephone 571-372-
6176.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD is amending the DFARS to add Estonia as a qualifying country. 
On September 23, 2016, the Secretary of Defense signed a reciprocal 
defense procurement agreement with Estonia. The agreement removes 
discriminatory barriers to procurements of supplies and services 
produced by industrial enterprises of the other country to the extent 
mutually beneficial and consistent with national laws, regulations, 
policies, and international obligations. This agreement does not cover 
construction or construction material. Estonia is already a designated 
country under the World Trade Organization Government Procurement 
Agreement.

II. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold and for Commercial Items, Including Commercially Available 
Off-the-Shelf Items

    This rule only updates the list of qualifying countries in the 
DFARS by adding the newly qualifying country of Estonia. The definition 
of ``qualifying country'' is updated in each of the following clauses; 
however, this revision does not impact the clause prescriptions for 
use, or applicability at or below the simplified acquisition threshold, 
or applicability to commercial items. The clauses are: DFARS 252.225-
7001, Buy American and Balance of Payments Program; DFARS 252.225-7002, 
Qualifying Country Sources as Subcontractors; DFARS 252.225-7012, 
Preference for Certain Domestic Commodities; DFARS 252.225-7017, 
Photovoltaic Devices; DFARS 252.225-7021, Trade Agreements; and DFARS 
252.225-7036, Buy American--Trade Agreements--Balance of Payments 
Program.

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. 1707 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 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 does not constitute a significant DFARS revision within the 
meaning of FAR 1.501-1 and does not have a significant cost or 
administrative impact on contractors or offerors. Estonia is added to 
the list of 25 other countries that have similar reciprocal defense 
procurement agreements with DoD. These requirements affect only 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 DFARS 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 to 
this rule; however, these changes to the DFARS do not impose additional 
information collection requirements to the paperwork burden previously 
approved under OMB Control Number 0704-0229, entitled ``DFARS Part 225, 
Foreign Acquisition and related clauses.'' This rule merely shifts the 
category under which items from Estonia must be listed.

List of Subjects in 48 CFR Parts 225 and 252

    Government procurement.

Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.

0
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 48 CFR chapter 1.

PART 225--FOREIGN ACQUISITION


225.003   [Amended]

0
2. Section 225.003 is amended in paragraph (10), the definition of 
``Qualifying country'', by adding, in alphabetical order, the country 
of ``Estonia''.


225.872-1   [Amended]

0
3. Section 225.872-1 is amended in paragraph (a) by adding, in 
alphabetical order, the country of ``Estonia''.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.225-7001   [Amended]

0
4. Section 252.225-7001 is amended by--
0
a. In the clause heading, removing the date ``(AUG 2016)'' and adding 
``(DEC 2016)'' in its place;
0
b. In paragraph (a), the definition of ``Qualifying country'', adding, 
in alphabetical order, the country of ``Estonia''; and

[[Page 93841]]

0
c. In the Alternate I clause--
0
i. In the clause heading, removing the date ``(AUG 2016)'' and adding 
``(DEC 2016)'' in its place; and
0
ii. In paragraph (a), the definition of ``Qualifying country'', adding, 
in alphabetical order, the country of ``Estonia''.


252.225-7002   [Amended]

0
5. Section 252.225-7002 is amended by--
0
a. In the clause heading, removing the date ``(AUG 2016)'' and adding 
``(DEC 2016)'' in its place; and
0
b. In paragraph (a), the definition of ``Qualifying country'', adding, 
in alphabetical order, the country of ``Estonia''.


252.225-7012   [Amended]

0
6. Section 252.225-7012 is amended by--
0
a. In the clause heading, removing the date ``(JUL 2016)'' and adding 
``(DEC 2016)'' in its place; and
0
b. In paragraph (a), the definition of ``Qualifying country'', adding, 
in alphabetical order, the country of ``Estonia''.


252.225-7017   [Amended]

0
7. Section 252.225-7017 is amended by--
0
a. In the clause heading, removing the date ``(SEP 2016)'' and adding 
``(DEC 2016)'' in its place; and
0
b. In paragraph (a), the definition of ``Qualifying country'', adding, 
in alphabetical order, the country of ``Estonia''.


252.225-7021   [Amended]

0
8. Section 252.225-7021 is amended by--
0
a. In the clause heading, removing the date ``(SEP 2016)'' and adding 
``(DEC 2016)'' in its place;
0
b. In paragraph (a), the definition of ``Qualifying country'', adding, 
in alphabetical order, the country of ``Estonia''; and
0
c. In the Alternate II clause--
0
i. In the clause heading, removing the date of ``(SEP 2016)'' and 
adding ``(DEC 2016)'' in its place; and
0
ii. In paragraph (a), the definition of ``Qualifying country'', adding, 
in alphabetical order, the country of ``Estonia''.


252.225-7036   [Amended]

0
9. Section 252.225-7036 is amended by--
0
a. In the clause heading, removing the date ``(AUG 2016)'' and adding 
``(DEC 2016)'' in its place;
0
b. In paragraph (a), the definition of ``Qualifying country'', adding, 
in alphabetical order, the country of ``Estonia'';
0
c. In the Alternate I clause--
0
i. In the clause heading, removing the date ``(AUG 2016)'' and adding 
``(DEC 2016)'' in its place; and
0
ii. In paragraph (a), the definition of ``Qualifying country'', adding, 
in alphabetical order, the country of ``Estonia'';
0
d. In the Alternate II clause--
0
i. In the clause heading, removing the date ``(AUG 2016)'' and adding 
``(DEC 2016)'' in its place; and
0
ii. In paragraph (a), the definition of ``Qualifying country'', adding, 
in alphabetical order, the country of ``Estonia'';
0
e. In the Alternate III clause--
0
i. In the clause heading, removing the date ``(AUG 2016)'' and adding 
``(DEC 2016)'' in its place; and
0
ii. In paragraph (a), the definition of ``Qualifying country'', adding, 
in alphabetical order, the country of ``Estonia'';
0
f. In the Alternate IV clause--
0
i. In the clause heading, removing the date ``(AUG 2016)'' and adding 
``(DEC 2016)'' in its place; and
0
ii. In paragraph (a), the definition of ``Qualifying country'', adding, 
in alphabetical order, the country of ``Estonia''; and
0
g. In the Alternate V clause--
0
i. In the clause heading, removing the date ``(AUG 2016)'' and adding 
``(DEC 2016)'' in its place; and
0
ii. In paragraph (a), the definition of ``Qualifying country'', adding, 
in alphabetical order, the country of ``Estonia''.

[FR Doc. 2016-30598 Filed 12-21-16; 8:45 am]
BILLING CODE 5001-06-P