Federal Acquisition Regulation: Trade Agreements Thresholds, 74528-74531 [2021-28083]
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Federal Register / Vol. 86, No. 248 / Thursday, December 30, 2021 / Rules and Regulations
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR–2021–0051, Sequence No.
7]
Federal Acquisition Regulation;
Federal Acquisition Circular 2022–03;
Introduction
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Summary presentation of a final
rule.
AGENCY:
This document summarizes
the Federal Acquisition Regulation
(FAR) rule agreed to by the Civilian
Agency Acquisition Council and the
Defense Acquisition Regulations
Council (Councils) in this Federal
Acquisition Circular (FAC) 2022–03. A
companion document, the Small Entity
Compliance Guide (SECG), follows this
FAC.
DATES: For effective date see the
separate documents, which follow.
FOR FURTHER INFORMATION CONTACT: Mr.
Curtis E. Glover, Sr., Procurement
Analyst, at 202–501–1448 or by email at
curtis.glover@gsa.gov for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat Division at
202–501–4755 or GSARegSec@gsa.gov.
Please cite FAC 2022–03, FAR Case
2022–001.
SUMMARY:
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Rule Listed in FAC 2022–03
Subject: Trade Agreements
Thresholds.
FAR Case: 2022–001.
ADDRESSES: The FAC, including the
SECG, is available via the internet at
https://www.regulations.gov.
SUPPLEMENTARY INFORMATION: A
summary for the FAR rule follows. For
the actual revisions and/or amendments
made by this FAR rule, refer to the
specific subject set forth in the
document following this summary. FAC
2022–03 amends the FAR as follows:
Trade Agreements Thresholds (FAR
Case 2022–001)
This final rule amends the Federal
Acquisition Regulation to adjust the
thresholds for application of the World
Trade Organization Government
Procurement Agreement and the Free
Trade Agreements as determined by the
United States Trade Representative,
according to predetermined formulae
under the agreements.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
Federal Acquisition Circular (FAC)
2022–03 is issued under the authority of
the Secretary of Defense, the
Administrator of General Services, and
the Administrator of National
Aeronautics and Space Administration.
Unless otherwise specified, all
Federal Acquisition Regulation (FAR)
and other directive material contained
in FAC 2022–03 is effective December
30, 2022 except for FAR Case 2022–001,
which is effective January 1, 2022.
Linda W. Neilson,
Director, Defense Acquisition Regulations
System, Department of Defense.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
Karla Smith Jackson,
Assistant Administrator for Procurement,
National Aeronautics and Space
Administration.
[FR Doc. 2021–28084 Filed 12–29–21; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 22, 25, and 52
[FAC 2022–03; FAR Case 2022–001; Docket
No. FAR–2021–0054; Sequence No. 1]
RIN 9000–AO38
Jkt 256001
Final rule.
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
incorporate revised 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, 2022.
Mr.
Curtis E. Glover, Sr., Procurement
Analyst, at 202–501–1448 or by email at
curtis.glover@gsa.gov for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat Division at
202–501–4755 or GSARegSec@gsa.gov.
Please cite FAC 2022–03, FAR Case
2022–001.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Background
Approximately every two years, the
trade agreements thresholds for the
World Trade Organization Government
Procurement Agreement (WTO GPA)
and the free trade agreements (FTAs) are
adjusted according to predetermined
formulae under the agreements. These
thresholds become effective on January
1, 2022. On November 26, 2021 (86 FR
67579), the United States Trade
Representative (USTR) published new
procurement thresholds. DoD, GSA, and
NASA are not changing the Canada
thresholds because of the United StatesMexico-Canada Agreement
Implementation Act, which is being
implemented in FAR Case 2020–014,
United States-Mexico-Canada
Agreement. FAR Case 2020–014 was
published as a proposed rule on
December 13, 2021.
The United States Trade
Representative has specified the
following new thresholds:
Department of Defense (DoD),
General Services Administration (GSA),
AGENCY:
Supply
contract
(equal to or
exceeding)
WTO GPA .............................................................................................................................
FTAs:
18:08 Dec 29, 2021
ACTION:
Federal Acquisition Regulation: Trade
Agreements Thresholds
Trade agreement
VerDate Sep<11>2014
and National Aeronautics and Space
Administration (NASA).
PO 00000
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Sfmt 4700
$183,000
E:\FR\FM\30DER3.SGM
30DER3
Service
contract
(equal to or
exceeding)
$183,000
Construction
contract
(equal to or
exceeding)
$7,032,000
74529
Federal Register / Vol. 86, No. 248 / Thursday, December 30, 2021 / Rules and Regulations
Supply
contract
(equal to or
exceeding)
Trade agreement
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 ..................................................................................................................................
Oman FTA ............................................................................................................................
Panama FTA ........................................................................................................................
Peru FTA ..............................................................................................................................
Singapore FTA .....................................................................................................................
Israeli Trade Act ...................................................................................................................
II. Discussion and Analysis
This final rule implements the new
thresholds in FAR subpart 25.4, Trade
Agreements, and other sections in the
FAR that include trade agreements
thresholds (i.e., 22.1503, 25.202, 25.603,
25.1101, and 25.1102).
In addition, changes are required to
the provision at 52.204–8, Annual
Representations and Certifications, and
the clause at 52.222–19, Child LaborCooperation with Authorities and
Remedies, with conforming changes to
the clause dates in 52.212–5, Contract
Terms and Conditions Required to
Implement Statutes or Executive OrdersCommercial Products and Commercial
Services, and 52.213–4, Terms and
Conditions-Simplified Acquisitions
(Other Than Commercial Products and
Commercial Services).
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III. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
The statute that applies to the
publication of the FAR is 41 U.S.C.
1707. Subsection (a)(1) of 41 U.S.C.
1707 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 only adjusts the
thresholds according to predetermined
formulae to adjust for changes in
economic conditions, thus maintaining
the status quo, without significant effect
VerDate Sep<11>2014
18:08 Dec 29, 2021
Jkt 256001
beyond the internal operating
procedures of the Government.
IV. Expected Impact of the Rule
This final rule will adjust the
thresholds for application of the WTO
GPA and FTAs, as determined by the
USTR. For acquisitions covered by the
WTO GPA or FTAs, the USTR has
waived the Buy American statute and
other discriminatory provisions for
eligible products. As a result, eligible
products and services will receive equal
consideration with domestic offers if the
estimated value of the contract meets or
exceeds the new thresholds set by the
USTR. This rule is not expected to
significantly impact domestic offerors or
offerors covered by the WTO GPA or a
FTA, because the threshold adjustments
made under this rule simply
accommodate changes in economic
conditions while maintaining the status
quo.
V. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial
Products, Including Commercially
Available Off-the-Shelf Items, or for
Commercial Services
This rule amends the FAR to make
minor revisions in the thresholds for
application of the WTO GPA and the
FTAs. The revisions do not add any new
burdens or, except for the thresholds
changes themselves, impact
applicability of clauses and provisions
at or below the simplified acquisition
threshold, to acquisitions of commercial
products (including commercially
available off-the-shelf items), or to
acquisition of commercial services.
VI. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
PO 00000
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Fmt 4701
Sfmt 4700
Service
contract
(equal to or
exceeding)
Construction
contract
(equal to or
exceeding)
2,319
183,000
92,319
183,000
7,032,000
12,001,460
92,319
92,319
92,319
100,000
183,000
92,319
92,319
92,319
100,000
183,000
7,032,000
7,032,000
7,032,000
7,032,000
7,032,000
25,000
92,319
183,000
183,000
183,000
92,319
50,000
83,099
92,319
183,000
183,000
183,000
92,319
........................
10,802,884
12,001,460
12,001,460
7,032,000
7,032,000
7,032,000
........................
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.
VII. Congressional Review Act
As required by the Congressional
Review Act (5 U.S.C. 801–808) before an
interim or final rule takes effect, DoD,
GSA, and NASA will send the rule and
the ‘‘Submission of Federal Rules Under
the Congressional Review Act’’ form to
each House of the Congress and to the
Comptroller General of the United
States. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. The Office of
Information and Regulatory Affairs
(OIRA) in the Office of Management and
Budget has determined that this is not
a major rule under 5 U.S.C. 804.
VIII. Regulatory Flexibility Act
Because a notice of proposed
rulemaking and an opportunity for
public comment are not required to be
given for this rule under 41 U.S.C.
1707(a)(1) (see section III of this
preamble), the analytical requirements
of the Regulatory Flexibility Act (5
U.S.C. 601–612) are not applicable.
Accordingly, no regulatory flexibility
analysis is required, and none has been
prepared.
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Federal Register / Vol. 86, No. 248 / Thursday, December 30, 2021 / Rules and Regulations
IX. Paperwork Reduction Act
This rule affects the information
collection requirements in the
provisions at 52.225–2, 52.225–4,
52.225–6 and 52.225–10, and the
clauses at FAR 52.225–9, 52.225–11,
52.225–21, and 52.225–23, currently
approved under OMB Control Number
9000–0024, entitled ‘‘Buy American
Act, Trade Agreements, and Duty-Free
Entry, in accordance with the
Paperwork Reduction Act (44 U.S.C.
3501–3521).The impact, however, is
negligible, because the threshold
changes are in line with inflation and
maintain the status quo. As a result,
there is no change to the estimated
burden.
List of Subjects in 48 CFR Parts 22, 25,
and 52
Government procurement.
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:
■ 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
■
a. Removing from paragraph (b)(3)
‘‘$83,099’’ and adding ‘‘$92,319’’ in its
place; and
■ b. Removing from paragraph (b)(4)
‘‘$182,000’’ and adding ‘‘$183,000’’ in
its place.
■
PART 25—FOREIGN ACQUISITION
25.202
[Amended]
3. Amend section 25.202 by removing
from paragraph (c) ‘‘$7,008,000’’ and
adding ‘‘$7,032,000’’ in its place.
■ 4. Amend section 25.402 by revising
table 1 to paragraph (b) to read as
follows:
■
25.402
*
[Amended]
General.
*
*
(b) * * *
*
*
2. Amend section 22.1503 by—
TABLE 1 TO PARAGRAPH (b)
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 ...............................................................................................................................
Oman FTA ............................................................................................................................
Panama FTA ........................................................................................................................
Peru FTA ..............................................................................................................................
Singapore FTA .....................................................................................................................
Israeli Trade Act ...................................................................................................................
25.603
[Amended]
25.1101
[Amended]
6. Amend section 25.1101 by—
a. Removing from paragraph
(b)(1)(i)(A) ‘‘$182,000’’ and adding
‘‘$183,000’’ in its place;
■ b. Removing from paragraphs
(b)(1)(iii) and (iv) ‘‘$83,099’’ and adding
‘‘$92,319’’ in its place;
■ c. Removing from paragraphs
(b)(2)(iii) and (iv) ‘‘$83,099’’ and adding
‘‘$92,319’’ in its place;
■ d. Removing from paragraph (c)(1)
‘‘$182,000’’ and ‘‘WTO GPA applies’’
and adding ‘‘$183,000’’ and ‘‘WTO
GPA’’ in their places, respectively; and
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18:08 Dec 29, 2021
25.1102
[Amended]
7. Amend section 25.1102 by—
■ a. Removing from the paragraph (a)
introductory text paragraph (c)
introductory text ‘‘$7,008,000’’ and
adding ‘‘$7,032,000’’ in its place; and
■ b. Removing from paragraphs (c)(3)
and (d)(3) ‘‘$7,008,000’’ and
‘‘$10,802,884’’ adding ‘‘$7,032,000’’ and
‘‘$12,001,460’’ in their places,
respectively.
■
■
■
VerDate Sep<11>2014
e. Removing from paragraph (d)
‘‘$182,000’’ and adding ‘‘$183,000’’ in
its place.
■
5. Amend section 25.603 by removing
from paragraph (c)(1) ‘‘$7,008,000’’ and
adding ‘‘$7,032,000’’ in its place.
■
Jkt 256001
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
■
8. Amend section 52.204–8 by—
PO 00000
Frm 00004
Fmt 4701
Sfmt 4700
Service
contract
(equal to or
exceeding)
Construction
contract
(equal to or
exceeding)
$183,000
$183,000
$7,032,000
92,319
183,000
92,319
183,000
7,032,000
12,001,460
92,319
92,319
92,319
100,000
183,000
92,319
92,319
92,319
100,000
183,000
7,032,000
7,032,000
7,032,000
7,032,000
7,032,000
25,000
92,319
183,000
183,000
183,000
92,319
50,000
83,099
92,319
183,000
183,000
183,000
92,319
........................
10,802,884
12,001,460
12,001,460
7,032,000
7,032,000
7,032,000
........................
a. Revising the date of the provision;
and
■ b. Removing from paragraphs
(c)(1)(xxi)(C) and (D) ‘‘$83,099’’ and
adding ‘‘$92,319’’ in its place.
The revision reads as follows:
■
52.204–8 Annual Representations and
Certifications.
*
*
*
*
*
Annual Representations and
Certifications (Jan 2022)
*
*
*
*
*
9. Amend section 52.212–5 by—
■ a. Revising the date of the clause; and
■ b. Removing from paragraph (b)(28)
‘‘(JAN 2020)’’ and adding ‘‘(JAN 2022)’’
in its place.
The revisions read as follows:
■
E:\FR\FM\30DER3.SGM
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Federal Register / Vol. 86, No. 248 / Thursday, December 30, 2021 / Rules and Regulations
52.212–5 Contract Terms and Conditions
Required to Implement Statutes or
Executive Orders—Commercial Products
and Commercial Services.
*
*
*
*
*
*
*
*
*
[FR Doc. 2021–28083 Filed 12–29–21; 8:45 am]
*
BILLING CODE 6820–EP–P
Contract Terms and Conditions
Required To Implement Statutes or
Executive Orders—Commercial
Products and Commercial Services (Jan
2022)
*
*
*
*
*
■ 10. Amend section 52.213–4 by—
■ a. Revising the date of the clause; and
■ b. Removing from paragraph (b)(1)(ii)
‘‘(JAN 2020)’’ and adding ‘‘(JAN 2022)’’
in its place.
The revision reads as follows:
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Docket No. FAR–2021–0051, Sequence
No. 7]
Terms and Conditions—Simplified
Acquisitions (Other Than Commercial
Products and Commercial Services)
(Jan 2022)
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Small Entity Compliance Guide
(SECG).
*
SUMMARY:
*
*
*
*
AGENCY:
*
*
*
*
*
■ 11. Amend section 52.222–19 by—
■ a. Revising the date of the clause; and
■ b. Removing from paragraph (a)(3)
‘‘$83,099’’ and adding ‘‘$92,319’’ in its
place; and
■ c. Removing from paragraph (a)(4)
‘‘$182,000’’ and adding ‘‘$183,000’’ in
its place.
The revision reads as follows:
52.222–19 Child Labor—Cooperation with
Authorities and Remedies.
*
*
*
VerDate Sep<11>2014
*
*
18:08 Dec 29, 2021
Jkt 256001
This document is issued
under the joint authority of DoD, GSA,
and NASA. This Small Entity
Compliance Guide has been prepared in
accordance with section 212 of the
Small Business Regulatory Enforcement
Fairness Act of 1996. It consists of a
summary of the rule appearing in
Federal Acquisition Circular (FAC)
2022–03, which amends the Federal
Acquisition Regulation (FAR).
Interested parties may obtain further
information regarding this rule by
referring to FAC 2022–03, which
precedes this document.
PO 00000
Frm 00005
Fmt 4701
December 30, 2021.
The FAC, including the
SECG, is available via the internet at
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Curtis E. Glover, Sr., Procurement
Analyst, at 202–501–1448 or by email at
curtis.glover@gsa.gov for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat Division at
202–501–4755 or GSARegSec@gsa.gov.
Please cite FAC 2022–03, FAR Case
2022–001.
DATES:
ADDRESSES:
Rule Listed in FAC 2022–03
48 CFR Chapter 1
Federal Acquisition Regulation;
Federal Acquisition Circular 2022–03;
Small Entity Compliance Guide
52.213–4 Terms and Conditions—
Simplified Acquisitions (Other Than
Commercial Products and Commercial
Services).
khammond on DSKJM1Z7X2PROD with RULES3
Child Labor—Cooperation With
Authorities and Remedies (Jan 2022)
74531
Sfmt 9990
Subject: Trade Agreements
Thresholds.
FAR Case: 2022–001.
SUPPLEMENTARY INFORMATION: A
summary for the FAR rule follows. For
the actual revisions and/or amendments
made by this FAR rule, refer to the
specific subject set forth in the
document following this summary. FAC
2022–03 amends the FAR as follows:
Trade Agreements Thresholds (FAR
Case 2022–001)
This final rule amends the Federal
Acquisition Regulation to adjust the
thresholds for application of the World
Trade Organization Government
Procurement Agreement and the Free
Trade Agreements as determined by the
United States Trade Representative,
according to predetermined formulae
under the agreements.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
[FR Doc. 2021–28082 Filed 12–29–21; 8:45 am]
BILLING CODE 6820–EP–P
E:\FR\FM\30DER3.SGM
30DER3
]]>Agencies
[Federal Register Volume 86, Number 248 (Thursday, December 30, 2021)]
[Rules and Regulations]
[Pages 74528-74531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28083]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 22, 25, and 52
[FAC 2022-03; FAR Case 2022-001; Docket No. FAR-2021-0054; Sequence No.
1]
RIN 9000-AO38
Federal Acquisition Regulation: Trade Agreements Thresholds
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 incorporate revised 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, 2022.
FOR FURTHER INFORMATION CONTACT: Mr. Curtis E. Glover, Sr., Procurement
Analyst, at 202-501-1448 or by email at [email protected] for
clarification of content. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat Division at
202-501-4755 or [email protected]. Please cite FAC 2022-03, FAR Case
2022-001.
SUPPLEMENTARY INFORMATION:
I. Background
Approximately every two years, the trade agreements thresholds for
the World Trade Organization Government Procurement Agreement (WTO GPA)
and the free trade agreements (FTAs) are adjusted according to
predetermined formulae under the agreements. These thresholds become
effective on January 1, 2022. On November 26, 2021 (86 FR 67579), the
United States Trade Representative (USTR) published new procurement
thresholds. DoD, GSA, and NASA are not changing the Canada thresholds
because of the United States-Mexico-Canada Agreement Implementation
Act, which is being implemented in FAR Case 2020-014, United States-
Mexico-Canada Agreement. FAR Case 2020-014 was published as a proposed
rule on December 13, 2021.
The United States Trade Representative has specified the following
new thresholds:
----------------------------------------------------------------------------------------------------------------
Supply Service Construction
contract contract contract
Trade agreement (equal to or (equal to or (equal to or
exceeding) exceeding) exceeding)
----------------------------------------------------------------------------------------------------------------
WTO GPA..................................................... $183,000 $183,000 $7,032,000
FTAs:
[[Page 74529]]
Australia FTA............................................... 2,319 92,319 7,032,000
Bahrain FTA................................................. 183,000 183,000 12,001,460
CAFTA-DR (Costa Rica, Dominican Republic, El Salvador, 92,319 92,319 7,032,000
Guatemala, Honduras, and Nicaragua)........................
Chile FTA................................................... 92,319 92,319 7,032,000
Colombia FTA................................................ 92,319 92,319 7,032,000
Korea FTA................................................... 100,000 100,000 7,032,000
Morocco FTA................................................. 183,000 183,000 7,032,000
NAFTA:
Canada...................................................... 25,000 83,099 10,802,884
Mexico...................................................... 92,319 92,319 12,001,460
Oman FTA.................................................... 183,000 183,000 12,001,460
Panama FTA.................................................. 183,000 183,000 7,032,000
Peru FTA.................................................... 183,000 183,000 7,032,000
Singapore FTA............................................... 92,319 92,319 7,032,000
Israeli Trade Act........................................... 50,000 .............. ..............
----------------------------------------------------------------------------------------------------------------
II. Discussion and Analysis
This final rule implements the new thresholds in FAR subpart 25.4,
Trade Agreements, and other sections in the FAR that include trade
agreements thresholds (i.e., 22.1503, 25.202, 25.603, 25.1101, and
25.1102).
In addition, changes are required to the provision at 52.204-8,
Annual Representations and Certifications, and the clause at 52.222-19,
Child Labor-Cooperation with Authorities and Remedies, with conforming
changes to the clause dates in 52.212-5, Contract Terms and Conditions
Required to Implement Statutes or Executive Orders-Commercial Products
and Commercial Services, and 52.213-4, Terms and Conditions-Simplified
Acquisitions (Other Than Commercial Products and Commercial Services).
III. Publication of This Final Rule for Public Comment Is Not Required
by Statute
The statute that applies to the publication of the FAR is 41 U.S.C.
1707. Subsection (a)(1) of 41 U.S.C. 1707 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 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. Expected Impact of the Rule
This final rule will adjust the thresholds for application of the
WTO GPA and FTAs, as determined by the USTR. For acquisitions covered
by the WTO GPA or FTAs, the USTR has waived the Buy American statute
and other discriminatory provisions for eligible products. As a result,
eligible products and services will receive equal consideration with
domestic offers if the estimated value of the contract meets or exceeds
the new thresholds set by the USTR. This rule is not expected to
significantly impact domestic offerors or offerors covered by the WTO
GPA or a FTA, because the threshold adjustments made under this rule
simply accommodate changes in economic conditions while maintaining the
status quo.
V. Applicability to Contracts at or Below the Simplified Acquisition
Threshold and for Commercial Products, Including Commercially Available
Off-the-Shelf Items, or for Commercial Services
This rule amends the FAR to make minor revisions in the thresholds
for application of the WTO GPA and the FTAs. The revisions do not add
any new burdens or, except for the thresholds changes themselves,
impact applicability of clauses and provisions at or below the
simplified acquisition threshold, to acquisitions of commercial
products (including commercially available off-the-shelf items), or to
acquisition of commercial services.
VI. 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.
VII. Congressional Review Act
As required by the Congressional Review Act (5 U.S.C. 801-808)
before an interim or final rule takes effect, DoD, GSA, and NASA will
send the rule and the ``Submission of Federal Rules Under the
Congressional Review Act'' form to each House of the Congress and to
the Comptroller General of the United States. A major rule cannot take
effect until 60 days after it is published in the Federal Register. The
Office of Information and Regulatory Affairs (OIRA) in the Office of
Management and Budget has determined that this is not a major rule
under 5 U.S.C. 804.
VIII. Regulatory Flexibility Act
Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule under 41
U.S.C. 1707(a)(1) (see section III of this preamble), the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601-612) are
not applicable. Accordingly, no regulatory flexibility analysis is
required, and none has been prepared.
[[Page 74530]]
IX. Paperwork Reduction Act
This rule affects the information collection requirements in the
provisions at 52.225-2, 52.225-4, 52.225-6 and 52.225-10, and the
clauses at FAR 52.225-9, 52.225-11, 52.225-21, and 52.225-23, currently
approved under OMB Control Number 9000-0024, entitled ``Buy American
Act, Trade Agreements, and Duty-Free Entry, in accordance with the
Paperwork Reduction Act (44 U.S.C. 3501-3521).The impact, however, is
negligible, because the threshold changes are in line with inflation
and maintain the status quo. As a result, there is no change to the
estimated burden.
List of Subjects in 48 CFR Parts 22, 25, and 52
Government procurement.
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--
0
a. Removing from paragraph (b)(3) ``$83,099'' and adding ``$92,319'' in
its place; and
0
b. Removing from paragraph (b)(4) ``$182,000'' and adding ``$183,000''
in its place.
PART 25--FOREIGN ACQUISITION
25.202 [Amended]
0
3. Amend section 25.202 by removing from paragraph (c) ``$7,008,000''
and adding ``$7,032,000'' in its place.
0
4. Amend section 25.402 by revising table 1 to paragraph (b) to read as
follows:
25.402 General.
* * * * *
(b) * * *
Table 1 to Paragraph (b)
----------------------------------------------------------------------------------------------------------------
Supply Service Construction
contract contract contract
Trade agreement (equal to or (equal to or (equal to or
exceeding) exceeding) exceeding)
----------------------------------------------------------------------------------------------------------------
WTO GPA..................................................... $183,000 $183,000 $7,032,000
FTAs:
Australia FTA............................................... 92,319 92,319 7,032,000
Bahrain FTA................................................. 183,000 183,000 12,001,460
CAFTA-DR (Costa Rica, Dominican Republic, El-Salvador, 92,319 92,319 7,032,000
Guatemala, Honduras, and Nicaragua)........................
Chile FTA................................................... 92,319 92,319 7,032,000
Colombia FTA................................................ 92,319 92,319 7,032,000
Korea FTA................................................... 100,000 100,000 7,032,000
Morocco FTA................................................. 183,000 183,000 7,032,000
NAFTA:
--Canada.................................................... 25,000 83,099 10,802,884
--Mexico.................................................... 92,319 92,319 12,001,460
Oman FTA.................................................... 183,000 183,000 12,001,460
Panama FTA.................................................. 183,000 183,000 7,032,000
Peru FTA.................................................... 183,000 183,000 7,032,000
Singapore FTA............................................... 92,319 92,319 7,032,000
Israeli Trade Act........................................... 50,000 .............. ..............
----------------------------------------------------------------------------------------------------------------
25.603 [Amended]
0
5. Amend section 25.603 by removing from paragraph (c)(1)
``$7,008,000'' and adding ``$7,032,000'' in its place.
25.1101 [Amended]
0
6. Amend section 25.1101 by--
0
a. Removing from paragraph (b)(1)(i)(A) ``$182,000'' and adding
``$183,000'' in its place;
0
b. Removing from paragraphs (b)(1)(iii) and (iv) ``$83,099'' and adding
``$92,319'' in its place;
0
c. Removing from paragraphs (b)(2)(iii) and (iv) ``$83,099'' and adding
``$92,319'' in its place;
0
d. Removing from paragraph (c)(1) ``$182,000'' and ``WTO GPA applies''
and adding ``$183,000'' and ``WTO GPA'' in their places, respectively;
and
0
e. Removing from paragraph (d) ``$182,000'' and adding ``$183,000'' in
its place.
25.1102 [Amended]
0
7. Amend section 25.1102 by--
0
a. Removing from the paragraph (a) introductory text paragraph (c)
introductory text ``$7,008,000'' and adding ``$7,032,000'' in its
place; and
0
b. Removing from paragraphs (c)(3) and (d)(3) ``$7,008,000'' and
``$10,802,884'' adding ``$7,032,000'' and ``$12,001,460'' in their
places, respectively.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
8. Amend section 52.204-8 by--
0
a. Revising the date of the provision; and
0
b. Removing from paragraphs (c)(1)(xxi)(C) and (D) ``$83,099'' and
adding ``$92,319'' in its place.
The revision reads as follows:
52.204-8 Annual Representations and Certifications.
* * * * *
Annual Representations and Certifications (Jan 2022)
* * * * *
0
9. Amend section 52.212-5 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (b)(28) ``(JAN 2020)'' and adding ``(JAN
2022)'' in its place.
The revisions read as follows:
[[Page 74531]]
52.212-5 Contract Terms and Conditions Required to Implement Statutes
or Executive Orders--Commercial Products and Commercial Services.
* * * * *
Contract Terms and Conditions Required To Implement Statutes or
Executive Orders--Commercial Products and Commercial Services (Jan
2022)
* * * * *
0
10. Amend section 52.213-4 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (b)(1)(ii) ``(JAN 2020)'' and adding ``(JAN
2022)'' in its place.
The revision reads as follows:
52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than
Commercial Products and Commercial Services).
* * * * *
Terms and Conditions--Simplified Acquisitions (Other Than Commercial
Products and Commercial Services) (Jan 2022)
* * * * *
0
11. Amend section 52.222-19 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (a)(3) ``$83,099'' and adding ``$92,319'' in
its place; and
0
c. Removing from paragraph (a)(4) ``$182,000'' and adding ``$183,000''
in its place.
The revision reads as follows:
52.222-19 Child Labor--Cooperation with Authorities and Remedies.
* * * * *
Child Labor--Cooperation With Authorities and Remedies (Jan 2022)
* * * * *
[FR Doc. 2021-28083 Filed 12-29-21; 8:45 am]
BILLING CODE 6820-EP-P
