Federal Acquisition Regulation: United States-Mexico-Canada Agreement, 73890-73894 [2022-25960]
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Federal Register / Vol. 87, No. 230 / Thursday, December 1, 2022 / Rules and Regulations
following these item summaries. FAC
2023–01 amends the FAR as follows:
Item I—Update to Title 10 Citations
(FAR Case 2022–005)
This final rule amends the Federal
Acquisition Regulation to update
statutory references to Title 10 of the
United States Code, which were revised
by Title XVIII of the William M. (Mac)
Thornberry National Defense
Authorization Act (NDAA) for Fiscal
Year (FY) 2021 (Pub. L. 116–283),
Transfer and Reorganization of Defense
Acquisition Statutes, and Title XVII of
the NDAA for FY 2022 (Pub. L. 117–81),
Technical Amendments Related to the
Transfer and Reorganization of Defense
Acquisition Statutes. The final rule will
not have a significant economic impact
on a substantial number of small entities
because it simply updates statutory
references in existing regulations.
Item II—Effective Communication
between Government and Industry
(FAR Case 2016–005)
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This final rule implements the United
States-Mexico-Canada Agreement
Implementation Act (Pub. L. 116–113).
The rule makes changes in the FAR to
conform to Chapter 13 of the United
States-Mexico-Canada Agreement
(USMCA), which sets forth certain
obligations between the United States
and Mexico with respect to Government
procurement of goods and services, as
specified in Annex 13–A of the USMCA.
Chapter 13 of the USMCA applies only
between Mexico and the United States
and does not cover Canada. Although
Canada is still a designated country
under the World Trade Organization
Government Procurement Agreement,
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Administrative changes are made at
FAR 17.701, and 53.300.
William F. Clark,
Director, Office of Government-Wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-Wide Policy.
BILLING CODE 6820–EP–P
Item III—United States-Mexico-Canada
Agreement (FAR Case 2020–014)
17:56 Nov 30, 2022
Item IV—Technical Amendments
[FR Doc. 2022–25962 Filed 11–30–22; 8:45 am]
This final rule amends the FAR to
implement section 887 of the National
Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2016 (Pub. L. 114–92).
This rule clarifies that agency
acquisition personnel are permitted and
encouraged to engage in responsible and
constructive exchanges with industry,
so long as those exchanges are
consistent with existing laws and
regulations, and do not promote an
unfair competitive advantage to
particular firms.
DoD, GSA, and NASA do not expect
this final rule to have a significant
economic impact on a substantial
number of small entities. Any effect to
small businesses should be positive.
Small businesses will benefit from
better communication with the
Government.
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Canada is no longer a Free Trade
Agreement country. Therefore,
references to Canada as a Free Trade
Agreement country in the FAR are
deleted, including the $25,000
threshold. DoD, GSA, and NASA do not
expect this rule to have a significant
economic impact on a substantial
number of small entities. The effect on
contracting officers is expected to be
minimal as they will continue to apply
the rule implementing the USMCA to
contracts to which the North American
Free Trade Agreement (NAFTA)
applied, at the higher threshold for
Mexico.
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 4, 13, 18, 22, 25, 27, and
52
[FAC 2023–01; FAR Case 2020–014; Item
III; Docket No. FAR–2020–0014; Sequence
No. 1]
RIN 9000–AO14
GSARegSec@gsa.gov. Please cite FAC
2023–01, FAR Case 2020–014.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published a
proposed rule at 86 FR 70808 on
December 13, 2021, to implement the
United States-Mexico-Canada
Agreement Implementation Act (Pub. L.
116–113). On June 12, 2017, the
President announced his intention to
commence negotiations with Canada
and Mexico to modernize the North
American Free Trade Agreement
(NAFTA). On November 30, 2018, the
Governments of the United States,
Mexico, and Canada (the Parties) signed
the protocol replacing NAFTA with the
United States-Mexico-Canada
Agreement (USMCA). On December 10,
2019, the Parties signed the protocol of
amendment to the USMCA. On January
29, 2020, the President signed into law
the United States-Mexico-Canada
Agreement Implementation Act, through
which Congress approved the USMCA.
On July 1, 2020, the USMCA entered
into full force. (See U.S. Trade
Representative Determination published
June 29, 2020, 85 FR 39037.) Although
Canada is still a designated country
under the World Trade Organization
Government Procurement Agreement,
Canada is no longer a Free Trade
Agreement country, because chapter 13
of the USMCA (government
procurement) applies only to the United
States and Mexico. Therefore, references
to Canada as a Free Trade Agreement
country are deleted, including the
$25,000 threshold. Mexico thresholds
remain unchanged.
Federal Acquisition Regulation: United
States-Mexico-Canada Agreement
There were no comments submitted
on the proposed rule.
AGENCY:
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
II. Discussion and Analysis
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
implement the United States-MexicoCanada Agreement Implementation Act.
DATES: Effective December 30, 2022.
FOR FURTHER INFORMATION CONTACT: Mr.
Michael O. Jackson, Procurement
Analyst, at 202–208–4949 or by email at
michaelo.jackson@gsa.gov, for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat Division at 202–501–4755 or
There were no public comments for
the Civilian Agency Acquisition Council
and the Defense Acquisition Regulations
Council (the Councils) to review.
Therefore, there are no changes in the
final rule from the proposed, except for
baseline updates. The baseline updates
include changes made in FAC 2022–03,
FAR case 2022–001, Trade Agreements
Thresholds, to incorporate the 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,
effective on January 1, 2022. The final
rule also includes baseline updates
published in FAC 2022–05 for FAR case
2021–008, effective on October 25, 2022.
SUMMARY:
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III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold (SAT) and for Commercial
Products (Including Commercially
Available Off-the-Shelf (COTS) Items)
or for Commercial Services
This final rule does not create any
new provisions or clauses, nor does it
change the applicability of any existing
provisions or clauses included in
solicitations and contracts valued at or
below the SAT, or for commercial
products (including COTS items) and
commercial services.
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.
V. 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.
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VI. 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. 601–612. The
FRFA is summarized as follows:
The objective of this rule is to implement
the USMCA Implementation Act. The rule
makes changes in the FAR to conform to
Chapter 13 of the USMCA, which sets forth
certain obligations between the United States
and Mexico with respect to Government
procurement of goods and services, as
specified in Annex 13–A of the USMCA.
Chapter 13 of the USMCA applies only
between Mexico and the United States and
does not cover Canada. Although Canada is
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still a designated country under the World
Trade Organization Government Procurement
Agreement, Canada is no longer a Free Trade
Agreement country, because chapter 13 of the
USMCA (government procurement) applies
only to the United States and Mexico.
Therefore, references to Canada as a Free
Trade Agreement country in the FAR are
deleted, including the $25,000 threshold.
Canadian end products will still receive
nondiscriminatory treatment with respect to
the Buy American statute but starting at
$183,000, rather than $25,000. Mexico
thresholds remain unchanged.
The legal basis for these changes is Public
Law 116–113.
There were no public comments submitted
in response to the initial regulatory flexibility
analysis.
DoD, GSA, and NASA do not expect this
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. 601–612, because, although the rule
removes Canada as a Free Trade Agreement
designated country and deletes the associated
$25,000 threshold, Canada remains a World
Trade Organization Government Procurement
Agreement designated country, at $183,000.
The Mexico thresholds remain unchanged.
Based on fiscal year 2019 data from the
Federal Procurement Data System, 129,308
small businesses were awarded Government
contracts. Impacts to small businesses are
anticipated to be negligible based on the data
analysis approved under Office of
Management and Budget (OMB) Control
Number 9000–0024, Buy American, Trade
Agreements, and Duty-Free Entry. Alternate
I of the clause, FAR 52.225–3, Buy
American—Free Trade Agreements—Israeli
Trade Act, and Alternate I of the provision,
FAR 52.225–4, Buy American—Free Trade
Agreements—Israeli Trade Act Certificate,
are deleted. The Trade Agreements clause at
FAR 52.225–5, the Buy American—
Construction Materials under Trade
Agreements clause at FAR 52.225–11, and
the FAR 52.225–23 equivalent for the
Recovery Act are revised to delete references
to Canada as a Free Trade Agreement
country. In regard to FAR 52.225–23,
additional construction awards are not
anticipated using Recovery Act funds.
This final rule does not include any new
reporting, recordkeeping, or other
compliance requirements for small
businesses. The rule does not impose
additional information collection
requirements to the paperwork burden
previously approved by OMB under the
Paperwork Reduction Act (44 U.S.C. 3501–
3521), Control Number 9000–0024, Buy
American, Trade Agreements, and Duty-Free
Entry.
There are no known significant alternative
approaches to the final rule.
Interested parties may obtain a copy
of the FRFA from the Regulatory
Secretariat Division. The Regulatory
Secretariat Division has submitted a
copy of the FRFA to the Chief Counsel
for Advocacy of the Small Business
Administration.
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VII. Paperwork Reduction Act
The Paperwork Reduction Act (44
U.S.C. 3501–3521) does apply.
However, these changes to the FAR do
not impose additional information
collection requirements to the
paperwork burden previously approved
by the Office of Management and
Budget Control Number 9000–0024, Buy
American, Trade Agreements, and DutyFree Entry.
List of Subjects in 48 CFR Parts 4, 13,
18, 22, 25, 27, 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 4, 13, 18, 22, 25,
27, and 52 as set forth below:
1. The authority citation for 48 CFR
parts 4, 13, 18, 22, 25, 27, and 52
continues to read as follows:
■
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 4 and 10 U.S.C. chapter 137 legacy
provisions (see 10 U.S.C. 3016); and 51
U.S.C. 20113.
PART 4—ADMINISTRATIVE AND
INFORMATION MATTERS
4.1202
[Amended]
2. Amend section 4.1202 by removing
from paragraph (a)(28) the phrase
‘‘Alternates I, II, and III’’ and adding
‘‘Alternates II and III’’ in its place.
■
PART 13—SIMPLIFIED ACQUISITION
PROCEDURES
13.302–5
[Amended]
3. Amend section 13.302–5, in
paragraph (d)(3)(i) by removing the
word ‘‘FAR’’ twice.
■
PART 18—EMERGENCY
ACQUISITIONS
18.120
■
[Removed and Reserved]
4. Remove and reserve section 18.120.
PART 22—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITIONS
22.1503
[Amended]
5. Amend section 22.1503 by—
a. Removing paragraph (b)(1);
■ b. Redesignating paragraphs (b)(2)
through (4) as paragraphs (b)(1) through
(3); and
■ c. Adding ‘‘Canada,’’ in newly
redesignated paragraph (b)(3) between
the words ‘‘Bulgaria’’ and ‘‘Croatia’’.
■
■
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22.1505
[Amended]
6. Amend section 22.1505 in
paragraph (a) by removing ‘‘$25,000’’
and adding ‘‘$50,000’’ in its place.
■
PART 25—FOREIGN ACQUISITION
25.003
[Amended]
7. Amend section 25.003 by removing
‘‘Canada,’’ from paragraph (2) of the
definition of ‘‘Designated country’’ and
from the definition of ‘‘Free Trade
Agreement country’’.
■ 8. Amend section 25.400 by revising
paragraph (a)(2)(i) to read as follows:
■
25.400
Scope of subpart.
(a) * * *
.......................................
*
*
*
(2) * * *
(i) USMCA (United States-MexicoCanada Agreement, as approved by
Congress in the United States-MexicoCanada Agreement Implementation Act
(Government Procurement Agreement
applicable only to the United States and
Mexico) (Pub. L. 116–113) (19 U.S.C.
chapter 29 (sections 4501–4732));
*
*
*
*
*
■ 9. Amend section 25.401 by—
■ a. Removing ‘‘and’’ from the end of
paragraph (a)(4);
■ b. Removing ‘‘13.501(a).’’ from
paragraph (a)(5) and adding ‘‘13.501(a);
and’’ in its place;
■ c. Adding paragraph (a)(6); and
..............................................................................
*
*
*
*
*
*
d. In the table of paragraph (b),
revising the heading of the third
column.
The addition and revision read as
follows:
■
25.401
Exceptions.
(a) * * *
(6) Goods and services specifically
excluded under individual trade
agreements, such as exceptions
negotiated by the U.S. Trade
Representative for particular agencies.
See the agency supplementary
regulations.
(b) * * * * *
Bahrain FTA, CAFTA–
DR, Chile FTA, Columbia FTA, USMCA,
Oman FTA, Panama
FTA, and Peru FTA.
*
10. 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
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 ........................................................................................................................
USMCA:.
—Mexico ........................................................................................................................
Oman FTA ............................................................................................................................
Panama FTA ........................................................................................................................
Peru FTA ..............................................................................................................................
Singapore FTA .....................................................................................................................
Israeli Trade Act ...................................................................................................................
*
*
25.504–1
*
*
*
[Amended]
11. Amend section 25.504–1 by
removing ‘‘$25,000’’ from paragraphs
(a)(2) and (c)(2) and adding ‘‘$50,000’’
in its place.
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■
25.1101
[Amended]
12. Amend section 25.1101 by—
■ a. Removing ‘‘$25,000’’ from
paragraphs (a)(1) introductory text and
■
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(b)(1)(i)(A) and adding ‘‘$50,000’’ in its
place, wherever it appears;
■ b. Removing paragraph (b)(1)(ii);
■ c. Redesignating paragraphs (b)(1)(iii)
through (v) as paragraphs (b)(1)(ii)
through (iv);
■ d. Removing from the newly
redesignated paragraph (b)(1)(ii) the
phrase ‘‘Alternate II’’ and adding the
phrase ‘‘Alternate II’’ in its place;
■ e. Removing paragraph (b)(2)(ii);
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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
92,319
183,000
183,000
183,000
92,319
50,000
92,319
183,000
183,000
183,000
92,319
........................
12,001,460
12,001,460
7,032,000
7,032,000
7,032,000
........................
f. Redesignating paragraphs (b)(2)(iii)
and (iv) as paragraphs (b)(2)(ii) and (iii);
and
■ g. Removing from the newly
redesignated paragraph (b)(2)(ii) the
phrase ‘‘Alternate II’’ and adding the
phrase ‘‘Alternate II’’ in its place.
■
PART 27—PATENTS, DATA, AND
COPYRIGHTS
13. Revise section 27.204–1 to read as
follows:
■
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27.204–1 Use of patented technology
under the United States-Mexico-Canada
Agreement.
When questions arise with regard to
use of patented technology under the
United States-Mexico-Canada
Agreement, the contracting officer
should consult with legal counsel. Note
that Article 20.6(a) of the Agreement
discusses public health and
pharmaceuticals.
■ 14. Amend section 27.204–2 by
adding a sentence to the end of the
paragraph to read as follows:
27.204–2 Use of patented technology
under the General Agreement on Tariffs and
Trade (GATT).
* * * Article 20.40 of the United
States-Mexico-Canada Agreement
preserves parties’ rights under Article
31.
15. Amend section 52.204–8 by
revising the date of the provision and
paragraph (c)(1)(xxi) to read as follows:
52.204–8 Annual Representations and
Certifications.
*
*
*
Annual Representations and
Certifications (DEC 2022)
*
*
*
*
*
(c)(1) * * *
(xxi) 52.225–4, Buy American-Free Trade
Agreements-Israeli Trade Act Certificate.
(Basic, Alternates II and III.) This provision
applies to solicitations containing the clause
at 52.225–3.
(A) If the acquisition value is less than
$50,000, the basic provision applies.
(B) If the acquisition value is $50,000 or
more but is less than $92,319, the provision
with its Alternate II applies.
(C) If the acquisition value is $92,319 or
more but is less than $100,000, the provision
with its Alternate III applies.
*
*
*
*
■ 16. Amend section 52.212–3 by—
■ a. Revising the date of the provision;
■ b. Removing paragraph (g)(2);
■ c. Redesignating paragraphs (g)(3)
through (5) as paragraphs (g)(2) through
(4); and
■ d. Revising the newly redesignated
paragraph (g)(2).
The revisions read as follows:
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*
52.212–3 Offeror Representations and
Certifications—Commercial Products and
Commercial Services.
*
*
*
*
*
Offeror Representations and
Certifications—Commercial Products
and Commercial Services (DEC 2022)
*
*
*
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*
*
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[List as necessary]
*
*
*
*
17. Amend section 52.212–5 by—
a. Revising the date of the clause;
b. Removing from paragraph (b)(28)
the date ‘‘(JAN 2022)’’ and adding
‘‘(DEC 2022)’’ in its place;
■ c. Revising paragraphs (b)(49)(i) and
(ii);
■ d. Removing from paragraph
(b)(49)(iii) the date ‘‘(JAN 2021)’’ and
adding ‘‘(DEC 2022)’’ in its place; and
■ e. Removing from paragraph (b)(50)
the date ‘‘(OCT 2019)’’ and adding
‘‘(DEC 2022)’’ in its place.
The revisions read as follows:
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
(DEC 2022)
*
*
*
*
*
(b) * * *
(49)(i) 52.225–3, Buy American—Free
Trade Agreements—Israeli Trade Act (DEC
2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112
note, 19 U.S.C. 3805 note, 19 U.S.C. 4001
note, 19 U.S.C. chapter 29 (sections 4501–
4732), Public Law 103–182, 108–77, 108–78,
108–286, 108–302, 109–53, 109–169, 109–
283, 110–138, 112–41, 112–42, and 112–43.
(ii) Alternate I [Reserved].
*
*
*
*
*
18. Amend section 52.213–4 by—
a. Revising the date of the clause;
b. In paragraph (b)(1)(ii)—
i. Removing the date ‘‘(JAN 2022)’’
and adding ‘‘(DEC 2022)’’ in its place;
and
■ ii. Removing the phrase ‘‘FAR’’;
■ c. In paragraph (b)(1)(xvii)(A)
introductory text removing the phrase
‘‘FAR’’; and
■ d. Removing ‘‘$25,000’’ from
paragraph (b)(1)(xvii)(A)(2) and adding
‘‘$50,000’’ in its place.
■
■
■
■
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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)
(DEC 2022)
*
*
*
*
*
19. Amend section 52.222–19 by—
a. Revising the date of the clause;
b. Removing paragraph (a)(1);
c. Redesignating paragraphs (a)(2)
through (4) as paragraphs (a)(1) through
(3); and
■ d. Adding ‘‘Canada,’’ in newly
redesignated paragraph (a)(3) between
‘‘Bulgaria,’’ and ‘‘Croatia’’.
The revision reads as follows:
■
■
■
■
■
■
■
■
*
Line Item No.
*
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
*
(g) * * *
(2) Buy American—Free Trade
Agreements—Israeli Trade Act Certificate,
Alternate II. If Alternate II to the clause at
FAR 52.225–3 is included in this solicitation,
substitute the following paragraph (g)(1)(ii)
for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the
following supplies are Israeli end products as
defined in the clause of this solicitation
entitled ‘‘Buy American—Free Trade
Agreements—Israeli Trade Act’’:
Israeli End Products:
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52.222–19 Child Labor—Cooperation With
Authorities and Remedies.
*
*
*
*
*
Child Labor—Cooperation With
Authorities and Remedies (DEC 2022)
*
*
*
*
*
20. Amend section 52.225–3 by—
a. Revising the date of the clause;
b. In paragraph (a), in the definition of
‘‘Free Trade Agreement country’’
removing ‘‘Canada,’’;
■ c. Removing and reserving Alternate I;
■ d. Revising Alternate II;
■ e. Removing from the introductory
text of Alternate III ‘‘25.1101(b)(1)(iv)’’
and adding ‘‘25.1101(b)(1)(iii)’’ in its
place; and
■ f. Removing from the introductory text
of Alternate IV ‘‘25.1101(b)(1)(v)’’ and
adding ‘‘25.1101(b)(1)(iv)’’ in its place.
The revisions read as follows:
■
■
■
52.225–3 Buy American—Free Trade
Agreements—Israeli Trade Act.
*
*
*
*
*
Buy American—Free Trade
Agreements—Israeli Trade Act (DEC
2022)
*
*
*
*
*
Alternate II (DEC 2022). As prescribed in
25.1101(b)(1)(ii), substitute the following
paragraph (c) for paragraph (c) of the basic
clause:
(c) Delivery of end products. 41 U.S.C.
chapter 83 provides a preference for domestic
end products for supplies acquired for use in
the United States. In accordance with 41
U.S.C. 1907, the domestic content test of the
Buy American statute is waived for an end
product that is a COTS item (see
12.505(a)(1)), except that for an end product
that consists wholly or predominantly of iron
or steel or a combination of both, the
domestic content test is applied only to the
iron and steel content of the end product,
E:\FR\FM\01DER3.SGM
01DER3
73894
Federal Register / Vol. 87, No. 230 / Thursday, December 1, 2022 / Rules and Regulations
excluding COTS fasteners. In addition, the
Contracting Officer has determined that the
Israeli Trade Act applies to this acquisition.
Unless otherwise specified, this trade
agreement applies to all items in the
Schedule. The Contractor shall deliver under
this contract only domestic end products
except to the extent that, in its offer, it
specified delivery of foreign end products in
the provision entitled ‘‘Buy American—Free
Trade Agreements—Israeli Trade Act.’’ If the
Contractor specified in its offer that the
Contractor would supply an Israeli end
product, then the Contractor shall supply an
Israeli end product or, at the Contractor’s
option, a domestic end product.
*
*
*
*
*
21. Amend section 52.225–4 by—
a. Removing and reserving Alternate I;
b. Revising Alternate II; and
c. In Alternate III removing from the
introductory text ‘‘25.1101(b)(2)(iv)’’
and adding ‘‘25.1101(b)(2)(iii)’’ in its
place.
The revisions read as follows:
■
■
■
■
52.225–4 Buy American—Free Trade
Agreements—Israeli Trade Act Certificate.
*
*
*
*
*
Alternate II (DEC 2022). As prescribed
in 25.1101(b)(2)(ii), substitute the
following paragraph (b) for paragraph
(b) of the basic provision:
(b) The offeror certifies that the
following supplies are Israeli end
products as defined in the clause of this
solicitation entitled ‘‘Buy American—
Free Trade Agreements—Israeli Trade
Act—Balance of Payments Program’’:
Israeli End Products
[List as necessary]
*
*
*
*
*
■ 22. Amend section 52.225–5 by—
■ a. Revising the date of the clause; and
■ b. In paragraph (a), in the definition
‘‘Designated country’’ removing
‘‘Canada,’’ from paragraph (2).
The revision reads as follows:
*
*
*
*
*
*
*
*
*
23. Amend section 52.225–11 by—
a. Revising the date of the clause;
b. In paragraph (a), in the definition of
‘‘Designated country’’, removing
‘‘Canada,’’ from paragraph (2);
■ c. Revising the date of Alternate I; and
■ d. In paragraph (b)(1) of Alternate I:
■ i. Removing the phrase ‘‘FAR’’; and
■ ii. Removing the phrase ‘‘NAFTA’’
and adding ‘‘United States-MexicoCanada Agreement’’ in its place.
■
■
■
khammond on DSKJM1Z7X2PROD with RULES3
*
*
*
*
Buy American—Construction Materials
Under Trade Agreements (DEC 2022)
*
*
*
*
*
Alternate I (DEC 2022). * * *
*
*
*
*
*
24. Amend section 52.225–23 by—
a. Revising the date of the clause; and
b. In paragraph (a), in the definitions
of ‘‘Designated country’’ and ‘‘Recovery
Act designated country’’, removing
‘‘Canada,’’ from paragraphs (2).
The revisions read 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
(DEC 2022)
*
*
*
*
*
[FR Doc. 2022–25960 Filed 11–30–22; 8:45 am]
BILLING CODE 6820–14–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
17:56 Nov 30, 2022
48 CFR Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
11, 12, 13, 14, 15, 16, 17, 18, 19, 22, 23,
24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,
35, 36, 37, 38, 39, 41, 42, 43, 44, 45, 46,
47, 48, 49, 50, 51, 52, and 53
[FAC 2023–01; FAR Case 2022–005; Item
I; Docket No. FAR–2022–0005, Sequence
No. 1]
RIN 9000–AO42
Jkt 259001
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCY:
Trade Agreements (DEC 2022)
VerDate Sep<11>2014
*
Federal Acquisition Regulation:
Update to Title 10 Citations
Trade Agreements.
*
52.225–11 Buy American—Construction
Materials Under Trade Agreements.
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
Line Item No.
52.225–5
The revisions read as follows:
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
update statutory references to Title 10 of
the United States Code.
DATES: Effective: December 30, 2022.
FOR FURTHER INFORMATION CONTACT: Ms.
Carrie Moore, Procurement Analyst, at
SUMMARY:
PO 00000
Frm 00008
Fmt 4701
Sfmt 4700
571–300–5917 or by email at
carrie.moore@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 2023–01, FAR Case
2022–005.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA are amending
the FAR to update numerous statutory
references to Title 10 of the United
States Code, which were revised by
Title XVIII of the William M. (Mac)
Thornberry National Defense
Authorization Act (NDAA) for Fiscal
Year (FY) 2021 (Pub. L. 116–283),
Transfer and Reorganization of Defense
Acquisition Statutes, and Title XVII of
the NDAA for FY 2022 (Pub. L. 117–81),
Technical Amendments Related to the
Transfer and Reorganization of Defense
Acquisition Statutes.
II. 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 this rule only
updates statutory references in the
existing regulations, makes no
substantive changes to those
regulations, and has no significant cost
or administrative impact on contractors
or offerors.
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold (SAT) and for Commercial
Products (Including Commercially
Available Off-the-Shelf (COTS) Items)
or for Commercial Services
This rule does not create any new
solicitation provisions or contract
clauses. It does not change the
applicability of any existing provisions
or clauses included in solicitations or
contracts valued at or below the
simplified acquisition threshold or for
commercial items, including
commercially available off-the-shelf
items.
E:\FR\FM\01DER3.SGM
01DER3
]]>Agencies
[Federal Register Volume 87, Number 230 (Thursday, December 1, 2022)]
[Rules and Regulations]
[Pages 73890-73894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25960]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 4, 13, 18, 22, 25, 27, and 52
[FAC 2023-01; FAR Case 2020-014; Item III; Docket No. FAR-2020-0014;
Sequence No. 1]
RIN 9000-AO14
Federal Acquisition Regulation: United States-Mexico-Canada
Agreement
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 implement the United States-
Mexico-Canada Agreement Implementation Act.
DATES: Effective December 30, 2022.
FOR FURTHER INFORMATION CONTACT: Mr. Michael O. Jackson, Procurement
Analyst, at 202-208-4949 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 2023-01, FAR Case
2020-014.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published a proposed rule at 86 FR 70808 on
December 13, 2021, to implement the United States-Mexico-Canada
Agreement Implementation Act (Pub. L. 116-113). On June 12, 2017, the
President announced his intention to commence negotiations with Canada
and Mexico to modernize the North American Free Trade Agreement
(NAFTA). On November 30, 2018, the Governments of the United States,
Mexico, and Canada (the Parties) signed the protocol replacing NAFTA
with the United States-Mexico-Canada Agreement (USMCA). On December 10,
2019, the Parties signed the protocol of amendment to the USMCA. On
January 29, 2020, the President signed into law the United States-
Mexico-Canada Agreement Implementation Act, through which Congress
approved the USMCA. On July 1, 2020, the USMCA entered into full force.
(See U.S. Trade Representative Determination published June 29, 2020,
85 FR 39037.) Although Canada is still a designated country under the
World Trade Organization Government Procurement Agreement, Canada is no
longer a Free Trade Agreement country, because chapter 13 of the USMCA
(government procurement) applies only to the United States and Mexico.
Therefore, references to Canada as a Free Trade Agreement country are
deleted, including the $25,000 threshold. Mexico thresholds remain
unchanged.
There were no comments submitted on the proposed rule.
II. Discussion and Analysis
There were no public comments for the Civilian Agency Acquisition
Council and the Defense Acquisition Regulations Council (the Councils)
to review. Therefore, there are no changes in the final rule from the
proposed, except for baseline updates. The baseline updates include
changes made in FAC 2022-03, FAR case 2022-001, Trade Agreements
Thresholds, to incorporate the 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, effective on January 1, 2022. The final rule also
includes baseline updates published in FAC 2022-05 for FAR case 2021-
008, effective on October 25, 2022.
[[Page 73891]]
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT) and for Commercial Products (Including Commercially
Available Off-the-Shelf (COTS) Items) or for Commercial Services
This final rule does not create any new provisions or clauses, nor
does it change the applicability of any existing provisions or clauses
included in solicitations and contracts valued at or below the SAT, or
for commercial products (including COTS items) and commercial services.
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.
V. 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.
VI. 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. 601-612. The FRFA is summarized as follows:
The objective of this rule is to implement the USMCA
Implementation Act. The rule makes changes in the FAR to conform to
Chapter 13 of the USMCA, which sets forth certain obligations
between the United States and Mexico with respect to Government
procurement of goods and services, as specified in Annex 13-A of the
USMCA. Chapter 13 of the USMCA applies only between Mexico and the
United States and does not cover Canada. Although Canada is still a
designated country under the World Trade Organization Government
Procurement Agreement, Canada is no longer a Free Trade Agreement
country, because chapter 13 of the USMCA (government procurement)
applies only to the United States and Mexico. Therefore, references
to Canada as a Free Trade Agreement country in the FAR are deleted,
including the $25,000 threshold.
Canadian end products will still receive nondiscriminatory
treatment with respect to the Buy American statute but starting at
$183,000, rather than $25,000. Mexico thresholds remain unchanged.
The legal basis for these changes is Public Law 116-113.
There were no public comments submitted in response to the
initial regulatory flexibility analysis.
DoD, GSA, and NASA do not expect this 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. 601-612,
because, although the rule removes Canada as a Free Trade Agreement
designated country and deletes the associated $25,000 threshold,
Canada remains a World Trade Organization Government Procurement
Agreement designated country, at $183,000. The Mexico thresholds
remain unchanged.
Based on fiscal year 2019 data from the Federal Procurement Data
System, 129,308 small businesses were awarded Government contracts.
Impacts to small businesses are anticipated to be negligible based
on the data analysis approved under Office of Management and Budget
(OMB) Control Number 9000-0024, Buy American, Trade Agreements, and
Duty-Free Entry. Alternate I of the clause, FAR 52.225-3, Buy
American--Free Trade Agreements--Israeli Trade Act, and Alternate I
of the provision, FAR 52.225-4, Buy American--Free Trade
Agreements--Israeli Trade Act Certificate, are deleted. The Trade
Agreements clause at FAR 52.225-5, the Buy American--Construction
Materials under Trade Agreements clause at FAR 52.225-11, and the
FAR 52.225-23 equivalent for the Recovery Act are revised to delete
references to Canada as a Free Trade Agreement country. In regard to
FAR 52.225-23, additional construction awards are not anticipated
using Recovery Act funds.
This final rule does not include any new reporting,
recordkeeping, or other compliance requirements for small
businesses. The rule does not impose additional information
collection requirements to the paperwork burden previously approved
by OMB under the Paperwork Reduction Act (44 U.S.C. 3501-3521),
Control Number 9000-0024, Buy American, Trade Agreements, and Duty-
Free Entry.
There are no known significant alternative approaches to the
final rule.
Interested parties may obtain a copy of the FRFA from the
Regulatory Secretariat Division. The Regulatory Secretariat Division
has submitted a copy of the FRFA to the Chief Counsel for Advocacy of
the Small Business Administration.
VII. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. 3501-3521) does apply.
However, these changes to the FAR do not impose additional information
collection requirements to the paperwork burden previously approved by
the Office of Management and Budget Control Number 9000-0024, Buy
American, Trade Agreements, and Duty-Free Entry.
List of Subjects in 48 CFR Parts 4, 13, 18, 22, 25, 27, 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 4, 13, 18, 22, 25,
27, and 52 as set forth below:
0
1. The authority citation for 48 CFR parts 4, 13, 18, 22, 25, 27, and
52 continues to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C.
chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C.
20113.
PART 4--ADMINISTRATIVE AND INFORMATION MATTERS
4.1202 [Amended]
0
2. Amend section 4.1202 by removing from paragraph (a)(28) the phrase
``Alternates I, II, and III'' and adding ``Alternates II and III'' in
its place.
PART 13--SIMPLIFIED ACQUISITION PROCEDURES
13.302-5 [Amended]
0
3. Amend section 13.302-5, in paragraph (d)(3)(i) by removing the word
``FAR'' twice.
PART 18--EMERGENCY ACQUISITIONS
18.120 [Removed and Reserved]
0
4. Remove and reserve section 18.120.
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
22.1503 [Amended]
0
5. Amend section 22.1503 by--
0
a. Removing paragraph (b)(1);
0
b. Redesignating paragraphs (b)(2) through (4) as paragraphs (b)(1)
through (3); and
0
c. Adding ``Canada,'' in newly redesignated paragraph (b)(3) between
the words ``Bulgaria'' and ``Croatia''.
[[Page 73892]]
22.1505 [Amended]
0
6. Amend section 22.1505 in paragraph (a) by removing ``$25,000'' and
adding ``$50,000'' in its place.
PART 25--FOREIGN ACQUISITION
25.003 [Amended]
0
7. Amend section 25.003 by removing ``Canada,'' from paragraph (2) of
the definition of ``Designated country'' and from the definition of
``Free Trade Agreement country''.
0
8. Amend section 25.400 by revising paragraph (a)(2)(i) to read as
follows:
25.400 Scope of subpart.
(a) * * *
(2) * * *
(i) USMCA (United States-Mexico-Canada Agreement, as approved by
Congress in the United States-Mexico-Canada Agreement Implementation
Act (Government Procurement Agreement applicable only to the United
States and Mexico) (Pub. L. 116-113) (19 U.S.C. chapter 29 (sections
4501-4732));
* * * * *
0
9. Amend section 25.401 by--
0
a. Removing ``and'' from the end of paragraph (a)(4);
0
b. Removing ``13.501(a).'' from paragraph (a)(5) and adding
``13.501(a); and'' in its place;
0
c. Adding paragraph (a)(6); and
0
d. In the table of paragraph (b), revising the heading of the third
column.
The addition and revision read as follows:
25.401 Exceptions.
(a) * * *
(6) Goods and services specifically excluded under individual trade
agreements, such as exceptions negotiated by the U.S. Trade
Representative for particular agencies. See the agency supplementary
regulations.
(b) * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
..................... .......................... Bahrain FTA, CAFTA- .................... ....................
DR, Chile FTA,
Columbia FTA, USMCA,
Oman FTA, Panama
FTA, and Peru FTA.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
0
10. 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
USMCA:......................................................
--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 .............. ..............
----------------------------------------------------------------------------------------------------------------
* * * * *
25.504-1 [Amended]
0
11. Amend section 25.504-1 by removing ``$25,000'' from paragraphs
(a)(2) and (c)(2) and adding ``$50,000'' in its place.
25.1101 [Amended]
0
12. Amend section 25.1101 by--
0
a. Removing ``$25,000'' from paragraphs (a)(1) introductory text and
(b)(1)(i)(A) and adding ``$50,000'' in its place, wherever it appears;
0
b. Removing paragraph (b)(1)(ii);
0
c. Redesignating paragraphs (b)(1)(iii) through (v) as paragraphs
(b)(1)(ii) through (iv);
0
d. Removing from the newly redesignated paragraph (b)(1)(ii) the phrase
``Alternate II'' and adding the phrase ``Alternate II'' in its place;
0
e. Removing paragraph (b)(2)(ii);
0
f. Redesignating paragraphs (b)(2)(iii) and (iv) as paragraphs
(b)(2)(ii) and (iii); and
0
g. Removing from the newly redesignated paragraph (b)(2)(ii) the phrase
``Alternate II'' and adding the phrase ``Alternate II'' in its place.
PART 27--PATENTS, DATA, AND COPYRIGHTS
0
13. Revise section 27.204-1 to read as follows:
[[Page 73893]]
27.204-1 Use of patented technology under the United States-Mexico-
Canada Agreement.
When questions arise with regard to use of patented technology
under the United States-Mexico-Canada Agreement, the contracting
officer should consult with legal counsel. Note that Article 20.6(a) of
the Agreement discusses public health and pharmaceuticals.
0
14. Amend section 27.204-2 by adding a sentence to the end of the
paragraph to read as follows:
27.204-2 Use of patented technology under the General Agreement on
Tariffs and Trade (GATT).
* * * Article 20.40 of the United States-Mexico-Canada Agreement
preserves parties' rights under Article 31.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
15. Amend section 52.204-8 by revising the date of the provision and
paragraph (c)(1)(xxi) to read as follows:
52.204-8 Annual Representations and Certifications.
* * * * *
Annual Representations and Certifications (DEC 2022)
* * * * *
(c)(1) * * *
(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade
Act Certificate. (Basic, Alternates II and III.) This provision
applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $50,000, the basic
provision applies.
(B) If the acquisition value is $50,000 or more but is less than
$92,319, the provision with its Alternate II applies.
(C) If the acquisition value is $92,319 or more but is less than
$100,000, the provision with its Alternate III applies.
* * * * *
0
16. Amend section 52.212-3 by--
0
a. Revising the date of the provision;
0
b. Removing paragraph (g)(2);
0
c. Redesignating paragraphs (g)(3) through (5) as paragraphs (g)(2)
through (4); and
0
d. Revising the newly redesignated paragraph (g)(2).
The revisions read as follows:
52.212-3 Offeror Representations and Certifications--Commercial
Products and Commercial Services.
* * * * *
Offeror Representations and Certifications--Commercial Products and
Commercial Services (DEC 2022)
* * * * *
(g) * * *
(2) Buy American--Free Trade Agreements--Israeli Trade Act
Certificate, Alternate II. If Alternate II to the clause at FAR
52.225-3 is included in this solicitation, substitute the following
paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic
provision:
(g)(1)(ii) The offeror certifies that the following supplies are
Israeli end products as defined in the clause of this solicitation
entitled ``Buy American--Free Trade Agreements--Israeli Trade Act'':
Israeli End Products:
------------------------------------------------------------------------
------------------------------------------------------------------------
Line Item No......................................
------------------------------------------------------------------------
[List as necessary]
* * * * *
0
17. Amend section 52.212-5 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (b)(28) the date ``(JAN 2022)'' and adding
``(DEC 2022)'' in its place;
0
c. Revising paragraphs (b)(49)(i) and (ii);
0
d. Removing from paragraph (b)(49)(iii) the date ``(JAN 2021)'' and
adding ``(DEC 2022)'' in its place; and
0
e. Removing from paragraph (b)(50) the date ``(OCT 2019)'' and adding
``(DEC 2022)'' in its place.
The revisions read as follows:
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 (DEC
2022)
* * * * *
(b) * * *
(49)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli
Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19
U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29
(sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286,
108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-
43.
(ii) Alternate I [Reserved].
* * * * *
0
18. Amend section 52.213-4 by--
0
a. Revising the date of the clause;
0
b. In paragraph (b)(1)(ii)--
0
i. Removing the date ``(JAN 2022)'' and adding ``(DEC 2022)'' in its
place; and
0
ii. Removing the phrase ``FAR'';
0
c. In paragraph (b)(1)(xvii)(A) introductory text removing the phrase
``FAR''; and
0
d. Removing ``$25,000'' from paragraph (b)(1)(xvii)(A)(2) and adding
``$50,000'' 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) (DEC 2022)
* * * * *
0
19. Amend section 52.222-19 by--
0
a. Revising the date of the clause;
0
b. Removing paragraph (a)(1);
0
c. Redesignating paragraphs (a)(2) through (4) as paragraphs (a)(1)
through (3); and
0
d. Adding ``Canada,'' in newly redesignated paragraph (a)(3) between
``Bulgaria,'' and ``Croatia''.
The revision reads as follows:
52.222-19 Child Labor--Cooperation With Authorities and Remedies.
* * * * *
Child Labor--Cooperation With Authorities and Remedies (DEC 2022)
* * * * *
0
20. Amend section 52.225-3 by--
0
a. Revising the date of the clause;
0
b. In paragraph (a), in the definition of ``Free Trade Agreement
country'' removing ``Canada,'';
0
c. Removing and reserving Alternate I;
0
d. Revising Alternate II;
0
e. Removing from the introductory text of Alternate III
``25.1101(b)(1)(iv)'' and adding ``25.1101(b)(1)(iii)'' in its place;
and
0
f. Removing from the introductory text of Alternate IV
``25.1101(b)(1)(v)'' and adding ``25.1101(b)(1)(iv)'' in its place.
The revisions read as follows:
52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act.
* * * * *
Buy American--Free Trade Agreements--Israeli Trade Act (DEC 2022)
* * * * *
Alternate II (DEC 2022). As prescribed in 25.1101(b)(1)(ii),
substitute the following paragraph (c) for paragraph (c) of the
basic clause:
(c) Delivery of end products. 41 U.S.C. chapter 83 provides a
preference for domestic end products for supplies acquired for use
in the United States. In accordance with 41 U.S.C. 1907, the
domestic content test of the Buy American statute is waived for an
end product that is a COTS item (see 12.505(a)(1)), except that for
an end product that consists wholly or predominantly of iron or
steel or a combination of both, the domestic content test is applied
only to the iron and steel content of the end product,
[[Page 73894]]
excluding COTS fasteners. In addition, the Contracting Officer has
determined that the Israeli Trade Act applies to this acquisition.
Unless otherwise specified, this trade agreement applies to all
items in the Schedule. The Contractor shall deliver under this
contract only domestic end products except to the extent that, in
its offer, it specified delivery of foreign end products in the
provision entitled ``Buy American--Free Trade Agreements--Israeli
Trade Act.'' If the Contractor specified in its offer that the
Contractor would supply an Israeli end product, then the Contractor
shall supply an Israeli end product or, at the Contractor's option,
a domestic end product.
* * * * *
0
21. Amend section 52.225-4 by--
0
a. Removing and reserving Alternate I;
0
b. Revising Alternate II; and
0
c. In Alternate III removing from the introductory text
``25.1101(b)(2)(iv)'' and adding ``25.1101(b)(2)(iii)'' in its place.
The revisions read as follows:
52.225-4 Buy American--Free Trade Agreements--Israeli Trade Act
Certificate.
* * * * *
Alternate II (DEC 2022). As prescribed in 25.1101(b)(2)(ii),
substitute the following paragraph (b) for paragraph (b) of the basic
provision:
(b) The offeror certifies that the following supplies are Israeli
end products as defined in the clause of this solicitation entitled
``Buy American--Free Trade Agreements--Israeli Trade Act--Balance of
Payments Program'':
Israeli End Products
------------------------------------------------------------------------
------------------------------------------------------------------------
Line Item No......................................
------------------------------------------------------------------------
[List as necessary]
* * * * *
0
22. Amend section 52.225-5 by--
0
a. Revising the date of the clause; and
0
b. In paragraph (a), in the definition ``Designated country'' removing
``Canada,'' from paragraph (2).
The revision reads as follows:
52.225-5 Trade Agreements.
* * * * *
Trade Agreements (DEC 2022)
* * * * *
0
23. Amend section 52.225-11 by--
0
a. Revising the date of the clause;
0
b. In paragraph (a), in the definition of ``Designated country'',
removing ``Canada,'' from paragraph (2);
0
c. Revising the date of Alternate I; and
0
d. In paragraph (b)(1) of Alternate I:
0
i. Removing the phrase ``FAR''; and
0
ii. Removing the phrase ``NAFTA'' and adding ``United States-Mexico-
Canada Agreement'' in its place.
The revisions read as follows:
52.225-11 Buy American--Construction Materials Under Trade Agreements.
* * * * *
Buy American--Construction Materials Under Trade Agreements (DEC 2022)
* * * * *
Alternate I (DEC 2022). * * *
* * * * *
0
24. Amend section 52.225-23 by--
0
a. Revising the date of the clause; and
0
b. In paragraph (a), in the definitions of ``Designated country'' and
``Recovery Act designated country'', removing ``Canada,'' from
paragraphs (2).
The revisions read 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 (DEC
2022)
* * * * *
[FR Doc. 2022-25960 Filed 11-30-22; 8:45 am]
BILLING CODE 6820-14-P
