Defense Federal Acquisition Regulation Supplement: United States-Mexico-Canada Agreement (DFARS Case 2020-D032), 76984-76988 [2022-26690]
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76984
Federal Register / Vol. 87, No. 241 / Friday, December 16, 2022 / Rules and Regulations
2022 for any products mined, produced,
or manufactured wholly or in part by
forced labor from XUAR or from an
entity that has used labor from within
or transferred from XUAR as part of any
forced labor programs, unless an
exception applies.
225.7022–4
Exceptions.
The prohibition at 225.7022–3 does
not apply to—
(a) Purchases under the micropurchase threshold made using the
Governmentwide commercial purchase
card; or
(b) Purchases using the SF 44 in
accordance with 213.306.
225.7022–5 Solicitation provision and
contract clause.
(a) Use the provision at 252.225–7059,
Prohibition on Certain Procurements
from the Xinjiang Uyghur Autonomous
Region—Certification, in solicitations,
including solicitations using FAR part
12 procedures for the acquisition of
commercial items and COTS items, that
contain the clause at 252.225–7060,
Prohibition on Certain Procurements
from the Xinjiang Uyghur Autonomous
Region.
(b) Use the clause at 252.225–7060,
Prohibition on Certain Procurements
from the Xinjiang Uyghur Autonomous
Region, in solicitations, contracts, and
orders for products utilizing funds
appropriated or otherwise made
available for fiscal year 2022, including
solicitations and contracts using FAR
part 12 procedures for the acquisition of
commercial items and COTS items.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
4. Add sections 252.225–7059 and
252.225–7060 to read as follows:
■
252.225–7059 Prohibition on Certain
Procurements from the Xinjiang Uyghur
Autonomous Region–Certification.
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As prescribed in 225.7022–5(a), use
the following provision:
Prohibition on Certain Procurements From
The Xinjiang Uyghur Autonomous Region—
Certification (DEC 2022)
(a) Definitions. Forced labor, person, and
XUAR, as used in this provision, have the
meaning given in the 252.225–7060,
Prohibition on Certain Procurements from
the Xinjiang Uyghur Autonomous Region,
clause of this solicitation.
(b) Prohibition. DoD may not knowingly
procure any products mined, produced, or
manufactured wholly or in part by forced
labor from XUAR or from an entity that has
used labor from within or transferred from
XUAR as part of any forced labor programs,
as specified in paragraph (b) of the 252.225–
7060, Prohibition on certain procurements
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from the Xinjiang Uyghur Autonomous
Region, clause of this solicitation.
(c) Certification.
(1) The Offeror does [ ] does not [ ]
certify that the Offeror has made a good faith
effort to determine that forced labor from
XUAR was not or will not be used in the
performance of a contract resulting from this
solicitation.
(2) Offerors who do not certify having
made a good faith effort will not be eligible
for award.
(End of provision)
252.225–7060 Prohibition on Certain
Procurements from the Xinjiang Uyghur
Autonomous Region.
As prescribed in 225.7022–5(b), use
the following clause:
Prohibition on Certain Procurements From
The Xinjiang Uyghur Autonomous Region
(DEC 2022)
(a) Definitions. As used in this clause—
Forced Labor means all work or service
which is exacted from any person under the
menace of any penalty for its
nonperformance and for which the worker
does not offer themselves voluntarily.
Person means—
(1) A natural person, corporation,
company, business association, partnership,
society, trust, or any other nongovernmental
entity, organization, or group; or
(2) Any successor, subunit, parent entity,
or subsidiary of, or any entity under common
ownership or control with, any entity
described in paragraph (1) of this definition.
XUAR means the Xinjiang Uyghur
Autonomous Region of the People’s Republic
of China.
(b) Prohibition. The Contractor shall not
provide any products mined, produced, or
manufactured wholly or in part by forced
labor from XUAR or from an entity that has
used labor from within or transferred from
XUAR as part of any forced labor programs
throughout the entire period of performance
of the contract.
(c) Subcontracts. The Contractor shall
insert this clause, including this paragraph
(c), without alteration other than to identify
the appropriate parties, in subcontracts
including subcontracts for commercial items
and commercially available off-the-shelf
items.
(End of clause)
[FR Doc. 2022–26727 Filed 12–15–22; 8:45 am]
BILLING CODE 5001–06–P
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 212, 225, and 252
[Docket DARS–2022–0003]
RIN 0750–AL18
Defense Federal Acquisition
Regulation Supplement: United StatesMexico-Canada Agreement (DFARS
Case 2020–D032)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement the United
States-Mexico-Canada Agreement
Implementation Act.
DATES: Effective December 30, 2022.
FOR FURTHER INFORMATION CONTACT: Ms.
Kimberly Bass, telephone 703–717–
3446.
SUMMARY:
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the
Federal Register at 87 FR 11002 on
February 28, 2022, to implement the
United States-Mexico-Canada
Agreement Implementation Act. A
correction notification was published in
the Federal Register at 87 FR 12923 on
March 8, 2022, to correct the comment
period due date from May 27, 2022, to
April 29, 2022. There were no public
comments received in response to the
proposed rule.
II. Discussion and Analysis
A. Summary of Significant Changes
No changes are made to the final rule
as a result of public comments.
B. Other Changes
The proposed rule reflected
redesignation of the paragraph
numbering structure for several
definitions in paragraph (a) for DFARS
clauses 252.225–7036, Buy American—
Free Trade Agreements—Balance of
Payments Program, and 252.225–7045,
Balance of Payments Program—
Construction Material Under Trade
Agreements. Those paragraph
redesignations are no longer required in
this final rule, since those
redesignations were accomplished with
the publication of the final rule for
DFARS Case 2019–D045, Maximizing
the Use of American-Made Goods,
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Products, and Materials, in the Federal
Register at 87 FR 37440 on June 23,
2022. In addition, minor editorial
changes are made to this rule.
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold (SAT) and for Commercial
Services and Commercial Products,
Including Commercially Available Offthe-Shelf (COTS) Items
This rule amends the contract clauses
at DFARS 252.225–7013, Duty-Free
Entry; DFARS 252.225–7017,
Photovoltaic Devices; DFARS 252.225–
7021, Trade Agreements (Basic and
Alternate II); DFARS 252.225–7036, Buy
American—Free Trade Agreements—
Balance of Payments Program (Basic and
Alternates I (with the prescription), II,
III (with the prescription), IV, and V);
DFARS 252.225–7045, Balance of
Payments Program—Construction
Material Under Trade Agreements
(Basic and Alternates I, II, and III); and
the solicitation provisions at DFARS
252.225–7018, Photovoltaic Devices—
Certificate; DFARS 252.225–7035, Buy
American—Free Trade Agreements—
Balance of Payments Program Certificate
(Basic and Alternate I, II, III (with the
prescription)). This rule does not
impose any new requirements on
contracts at or below the simplified
acquisition threshold, for commercial
products including commercially
available off-the-shelf items, or for
commercial services.
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IV. Expected Impact of the Rule
The rule implements the United
States-Mexico-Canada Agreement
Implementation Act. The United StatesMexico-Canada Agreement (USMCA)
supersedes the North American Free
Trade Agreement (NAFTA). Canada is
still a designated country under the
World Trade Organization Government
Procurement Agreement; however,
Canada is no longer a Free Trade
Agreement country, because chapter 13
(Government Procurement) of the
USMCA applies only to the United
States and Mexico. References to
Canada as a Free Trade Agreement
country in the DFARS 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.
Impacts are anticipated to be negligible,
since Canada remains a World Trade
Organization Government Procurement
Agreement (WTO GPA) designated
country, and a qualifying country, with
a threshold of $183,000. The Mexico
thresholds remain unchanged.
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V. 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.
VI. 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
will submit a copy of the interim or
final rule with the form, Submission of
Federal Rules under the Congressional
Review Act, to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States. A major rule under the
Congressional Review Act cannot take
effect until 60 days after it is published
in the Federal Register. The Office of
Information and Regulatory Affairs has
determined that this rule is not a major
rule as defined by 5 U.S.C. 804.
VII. Regulatory Flexibility Act
A final regulatory flexibility analysis
(FRFA) has been prepared consistent
with the Regulatory Flexibility Act, 5
U.S.C. 601, et seq. The FRFA is
summarized as follows:
This final rule is necessary to revise
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
implement the United States-MexicoCanada Agreement Implementation Act
(Pub. L. 116–113). 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 effect.
The objective of this rule is to
implement the USMCA Implementation
Act. The rule includes changes in the
DFARS to conform to chapter 13 of the
USMCA, which sets forth certain
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76985
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
to Mexico and the United States and
does not cover Canada.
Although Canada is still a designated
country under the WTO GPA, Canada is
no longer a Free Trade Agreement
country, because chapter 13 of the
USMCA applies only to the United
States and Mexico. Therefore, references
to Canada as a Free Trade Agreement
country in the DFARS 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 the
threshold of $25,000. Mexico thresholds
remain unchanged.
The rule removes all references to the
NAFTA, replacing them with the new
USMCA language, including statutory
references. All references to Canadian
end products or Canadian photovoltaic
devices also are removed.
No public comments were received in
response to the initial regulatory
flexibility analysis.
This rule is not expected to have a
significant economic impact on small
entities. Although the rule removes
Canada as a Free Trade Agreement
designated country and deletes the
associated $25,000 threshold, replacing
it with the free trade agreement
minimum threshold of $92,319, Canada
remains a WTO GPA designated
country, and a qualifying country, with
a threshold of $183,000. The Mexico
thresholds remain unchanged.
Contracting officers will be required to
use the revised provisions and clauses
as prescribed that reflect the USMCA
requirements.
Based on fiscal year 2021 data from
the Federal Procurement Data System,
24,808 unique small entities were
awarded DoD contracts. Impacts to
small businesses are anticipated to be
negligible, since Canada remains a WTO
GPA designated country, and a
qualifying country, with a threshold of
$183,000, and the Mexico thresholds
remain unchanged.
This final rule does not include any
new reporting, recordkeeping, or other
compliance requirements for small
businesses. The rule does not impose
any additional information collection
requirements.
There are no known significant
alternative approaches to the rule that
would meet the requirements of the
USMCA Implementation Act.
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Federal Register / Vol. 87, No. 241 / Friday, December 16, 2022 / Rules and Regulations
VIII. Paperwork Reduction Act
The rule affects information collection
requirements in the provisions at
DFARS 252.225–7018, Photovoltaic
Devices—Certificate, and 252.225–7035,
Buy American—Free Trade
Agreements—Balance of Payments
Program Certificate; and the clauses at
DFARS 252.225–7013, Duty-Free Entry,
and 252.225–7021, Alternate II, Trade
Agreements, currently approved under
OMB Control Number 0704–0229 in
accordance with the Paperwork
Reduction Act (44 U.S.C. chapter 35).
The changes to the DFARS do not
impose additional information
collection requirements to the
paperwork burden previously approved
under OMB Control Number 0704–0229,
DFARS Part 225, Foreign Acquisition,
and Related Clauses at 252.225; DD
Form 2139.
List of Subjects in 48 CFR Parts 212,
225, and 252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
Therefore, 48 CFR parts 212, 225, and
252 are amended as follows:
■ 1. The authority citation for 48 CFR
parts 212, 225, and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
*
*
*
*
*
5. Amend section 252.225–7017 by—
a. Revising the date of the clause;
b. In paragraph (a)—
i. Removing the definition of
‘‘Canadian photovoltaic device’’; and
■ ii. In the definitions of ‘‘Designated
country’’, paragraph (2), and ‘‘Free
Trade Agreement country’’ removing
‘‘Canada,’’;
■ c. In paragraph (c)(1), removing
‘‘$25,000’’ and adding ‘‘$92,319’’ in its
place;
■ d. Removing paragraph (c)(2); and
■ e. Redesignating paragraphs (c)(3), (4),
and (5) as paragraphs (c)(2), (3), and (4).
The revision reads as follows:
■
■
■
■
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
252.225–7017
212.301
Photovoltaic Devices (DEC 2022)
*
[Amended]
*
2. Amend section 212.301 in
paragraphs (f)(x)(M) introductory text,
(f)(x)(N) introductory text, (f)(x)(V)
introductory text, and (f)(x)(W)
introductory text by removing ‘‘3301
note’’ and adding ‘‘4501–4732’’.
■
225.1101
[Amended]
3. Amend section 225.1101 in
paragraphs (10)(i) introductory text and
(10)(i)(B) and (D) by removing ‘‘equals
or exceeds $25,000, but’’.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
*
*
*
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*
*
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*
Photovoltaic Devices.
*
*
*
*
[Amended]
6. Amend section 252.225–7018 by—
a. Revising the date of the provision;
b. In paragraph (a), removing
‘‘ ‘‘Canadian photovoltaic device,’’ ’’;
■ c. In paragraph (c), removing
‘‘$25,000’’ and adding ‘‘$92,319’’ in its
place;
■ d. In paragraph (d)(2) introductory
text, removing ‘‘$25,000’’ and adding
‘‘$92,319’’ in its place; and
■ e. Revising paragraph (d)(3).
The revisions read as follows:
252.225–7018
Certificate.
4. Amend section 252.225–7013 by—
a. Revising the date of the clause; and
b. In paragraph (a), revising the
definition of ‘‘Eligible product’’.
The revisions read as follows:
252.225–7013
*
*
■
■
■
■
■
■
■
*
252.225–7018
PART 225—FOREIGN ACQUISITION
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Duty-Free Entry (DEC 2022)
(a) * * *
Eligible product means—
(1) Designated country end product, as
defined in the Trade Agreements (either basic
or alternate) clause of this contract;
(2) Free Trade Agreement country end
product, other than a Bahrainian end
product, a Moroccan end product, a
Panamanian end product, or a Peruvian end
product, as defined in the Buy American—
Free Trade Agreements—Balance of
Payments Program (either basic or alternate
II) clause of this contract; or
(3) Free Trade Agreement country end
product other than a Bahrainian end product,
Korean end product, Moroccan end product,
Panamanian end product, or Peruvian end
product, as defined in the Buy American—
Free Trade Agreements—Balance of
Payments Program (either alternate IV or
alternate V) clause of this contract.
Photovoltaic Devices—
Photovoltaic Devices—Certificate (DEC 2022)
(d) * * *
(3) If less than $92,319—
ll(i) The offeror certifies that each
photovoltaic device to be utilized in
performance of the contract is a domestic
photovoltaic device;
ll(ii) The offeror certifies that each
photovoltaic device to be utilized in
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performance of the contract is a qualifying
country photovoltaic device [Offeror to
specify country of origin
ll]; or
ll(iii) The foreign photovoltaic devices
to be utilized in performance of the contract
are the product ofll. [Offeror to specify
country of origin, if known, and provide
documentation that the cost of a domestic
photovoltaic device would be unreasonable
in comparison to the cost of the proposed
foreign photovoltaic device, i.e. that the price
of the foreign photovoltaic device plus 50
percent is less than the price of a comparable
domestic photovoltaic device.]
*
*
*
*
*
7. Amend section 252.225–7021 by—
a. Revising the section heading and
date of the clause;
■ b. In paragraph (a)—
■ i. In the definition of ‘‘Caribbean
Basin country end product’’
redesignating paragraphs (i)
introductory text, (i)(A) and (B), (ii)
introductory text, and (ii)(A), (B), and
(C) as paragraphs (1) introductory text,
(1)(i) and (ii), (2) introductory text, and
(2)(i), (ii), and (iii), respectively;
■ ii. In the definition of ‘‘Commercially
available off-the-shelf (COTS) item’’,
redesignating paragraphs (i)
introductory text, (i)(A), (B), and (C),
and (ii) as paragraphs (1) introductory
text, (1)(i), (ii), and (iii), and (2),
respectively;
■ iii. In the definition of ‘‘Designated
country’’:
■ A. Redesignating paragraphs (i)
through (iv) as paragraphs (1) through
(4), respectively; and
■ B. In the newly redesignated
paragraph (2), removing ‘‘Canada,’’;
■ iv. In the definitions of ‘‘Free Trade
Agreement country end product’’ and
‘‘Least developed country end product’’,
redesignating paragraphs (i) and (ii) as
paragraphs (1) and (2), respectively;
■ v. In the definition of ‘‘Qualifying
country end product’’, redesignating
paragraphs (i), (ii) introductory text,
(ii)(A) introductory text, (ii)(A)(1), (2),
and (3), and (ii)(B) as paragraphs (1), (2)
introductory text, (2)(i) introductory
text, (2)(i)(A), (B), and (C), and (2)(ii),
respectively; and
■ vi. In the definitions of ‘‘U.S.-made
end product’’ and ‘‘WTO GPA country
end product’’, redesignating paragraphs
(i) and (ii) as paragraphs (1) and (2),
respectively;
■ c. In paragraph (e) introductory text,
removing ‘‘on the internet’’; and
■ d. In Alternate II—
■ i. Revising the date of the clause;
■ ii. In paragraph (a)—
■ A. In the definition of ‘‘Caribbean
Basin country end product’’,
redesignating paragraphs (i)
introductory text, (i)(A) and (B), (ii)
introductory text, and (ii)(A), (B), and
■
■
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(C) as paragraphs (1) introductory text,
(1)(i) and (ii), (2) introductory text, and
(2)(i), (ii), and (iii), respectively;
■ B. In the definition of ‘‘Commercially
available off-the-shelf (COTS) item’’,
redesignating paragraphs (i)
introductory text, (i)(A), (B), and (C),
and (ii) as paragraphs (1) introductory
text, (1)(i), (ii), and (iii), and (2),
respectively;
■ C. In the definition of ‘‘Designated
country’’:
■ 1. Redesignating paragraphs (i)
through (iv) as paragraphs (1) through
(4), respectively; and
■ 2. In the newly redesignated
paragraph (2), removing ‘‘Canada,’’;
■ D. In the definitions of ‘‘Free Trade
Agreement country end product’’ and
‘‘Least developed country end product’’,
redesignating paragraphs (i) and (ii) as
paragraphs (1) and (2), respectively;
■ E. In the definition of ‘‘Qualifying
country end product’’, redesignating
paragraphs (i), (ii) introductory text,
(ii)(A) introductory text, (ii)(A)(1), (2),
and (3), and (ii)(B) as paragraphs (1), (2)
introductory text, (2)(i) introductory
text, (2)(i)(A), (B), and (C), and (2)(ii),
respectively; and
■ F. In the definitions of ‘‘South
Caucasus/Central and South Asian (SC/
CASA) state end product’’, ‘‘U.S.-made
end product’’, and ‘‘WTO GPA country
end product’’, redesignating paragraphs
(i) and (ii) as paragraphs (1) and (2),
respectively; and
■ iii. In paragraph (f) introductory text,
removing ‘‘on the internet’’.
The revisions read as follows:
252.225–7021
*
*
*
Trade Agreements.
*
*
252.225–7035 Buy American-Free Trade
Agreements-Balance of Payments Program
Certificate.
Trade Agreements—Basic (DEC 2022)
*
*
*
*
*
Trade Agreements—Alternate II (DEC 2022)
*
*
*
*
*
8. Amend section 252.225–7035 by—
a. Revising the provision date;
b. In paragraph (b)(1), removing
‘‘Part’’ and adding ‘‘part’’ in its place;
■ c. In paragraph (c)(2)(i) introductory
text, removing ‘‘or Canadian’’;
■ d. In paragraph (c)(2)(iii) introductory
text, removing ‘‘paragraph (ii)’’ and
adding ‘‘paragraph (1)(ii)’’ in its place;
■ e. In Alternate I—
■ i. Revising the introductory text and
the provision date;
■ ii. In paragraph (a)—
■ A. Removing ‘‘Canadian end
product,’’; and
■ B. Removing ‘‘commercially available
off-the-shelf (COTS) item’’ and adding
‘‘Commercially available off-the-shelf
(COTS) item’’ in its place;
■ iii. In paragraph (b)(2), removing ‘‘or
Canadian end products’’; and
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■
■
■
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iv. Revising paragraph (c)(2);
f. In Alternate II—
i. Revising the provision date;
ii. In paragraph (c)(2)(i) introductory
text, removing ‘‘or Canadian’’; and
■ iii. In paragraph (c)(2)(iii)
introductory text, removing ‘‘paragraph
(ii)’’ and adding ‘‘paragraph (1)(ii)’’ in
its place;
■ g. In Alternate III—
■ i. Revising the provision date;
■ ii. In paragraph (a)—
■ A. Removing ‘‘Canadian end
product,’’; and
■ B. Removing ‘‘commercially available
off-the-shelf (COTS) item’’ and adding
‘‘Commercially available off-the-shelf
(COTS) item’’ in its place;
■ iii. In paragraph (b)(2), removing
‘‘products, SC/CASA state end products,
or Canadian end products’’ and adding
‘‘products or SC/CASA state end
products’’ in its place; and
■ iv. In paragraph (c)(2)(i) introductory
text, removing ‘‘(except Canadian)’’;
■ h. In Alternate IV—
■ i. Revising the provision date;
■ ii. In paragraph (c)(2)(i) introductory
text, removing ‘‘or Canadian’’; and
■ iii. In paragraph (c)(2)(iii)
introductory text, removing ‘‘paragraph
(ii)’’ and adding ‘‘paragraph (1)(ii)’’ in
its place; and
■ i. In Alternate V—
■ i. Revising the provision date;
■ ii. In paragraph (c)(2)(i) introductory
text, removing ‘‘or Canadian’’; and
■ iii. In paragraph (c)(2)(iii)
introductory text, removing ‘‘paragraph
(ii)’’ and adding ‘‘paragraph (1)(ii)’’ in
its place.
The revisions read as follows:
■
■
■
■
*
*
*
*
*
Buy American—Free Trade Agreements—
Balance of Payments Program Certificate—
Basic (DEC 2022)
*
*
*
*
*
Alternate I. As prescribed in 225.1101(9)
and (9)(ii), use the following provision,
which does not use the phrases Bahrainian
end product, Free Trade Agreement country,
Free Trade Agreement country end product,
Moroccan end product, Panamanian end
product, and Peruvian end products in
paragraph (a); does not use ‘‘Free Trade
Agreement country end products other than
Bahrainian end products, Moroccan end
products, Panamanian end products, or
Peruvian end products’’ in paragraphs (b)(2)
and (c)(2)(ii); and does not use ‘‘Australian
or’’ in paragraph (c)(2)(i):
Buy American—Free Trade Agreements—
Balance of Payments Program Certificate—
Alternate I (DEC 2022)
*
*
*
*
*
(c) * * *
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76987
(2) The offeror shall identify all end
products that are not domestic end products.
(i) The offeror certifies that the following
supplies are qualifying country end products:
(Line Item Number) (Country of Origin)
(ii) The following supplies are other
foreign end products, including end products
manufactured in the United States that do
not qualify as domestic end products, i.e., an
end product that is not a COTS item and does
not meet the component test in paragraph
(1)(ii) of the definition of ‘‘domestic end
product’’:
(Line Item Number) (Country of Origin (If
known))
*
*
*
*
*
Buy American—Free Trade Agreements—
Balance of Payments Program Certificate—
Alternate II (DEC 2022)
*
*
*
*
*
Buy American—Free Trade Agreements—
Balance of Payments Program Certificate—
Alternate III (DEC 2022)
*
*
*
*
*
Buy American—Free Trade Agreements—
Balance of Payments Program Certificate—
Alternate IV (DEC 2022)
*
*
*
*
*
Buy American—Free Trade Agreements—
Balance of Payments Program Certificate—
Alternate V (DEC 2022)
*
*
*
*
*
9. Amend section 252.225–7036 by—
a. Revising the clause date;
b. In paragraph (a), in the definition of
‘‘Free Trade Agreement country’’,
removing ‘‘Canada,’’;
■ c. In Alternate I—
■ i. Revising the introductory text and
the clause date;
■ ii. In paragraph (a)—
■ A. Removing the definition of
‘‘Canadian end product’’; and
■ B. In the definition of ‘‘Free Trade
Agreement country’’, removing
‘‘Canada,’’; and
■ iii. In paragraph (c), removing ‘‘,
Canadian’’, ‘‘or a Canadian end
product’’, and ‘‘, a Canadian end
product,’’;
■ d. In Alternate II—
■ i. Revising the clause date; and
■ ii. In paragraph (a) definition of ‘‘Free
Trade Agreement country’’, removing
‘‘Canada,’’;
■ e. In Alternate III—
■ i. Revising the introductory text and
the clause date;
■ ii. In paragraph (a)—
■ A. Removing the definition of
‘‘Canadian end product’’; and
■ B. In the definition of ‘‘Free Trade
Agreement country’’, removing
‘‘Canada,’’; and
■ iii. Revising paragraph (c);
■ f. In Alternate IV—
■ i. Revising the clause date; and
■
■
■
E:\FR\FM\16DER1.SGM
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76988
Federal Register / Vol. 87, No. 241 / Friday, December 16, 2022 / Rules and Regulations
ii. In paragraph (a), in the definition
of ‘‘Free Trade Agreement country’’,
removing ‘‘Canada,’’; and
■ g. In Alternate V—
■ i. Revising the clause date; and
■ ii. In paragraph (a), in the definition
of ‘‘Free Trade Agreement country’’,
removing ‘‘Canada,’’.
The revisions read as follows:
■
252.225–7036 Buy American—Free Trade
Agreements—Balance of Payments
Program.
*
*
*
*
*
Buy American—Free Trade Agreements—
Balance of Payments Program—Basic (DEC
2022)
*
*
*
*
*
Alternate I. As prescribed in
225.1101(10)(i) and (10)(i)(B), use the
following clause, which uses a different
paragraph (c) than the basic clause:
Buy American—Free Trade Agreements—
Balance of Payments Program—Alternate I
(DEC 2022)
*
*
*
*
*
Buy American—Free Trade Agreements—
Balance of Payments Program—Alternate II
(DEC 2022)
*
*
*
*
*
Alternate III. As prescribed in
225.1101(10)(i) and (10)(i)(D), use the
following clause, which adds South
Caucasus/Central and South Asian (SC/
CASA) state and South Caucasus/Central
and South Asian (SC/CASA) state end
product to paragraph (a) and uses a different
paragraph (c) than the basic clause:
252.225–7045 Balance of Payments
Program—Construction Material Under
Trade Agreements.
*
*
*
*
*
Buy American—Free Trade Agreements—
Balance of Payments Program—Alternate III
(DEC 2022)
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Balance of Payments Program—Construction
Material Under Trade Agreements—
Alternate I (DEC 2022)
*
*
*
*
*
Balance of Payments Program—Construction
Material Under Trade Agreements—
Alternate II (DEC 2022)
*
*
*
*
*
Balance of Payments Program—Construction
Material Under Trade Agreements—
Alternate III (DEC 2022)
*
*
*
*
*
[FR Doc. 2022–26690 Filed 12–15–22; 8:45 am]
Buy American—Free Trade Agreements—
Balance of Payments Program—Alternate IV
(DEC 2022)
*
*
BILLING CODE 5001–06–P
*
Buy American—Free Trade Agreements—
Balance of Payments Program—Alternate V
(DEC 2022)
*
■
■
*
*
*
*
10. Amend section 252.225–7045 by—
a. Revising the clause date;
VerDate Sep<11>2014
20:07 Dec 15, 2022
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Chapter 2
[Docket DARS–2022–0031]
RIN 0750–AL72
Defense Federal Acquisition
Regulation Supplement:
Reorganization of Defense Acquisition
Statutes (DFARS Case 2022–D018)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement sections of the
National Defense Authorization Act for
Fiscal Year 2021 and sections of the
National Defense Authorization Act for
Fiscal Year 2022 related to the transfer
and reorganization of the defense
acquisition statutes.
DATES: Effective December 30, 2022.
FOR FURTHER INFORMATION CONTACT: Ms.
Kimberly Ziegler, telephone 703–901–
3176.
SUMMARY:
SUPPLEMENTARY INFORMATION:
I. Background
Balance of Payments Program—Construction
Material Under Trade Agreements—Basic
(DEC 2022)
(c) The Contractor shall deliver under this
contract only domestic end products unless,
in its offer, it specified delivery of qualifying
country end products, SC/CASA state end
products, or other foreign end products in the
Buy American—Free Trade Agreements—
Balance of Payments Program Certificate—
Alternate III provision of the solicitation. If
the Contractor certified in its offer that it will
deliver a qualifying country end product or
SC/CASA state end products, the Contractor
shall deliver a qualifying country end
product, an SC/CASA state end product, or,
at the Contractor’s option, a domestic end
product.
lotter on DSK11XQN23PROD with RULES1
b. In paragraph (a), in the definition of
‘‘Designated country’’, paragraph (2),
removing ‘‘Canada,’’;
■ c. In Alternate I—
■ i. Revising the clause date;
■ ii. In paragraph (a), in the definition
of ‘‘Designated country’’, paragraph (2),
removing ‘‘Canada,’’; and
■ iii. In paragraph (b), removing
‘‘NAFTA’’ and adding ‘‘United StatesMexico-Canada Agreement’’ in its place;
■ d. In Alternate II—
■ i. Revising the clause date; and
■ ii. In paragraph (a), in the definition
of ‘‘Designated country’’, paragraph (2),
removing ‘‘Canada,’’; and
■ e. In Alternate III—
■ i. In the introductory text, removing
‘‘(SC/CASA state’’ and adding ‘‘(SC/
CASA) state’’ in its place;
■ ii. Revising the clause date;
■ iii. In paragraph (a), in the definition
of ‘‘Designated country’’, in paragraph
(2), removing ‘‘Canada,’’; and
■ iv. In paragraph (b) removing
‘‘NAFTA’’ and adding ‘‘United StatesMexico-Canada Agreement’’ in its place.
The revisions read as follows:
■
DoD is amending the DFARS to
implement Title XVIII of the National
Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2021 (Pub. L. 116–283),
Transfer and Reorganization of Defense
Acquisition Statutes, which revised
numerous statutory references used
throughout the DFARS. The rule also
implements Title XVII of the NDAA for
FY 2022 (Pub. L. 117–81), Technical
Amendments Related to the Transfer
and Reorganization of Defense
Acquisition Statutes, which provided
technical, conforming, and clerical
amendments related to Title XVIII of the
NDAA for FY 2021. The rule also
provides the new location of notes that
were moved by the Office of the Law
Revision Counsel of the United States
House of Representatives as a result of
the reorganization.
The rule makes several minor
corrections to the DFARS apart from the
changes related to the reorganization.
These corrections include updates to
organizational office names, statutory
titles, the addition of codification
citations for authorization acts, and the
removal of citations for statutes that
have been repealed.
E:\FR\FM\16DER1.SGM
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Agencies
[Federal Register Volume 87, Number 241 (Friday, December 16, 2022)]
[Rules and Regulations]
[Pages 76984-76988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26690]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 212, 225, and 252
[Docket DARS-2022-0003]
RIN 0750-AL18
Defense Federal Acquisition Regulation Supplement: United States-
Mexico-Canada Agreement (DFARS Case 2020-D032)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement the United
States-Mexico-Canada Agreement Implementation Act.
DATES: Effective December 30, 2022.
FOR FURTHER INFORMATION CONTACT: Ms. Kimberly Bass, telephone 703-717-
3446.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the Federal Register at 87 FR
11002 on February 28, 2022, to implement the United States-Mexico-
Canada Agreement Implementation Act. A correction notification was
published in the Federal Register at 87 FR 12923 on March 8, 2022, to
correct the comment period due date from May 27, 2022, to April 29,
2022. There were no public comments received in response to the
proposed rule.
II. Discussion and Analysis
A. Summary of Significant Changes
No changes are made to the final rule as a result of public
comments.
B. Other Changes
The proposed rule reflected redesignation of the paragraph
numbering structure for several definitions in paragraph (a) for DFARS
clauses 252.225-7036, Buy American--Free Trade Agreements--Balance of
Payments Program, and 252.225-7045, Balance of Payments Program--
Construction Material Under Trade Agreements. Those paragraph
redesignations are no longer required in this final rule, since those
redesignations were accomplished with the publication of the final rule
for DFARS Case 2019-D045, Maximizing the Use of American-Made Goods,
[[Page 76985]]
Products, and Materials, in the Federal Register at 87 FR 37440 on June
23, 2022. In addition, minor editorial changes are made to this rule.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT) and for Commercial Services and Commercial Products,
Including Commercially Available Off-the-Shelf (COTS) Items
This rule amends the contract clauses at DFARS 252.225-7013, Duty-
Free Entry; DFARS 252.225-7017, Photovoltaic Devices; DFARS 252.225-
7021, Trade Agreements (Basic and Alternate II); DFARS 252.225-7036,
Buy American--Free Trade Agreements--Balance of Payments Program (Basic
and Alternates I (with the prescription), II, III (with the
prescription), IV, and V); DFARS 252.225-7045, Balance of Payments
Program--Construction Material Under Trade Agreements (Basic and
Alternates I, II, and III); and the solicitation provisions at DFARS
252.225-7018, Photovoltaic Devices--Certificate; DFARS 252.225-7035,
Buy American--Free Trade Agreements--Balance of Payments Program
Certificate (Basic and Alternate I, II, III (with the prescription)).
This rule does not impose any new requirements on contracts at or below
the simplified acquisition threshold, for commercial products including
commercially available off-the-shelf items, or for commercial services.
IV. Expected Impact of the Rule
The rule implements the United States-Mexico-Canada Agreement
Implementation Act. The United States-Mexico-Canada Agreement (USMCA)
supersedes the North American Free Trade Agreement (NAFTA). Canada is
still a designated country under the World Trade Organization
Government Procurement Agreement; however, Canada is no longer a Free
Trade Agreement country, because chapter 13 (Government Procurement) of
the USMCA applies only to the United States and Mexico. References to
Canada as a Free Trade Agreement country in the DFARS 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. Impacts are
anticipated to be negligible, since Canada remains a World Trade
Organization Government Procurement Agreement (WTO GPA) designated
country, and a qualifying country, with a threshold of $183,000. The
Mexico thresholds remain unchanged.
V. 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.
VI. 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 will submit a copy of
the interim or final rule with the form, Submission of Federal Rules
under the Congressional Review Act, to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States. A
major rule under the Congressional Review Act cannot take effect until
60 days after it is published in the Federal Register. The Office of
Information and Regulatory Affairs has determined that this rule is not
a major rule as defined by 5 U.S.C. 804.
VII. Regulatory Flexibility Act
A final regulatory flexibility analysis (FRFA) has been prepared
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.
The FRFA is summarized as follows:
This final rule is necessary to revise the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement the United
States-Mexico-Canada Agreement Implementation Act (Pub. L. 116-113). 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 effect.
The objective of this rule is to implement the USMCA Implementation
Act. The rule includes changes in the DFARS 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 to Mexico and the United States and does not cover
Canada.
Although Canada is still a designated country under the WTO GPA,
Canada is no longer a Free Trade Agreement country, because chapter 13
of the USMCA applies only to the United States and Mexico. Therefore,
references to Canada as a Free Trade Agreement country in the DFARS 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 the threshold of
$25,000. Mexico thresholds remain unchanged.
The rule removes all references to the NAFTA, replacing them with
the new USMCA language, including statutory references. All references
to Canadian end products or Canadian photovoltaic devices also are
removed.
No public comments were received in response to the initial
regulatory flexibility analysis.
This rule is not expected to have a significant economic impact on
small entities. Although the rule removes Canada as a Free Trade
Agreement designated country and deletes the associated $25,000
threshold, replacing it with the free trade agreement minimum threshold
of $92,319, Canada remains a WTO GPA designated country, and a
qualifying country, with a threshold of $183,000. The Mexico thresholds
remain unchanged. Contracting officers will be required to use the
revised provisions and clauses as prescribed that reflect the USMCA
requirements.
Based on fiscal year 2021 data from the Federal Procurement Data
System, 24,808 unique small entities were awarded DoD contracts.
Impacts to small businesses are anticipated to be negligible, since
Canada remains a WTO GPA designated country, and a qualifying country,
with a threshold of $183,000, and the Mexico thresholds remain
unchanged.
This final rule does not include any new reporting, recordkeeping,
or other compliance requirements for small businesses. The rule does
not impose any additional information collection requirements.
There are no known significant alternative approaches to the rule
that would meet the requirements of the USMCA Implementation Act.
[[Page 76986]]
VIII. Paperwork Reduction Act
The rule affects information collection requirements in the
provisions at DFARS 252.225-7018, Photovoltaic Devices--Certificate,
and 252.225-7035, Buy American--Free Trade Agreements--Balance of
Payments Program Certificate; and the clauses at DFARS 252.225-7013,
Duty-Free Entry, and 252.225-7021, Alternate II, Trade Agreements,
currently approved under OMB Control Number 0704-0229 in accordance
with the Paperwork Reduction Act (44 U.S.C. chapter 35). The changes to
the DFARS do not impose additional information collection requirements
to the paperwork burden previously approved under OMB Control Number
0704-0229, DFARS Part 225, Foreign Acquisition, and Related Clauses at
252.225; DD Form 2139.
List of Subjects in 48 CFR Parts 212, 225, and 252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 212, 225, and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 212, 225, and 252 continues
to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
212.301 [Amended]
0
2. Amend section 212.301 in paragraphs (f)(x)(M) introductory text,
(f)(x)(N) introductory text, (f)(x)(V) introductory text, and (f)(x)(W)
introductory text by removing ``3301 note'' and adding ``4501-4732''.
PART 225--FOREIGN ACQUISITION
225.1101 [Amended]
0
3. Amend section 225.1101 in paragraphs (10)(i) introductory text and
(10)(i)(B) and (D) by removing ``equals or exceeds $25,000, but''.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
4. Amend section 252.225-7013 by--
0
a. Revising the date of the clause; and
0
b. In paragraph (a), revising the definition of ``Eligible product''.
The revisions read as follows:
252.225-7013 Duty-Free Entry.
* * * * *
Duty-Free Entry (DEC 2022)
(a) * * *
Eligible product means--
(1) Designated country end product, as defined in the Trade
Agreements (either basic or alternate) clause of this contract;
(2) Free Trade Agreement country end product, other than a
Bahrainian end product, a Moroccan end product, a Panamanian end
product, or a Peruvian end product, as defined in the Buy American--
Free Trade Agreements--Balance of Payments Program (either basic or
alternate II) clause of this contract; or
(3) Free Trade Agreement country end product other than a
Bahrainian end product, Korean end product, Moroccan end product,
Panamanian end product, or Peruvian end product, as defined in the
Buy American--Free Trade Agreements--Balance of Payments Program
(either alternate IV or alternate V) clause of this contract.
* * * * *
0
5. Amend section 252.225-7017 by--
0
a. Revising the date of the clause;
0
b. In paragraph (a)--
0
i. Removing the definition of ``Canadian photovoltaic device''; and
0
ii. In the definitions of ``Designated country'', paragraph (2), and
``Free Trade Agreement country'' removing ``Canada,'';
0
c. In paragraph (c)(1), removing ``$25,000'' and adding ``$92,319'' in
its place;
0
d. Removing paragraph (c)(2); and
0
e. Redesignating paragraphs (c)(3), (4), and (5) as paragraphs (c)(2),
(3), and (4).
The revision reads as follows:
252.225-7017 Photovoltaic Devices.
* * * * *
Photovoltaic Devices (DEC 2022)
* * * * *
252.225-7018 [Amended]
0
6. Amend section 252.225-7018 by--
0
a. Revising the date of the provision;
0
b. In paragraph (a), removing `` ``Canadian photovoltaic device,'' '';
0
c. In paragraph (c), removing ``$25,000'' and adding ``$92,319'' in its
place;
0
d. In paragraph (d)(2) introductory text, removing ``$25,000'' and
adding ``$92,319'' in its place; and
0
e. Revising paragraph (d)(3).
The revisions read as follows:
252.225-7018 Photovoltaic Devices--Certificate.
Photovoltaic Devices--Certificate (DEC 2022)
(d) * * *
(3) If less than $92,319--
__(i) The offeror certifies that each photovoltaic device to be
utilized in performance of the contract is a domestic photovoltaic
device;
__(ii) The offeror certifies that each photovoltaic device to be
utilized in performance of the contract is a qualifying country
photovoltaic device [Offeror to specify country of origin __]; or
__(iii) The foreign photovoltaic devices to be utilized in
performance of the contract are the product of__. [Offeror to
specify country of origin, if known, and provide documentation that
the cost of a domestic photovoltaic device would be unreasonable in
comparison to the cost of the proposed foreign photovoltaic device,
i.e. that the price of the foreign photovoltaic device plus 50
percent is less than the price of a comparable domestic photovoltaic
device.]
* * * * *
0
7. Amend section 252.225-7021 by--
0
a. Revising the section heading and date of the clause;
0
b. In paragraph (a)--
0
i. In the definition of ``Caribbean Basin country end product''
redesignating paragraphs (i) introductory text, (i)(A) and (B), (ii)
introductory text, and (ii)(A), (B), and (C) as paragraphs (1)
introductory text, (1)(i) and (ii), (2) introductory text, and (2)(i),
(ii), and (iii), respectively;
0
ii. In the definition of ``Commercially available off-the-shelf (COTS)
item'', redesignating paragraphs (i) introductory text, (i)(A), (B),
and (C), and (ii) as paragraphs (1) introductory text, (1)(i), (ii),
and (iii), and (2), respectively;
0
iii. In the definition of ``Designated country'':
0
A. Redesignating paragraphs (i) through (iv) as paragraphs (1) through
(4), respectively; and
0
B. In the newly redesignated paragraph (2), removing ``Canada,'';
0
iv. In the definitions of ``Free Trade Agreement country end product''
and ``Least developed country end product'', redesignating paragraphs
(i) and (ii) as paragraphs (1) and (2), respectively;
0
v. In the definition of ``Qualifying country end product'',
redesignating paragraphs (i), (ii) introductory text, (ii)(A)
introductory text, (ii)(A)(1), (2), and (3), and (ii)(B) as paragraphs
(1), (2) introductory text, (2)(i) introductory text, (2)(i)(A), (B),
and (C), and (2)(ii), respectively; and
0
vi. In the definitions of ``U.S.-made end product'' and ``WTO GPA
country end product'', redesignating paragraphs (i) and (ii) as
paragraphs (1) and (2), respectively;
0
c. In paragraph (e) introductory text, removing ``on the internet'';
and
0
d. In Alternate II--
0
i. Revising the date of the clause;
0
ii. In paragraph (a)--
0
A. In the definition of ``Caribbean Basin country end product'',
redesignating paragraphs (i) introductory text, (i)(A) and (B), (ii)
introductory text, and (ii)(A), (B), and
[[Page 76987]]
(C) as paragraphs (1) introductory text, (1)(i) and (ii), (2)
introductory text, and (2)(i), (ii), and (iii), respectively;
0
B. In the definition of ``Commercially available off-the-shelf (COTS)
item'', redesignating paragraphs (i) introductory text, (i)(A), (B),
and (C), and (ii) as paragraphs (1) introductory text, (1)(i), (ii),
and (iii), and (2), respectively;
0
C. In the definition of ``Designated country'':
0
1. Redesignating paragraphs (i) through (iv) as paragraphs (1) through
(4), respectively; and
0
2. In the newly redesignated paragraph (2), removing ``Canada,'';
0
D. In the definitions of ``Free Trade Agreement country end product''
and ``Least developed country end product'', redesignating paragraphs
(i) and (ii) as paragraphs (1) and (2), respectively;
0
E. In the definition of ``Qualifying country end product'',
redesignating paragraphs (i), (ii) introductory text, (ii)(A)
introductory text, (ii)(A)(1), (2), and (3), and (ii)(B) as paragraphs
(1), (2) introductory text, (2)(i) introductory text, (2)(i)(A), (B),
and (C), and (2)(ii), respectively; and
0
F. In the definitions of ``South Caucasus/Central and South Asian (SC/
CASA) state end product'', ``U.S.-made end product'', and ``WTO GPA
country end product'', redesignating paragraphs (i) and (ii) as
paragraphs (1) and (2), respectively; and
0
iii. In paragraph (f) introductory text, removing ``on the internet''.
The revisions read as follows:
252.225-7021 Trade Agreements.
* * * * *
Trade Agreements--Basic (DEC 2022)
* * * * *
Trade Agreements--Alternate II (DEC 2022)
* * * * *
0
8. Amend section 252.225-7035 by--
0
a. Revising the provision date;
0
b. In paragraph (b)(1), removing ``Part'' and adding ``part'' in its
place;
0
c. In paragraph (c)(2)(i) introductory text, removing ``or Canadian'';
0
d. In paragraph (c)(2)(iii) introductory text, removing ``paragraph
(ii)'' and adding ``paragraph (1)(ii)'' in its place;
0
e. In Alternate I--
0
i. Revising the introductory text and the provision date;
0
ii. In paragraph (a)--
0
A. Removing ``Canadian end product,''; and
0
B. Removing ``commercially available off-the-shelf (COTS) item'' and
adding ``Commercially available off-the-shelf (COTS) item'' in its
place;
0
iii. In paragraph (b)(2), removing ``or Canadian end products''; and
0
iv. Revising paragraph (c)(2);
0
f. In Alternate II--
0
i. Revising the provision date;
0
ii. In paragraph (c)(2)(i) introductory text, removing ``or Canadian'';
and
0
iii. In paragraph (c)(2)(iii) introductory text, removing ``paragraph
(ii)'' and adding ``paragraph (1)(ii)'' in its place;
0
g. In Alternate III--
0
i. Revising the provision date;
0
ii. In paragraph (a)--
0
A. Removing ``Canadian end product,''; and
0
B. Removing ``commercially available off-the-shelf (COTS) item'' and
adding ``Commercially available off-the-shelf (COTS) item'' in its
place;
0
iii. In paragraph (b)(2), removing ``products, SC/CASA state end
products, or Canadian end products'' and adding ``products or SC/CASA
state end products'' in its place; and
0
iv. In paragraph (c)(2)(i) introductory text, removing ``(except
Canadian)'';
0
h. In Alternate IV--
0
i. Revising the provision date;
0
ii. In paragraph (c)(2)(i) introductory text, removing ``or Canadian'';
and
0
iii. In paragraph (c)(2)(iii) introductory text, removing ``paragraph
(ii)'' and adding ``paragraph (1)(ii)'' in its place; and
0
i. In Alternate V--
0
i. Revising the provision date;
0
ii. In paragraph (c)(2)(i) introductory text, removing ``or Canadian'';
and
0
iii. In paragraph (c)(2)(iii) introductory text, removing ``paragraph
(ii)'' and adding ``paragraph (1)(ii)'' in its place.
The revisions read as follows:
252.225-7035 Buy American-Free Trade Agreements-Balance of Payments
Program Certificate.
* * * * *
Buy American--Free Trade Agreements--Balance of Payments Program
Certificate--Basic (DEC 2022)
* * * * *
Alternate I. As prescribed in 225.1101(9) and (9)(ii), use the
following provision, which does not use the phrases Bahrainian end
product, Free Trade Agreement country, Free Trade Agreement country
end product, Moroccan end product, Panamanian end product, and
Peruvian end products in paragraph (a); does not use ``Free Trade
Agreement country end products other than Bahrainian end products,
Moroccan end products, Panamanian end products, or Peruvian end
products'' in paragraphs (b)(2) and (c)(2)(ii); and does not use
``Australian or'' in paragraph (c)(2)(i):
Buy American--Free Trade Agreements--Balance of Payments Program
Certificate--Alternate I (DEC 2022)
* * * * *
(c) * * *
(2) The offeror shall identify all end products that are not
domestic end products.
(i) The offeror certifies that the following supplies are
qualifying country end products:
(Line Item Number) (Country of Origin)
(ii) The following supplies are other foreign end products,
including end products manufactured in the United States that do not
qualify as domestic end products, i.e., an end product that is not a
COTS item and does not meet the component test in paragraph (1)(ii)
of the definition of ``domestic end product'':
(Line Item Number) (Country of Origin (If known))
* * * * *
Buy American--Free Trade Agreements--Balance of Payments Program
Certificate--Alternate II (DEC 2022)
* * * * *
Buy American--Free Trade Agreements--Balance of Payments Program
Certificate--Alternate III (DEC 2022)
* * * * *
Buy American--Free Trade Agreements--Balance of Payments Program
Certificate--Alternate IV (DEC 2022)
* * * * *
Buy American--Free Trade Agreements--Balance of Payments Program
Certificate--Alternate V (DEC 2022)
* * * * *
0
9. Amend section 252.225-7036 by--
0
a. Revising the clause date;
0
b. In paragraph (a), in the definition of ``Free Trade Agreement
country'', removing ``Canada,'';
0
c. In Alternate I--
0
i. Revising the introductory text and the clause date;
0
ii. In paragraph (a)--
0
A. Removing the definition of ``Canadian end product''; and
0
B. In the definition of ``Free Trade Agreement country'', removing
``Canada,''; and
0
iii. In paragraph (c), removing ``, Canadian'', ``or a Canadian end
product'', and ``, a Canadian end product,'';
0
d. In Alternate II--
0
i. Revising the clause date; and
0
ii. In paragraph (a) definition of ``Free Trade Agreement country'',
removing ``Canada,'';
0
e. In Alternate III--
0
i. Revising the introductory text and the clause date;
0
ii. In paragraph (a)--
0
A. Removing the definition of ``Canadian end product''; and
0
B. In the definition of ``Free Trade Agreement country'', removing
``Canada,''; and
0
iii. Revising paragraph (c);
0
f. In Alternate IV--
0
i. Revising the clause date; and
[[Page 76988]]
0
ii. In paragraph (a), in the definition of ``Free Trade Agreement
country'', removing ``Canada,''; and
0
g. In Alternate V--
0
i. Revising the clause date; and
0
ii. In paragraph (a), in the definition of ``Free Trade Agreement
country'', removing ``Canada,''.
The revisions read as follows:
252.225-7036 Buy American--Free Trade Agreements--Balance of Payments
Program.
* * * * *
Buy American--Free Trade Agreements--Balance of Payments Program--Basic
(DEC 2022)
* * * * *
Alternate I. As prescribed in 225.1101(10)(i) and (10)(i)(B),
use the following clause, which uses a different paragraph (c) than
the basic clause:
Buy American--Free Trade Agreements--Balance of Payments Program--
Alternate I (DEC 2022)
* * * * *
Buy American--Free Trade Agreements--Balance of Payments Program--
Alternate II (DEC 2022)
* * * * *
Alternate III. As prescribed in 225.1101(10)(i) and (10)(i)(D),
use the following clause, which adds South Caucasus/Central and
South Asian (SC/CASA) state and South Caucasus/Central and South
Asian (SC/CASA) state end product to paragraph (a) and uses a
different paragraph (c) than the basic clause:
Buy American--Free Trade Agreements--Balance of Payments Program--
Alternate III (DEC 2022)
* * * * *
(c) The Contractor shall deliver under this contract only
domestic end products unless, in its offer, it specified delivery of
qualifying country end products, SC/CASA state end products, or
other foreign end products in the Buy American--Free Trade
Agreements--Balance of Payments Program Certificate--Alternate III
provision of the solicitation. If the Contractor certified in its
offer that it will deliver a qualifying country end product or SC/
CASA state end products, the Contractor shall deliver a qualifying
country end product, an SC/CASA state end product, or, at the
Contractor's option, a domestic end product.
* * * * *
Buy American--Free Trade Agreements--Balance of Payments Program--
Alternate IV (DEC 2022)
* * * * *
Buy American--Free Trade Agreements--Balance of Payments Program--
Alternate V (DEC 2022)
* * * * *
0
10. Amend section 252.225-7045 by--
0
a. Revising the clause date;
0
b. In paragraph (a), in the definition of ``Designated country'',
paragraph (2), removing ``Canada,'';
0
c. In Alternate I--
0
i. Revising the clause date;
0
ii. In paragraph (a), in the definition of ``Designated country'',
paragraph (2), removing ``Canada,''; and
0
iii. In paragraph (b), removing ``NAFTA'' and adding ``United States-
Mexico-Canada Agreement'' in its place;
0
d. In Alternate II--
0
i. Revising the clause date; and
0
ii. In paragraph (a), in the definition of ``Designated country'',
paragraph (2), removing ``Canada,''; and
0
e. In Alternate III--
0
i. In the introductory text, removing ``(SC/CASA state'' and adding
``(SC/CASA) state'' in its place;
0
ii. Revising the clause date;
0
iii. In paragraph (a), in the definition of ``Designated country'', in
paragraph (2), removing ``Canada,''; and
0
iv. In paragraph (b) removing ``NAFTA'' and adding ``United States-
Mexico-Canada Agreement'' in its place.
The revisions read as follows:
252.225-7045 Balance of Payments Program--Construction Material Under
Trade Agreements.
* * * * *
Balance of Payments Program--Construction Material Under Trade
Agreements--Basic (DEC 2022)
* * * * *
Balance of Payments Program--Construction Material Under Trade
Agreements--Alternate I (DEC 2022)
* * * * *
Balance of Payments Program--Construction Material Under Trade
Agreements--Alternate II (DEC 2022)
* * * * *
Balance of Payments Program--Construction Material Under Trade
Agreements--Alternate III (DEC 2022)
* * * * *
[FR Doc. 2022-26690 Filed 12-15-22; 8:45 am]
BILLING CODE 5001-06-P