[Federal Register Volume 77, Number 42 (Friday, March 2, 2012)]
[Rules and Regulations]
[Pages 12935-12937]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4495]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 22, 25, and 52
[FAC 2005-56; FAR Case 2011-030; Item VI; Docket 2011-0030, Sequence 1]
RIN 9000-AM16
Federal Acquisition Regulation; New Designated Country (Armenia)
and Other Trade Agreements Updates
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the
Federal Acquisition Regulation (FAR) to add Armenia as a designated
country, due to the accession of Armenia to membership in the World
Trade Organization Government Procurement Agreement. The rule also
updates the FAR lists of countries that are party to the Agreement on
Trade in Civil Aircraft.
DATES: Effective Date: March 2, 2012.
FOR FURTHER INFORMATION CONTACT: Ms. Cecelia L. Davis, Procurement
Analyst, at 202-219-0202 for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat at 202-501-4755. Please cite FAC 2005-56, FAR Case 2011-
030.
SUPPLEMENTARY INFORMATION:
I. Background
On September 15, 2011, Armenia became a party to the World Trade
Organization Government Procurement Agreement (WTO GPA). The Trade
Agreements Act (19 U.S.C. 2501 et seq.) provides the authority for the
President to waive the Buy American Act and other discriminatory
provisions for eligible products from countries that have signed an
international trade agreement with the United States (such as the WTO
GPA). The President has delegated this waiver authority to the U.S.
Trade Representative (see FAR 25.402).
On September 22, 2011, because Armenia became a party to the WTO
GPA and because the U.S. Trade Representative has determined that
Armenia will provide appropriate reciprocal competitive Government
procurement opportunities to United States products and services and
suppliers of such products and services, the U.S. Trade Representative
published a notice in the Federal Register (76 FR 58856) waiving the
Buy American Act and other discriminatory provisions for eligible
products from Armenia.
In addition, the Office of the U.S. Trade Representative has
provided an updated list of countries that are party to the Agreement
on Trade in Civil Aircraft. The U.S. Trade Representative has waived
the Buy American Act for civil aircraft and related articles from
countries that are parties to the Agreement on Trade on Civil Aircraft.
II. Discussion and Analysis
FAR 25.003 defines WTO GPA countries by listing the parties to the
WTO GPA, and defines ``designated country'' as a WTO GPA country, a
Free Trade Agreement country, a least designated country, or a
Caribbean Basin country (including the lists of countries in each
category).
Because Armenia is now a WTO GPA country and therefore also a
designated country, as determined by the U.S. Trade Representative,
this final rule adds Armenia to the lists of WTO GPA countries and
designated countries at FAR 22.1503, 25.003, 52.222-19, 52.225-5,
52.225-11, and 52.225-23.
This final rule also updates the FAR lists of countries that are
party to the Agreement on Trade in Civil Aircraft at FAR 25.407 and
52.225-7, Waiver of Buy American Act for Civil Aircraft and Related
Articles.
Conforming changes have also been made to the associated clause
dates for the revised clauses in the lists at FAR 52.212-5, Contract
Terms and Conditions Required to Implement Statutes or Executive
Orders--Commercial Items, and FAR 52.213-4, Terms and Conditions--
Simplified Acquisitions (Other Than Commercial Items).
III. Publication of This Final Rule for Public Comment Is Not Required
by Statute
``Publication of proposed regulations'', 41 U.S.C. 1707, is the
statute which applies to the publication of the Federal Acquisition
Regulation. Paragraph (a)(1) of the statute requires that a procurement
policy, regulation, procedure or form (including an amendment or
modification thereof) must be published for public comment if it
relates to the expenditure of appropriated funds, and has either a
significant effect beyond the internal operating procedures of the
agency issuing the policy, regulation, procedure or form, or has a
significant cost or administrative impact on contractors or offerors.
This final rule is not required to be published for public comment,
because it recognizes actions taken by the United States Trade
Representative that do not have a significant effect on contractors or
offerors.
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 a significant regulatory action and, therefore, was subject to
review under Section 6(b) of E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This rule is not a major rule under 5
U.S.C. 804.
V. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant FAR revision within
the meaning of FAR 1.501-1 and 41 U.S.C. 1707 and does not require
publication for public comment.
VI. Paperwork Reduction Act
Notwithstanding any other provision of law, no person is required
to respond to, nor shall any person be subject to a penalty for failure
to comply with a collection of information subject to the requirements
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) unless
the collection of information displays a currently valid Office of
Management and Budget (OMB) Control Number. The Paperwork
[[Page 12936]]
Reduction Act does apply, because the final rule affects the
certification and information collection requirement in the provision
at FAR 52.225-11, Buy American Act--Construction Materials Under Trade
Agreements, currently approved under OMB clearance 9000-0141, Buy
American Act--Construction. The FAR Council has determined that the
impact on the approved paperwork burden is negligible. Comments
regarding the burden estimates or any other aspect of this collection
of information, including suggestions for reducing the burden, in
response to approved OMB clearance 9000-0141, should be sent, not later
than May 1, 2012 to: FAR Desk Officer, OMB, Room 10102, NEOB,
Washington, DC 20503, and a copy to the General Services
Administration, Regulatory Secretariat Division (MVCB), Attn: Hada
Flowers, 1275 First Street, NE., 7th Floor, Washington, DC 20417.
Requesters may obtain a copy of the supporting statement for the
burden approved under OMB clearance 9000-0141 from the General Services
Administration, Regulatory Secretariat (MVCB), Attn: Hada Flowers, 1275
First Street, NE., 7th Floor, Washington, DC 20417. Please cite OMB
Control Number 9000-0141, Buy American Act--Construction, in all
correspondence.
List of Subjects in 48 CFR Parts 22, 25, and 52
Government procurement.
Dated: February 21, 2012.
Laura Auletta,
Director, Office of Governmentwide Acquisition Policy, Office of
Acquisition Policy, Office of Governmentwide Policy.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 22, 25, and 52 as
set forth below:
0
1. The authority citation for 48 CFR parts 22, 25, and 52 continues to
read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
22.1503 [Amended]
0
2. Amend section 22.1503 by removing from paragraph (b)(4) the word
``Aruba,'' and adding the words ``Armenia, Aruba,'' in its place.
PART 25--FOREIGN ACQUISITION
25.003 [Amended]
0
3. Amend section 25.003 by removing from paragraph (1) of the
definition ``Designated country'', and the definition ``World Trade
Organization Government Procurement Agreement (WTO GPA) country'' the
word ``Aruba,'' and adding the words ``Armenia, Aruba,'' in their
place.
0
4. Revise section 25.407 to read as follows:
25.407 Agreement on Trade in Civil Aircraft.
Under the authority of Section 303 of the Trade Agreements Act, the
U.S. Trade Representative has waived the Buy American Act for civil
aircraft and related articles that meet the substantial transformation
test of the Trade Agreements Act, from countries that are parties to
the Agreement on Trade in Civil Aircraft. Those countries are Albania,
Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark,
Egypt, Estonia, Finland, France, Georgia, Germany, Greece, Hungary,
Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Macao China,
Malta, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia,
Slovenia, Spain, Sweden, Switzerland, Taiwan (Chinese Taipei), and the
United Kingdom.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
5. Amend section 52.212-5 by revising the date of the clause, and
paragraphs (b)(27) and (b)(41) to read as follows:
52.212-5 Contract Terms and Conditions Required To Implement Statutes
or Executive Orders--Commercial Items.
* * * * *
CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS APR 2012
* * * * *
(b) * * *
-- (27) 52.222-19, Child Labor--Cooperation with Authorities and
Remedies APR 2012 (E.O. 13126).
* * * * *
-- (41) 52.225-5, Trade Agreements APR 2012 (19 U.S.C. 2501, et
seq., 19 U.S.C. 3301 note).
* * * * *
0
6. Amend section 52.213-4 by revising the date of the clause and
paragraph (b)(1)(i) to read as follows:
52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than
Commercial Items).
* * * * *
TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL
ITEMS) APR 2012
* * * * *
(b) * * *
(1) * * *
(i) 52.222-19, Child Labor--Cooperation with Authorities and
Remedies APR 2012 (E.O. 13126). (Applies to contracts for supplies
exceeding the micro-purchase threshold.)
* * * * *
0
7. Amend section 52.222-19 by revising the date of the clause to read
as set forth below; and removing from paragraph (a)(4) the word
``Aruba,'' and adding the words ``Armenia, Aruba,'' in its place.
52.222-19 Child Labor--Cooperation With Authorities and Remedies.
* * * * *
CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES APR 2012
* * * * *
0
8. Amend section 52.225-5 by revising the date of the clause to read as
set forth below; and in paragraph (a) removing from paragraph (1) of
the definition ``Designated country'' the word ``Aruba,'' and adding
the words ``Armenia, Aruba,'' in its place.
52.225-5 Trade Agreements.
* * * * *
TRADE AGREEMENTS APR 2012
* * * * *
0
9. Amend section 52.225-7 by revising the date of the provision, and
the second sentence of paragraph (b) to read as follows:
52.225-7 Waiver of Buy American Act for Civil Aircraft and Related
Articles.
* * * * *
WAIVER OF BUY AMERICAN ACT FOR CIVIL AIRCRAFT AND RELATED ARTICLES APR
2012
* * * * *
(b) * * * Those countries are Albania, Austria, Belgium,
Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Egypt, Estonia,
Finland, France, Georgia, Germany, Greece, Hungary, Ireland, Italy,
Japan, Latvia, Lithuania, Luxembourg, Macao China, Malta, the
Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia,
Spain, Sweden, Switzerland, Taiwan (Chinese Taipei), and the United
Kingdom.
* * * * *
0
10. Amend section 52.225-11 by revising the date of the clause to read
as set forth below; and in paragraph (a) removing from paragraph (1) of
the definition ``Designated country'' the
[[Page 12937]]
word ``Aruba,'' and adding the words ``Armenia, Aruba,'' in its place.
52.225-11 Buy American Act--Construction Materials Under Trade
Agreements.
* * * * *
BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS APR
2012
* * * * *
0
11. Amend section 52.225-23 by revising the date of the clause to read
as set forth below; and in paragraph (a) removing from paragraph (1) of
the definition ``Designated country'' and paragraph (1) of the
definition ``Recovery Act designated country'' the word ``(Aruba,'' and
adding the words ``(Armenia, Aruba,'' in its place.
52.225-23 Required Use of American Iron, Steel, and Manufactured
Goods--Buy American Act--Construction Materials Under Trade Agreements.
* * * * *
REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS--BUY
AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS APR 2012
* * * * *
[FR Doc. 2012-4495 Filed 3-1-12; 8:45 am]
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