[Federal Register: August 17, 2007 (Volume 72, Number 159)]
[Rules and Regulations]
[Page 46357-46359]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17au07-26]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 22, 25, and 52
[FAC 2005-19; FAR Case 2006-028; Item VIII; Docket 2007-0001, Sequence
01]
RIN 9000-AK77
Federal Acquisition Regulation; FAR Case 2006-028, New Designated
Countries--Bulgaria, Dominican Republic, and Romania
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim rule with request for comments.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on an interim
rule amending the Federal Acquisition Regulation (FAR) to implement the
Dominican Republic--Central America--United States Free Trade Agreement
with respect to the Dominican Republic. The rule also adds Bulgaria and
Romania to the list of World Trade Organization Government Procurement
Agreement countries.
DATES: Effective Date: August 17, 2007.
Comment Date: Interested parties should submit written comments to
the FAR Secretariat on or before October 16, 2007 to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments identified by FAC 2005-19, FAR case 2006-
028, by any of the following methods:
Federal eRulemaking Portal: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov.
Search for any document by first selecting the proper document types
and selecting ``Federal Acquisition Regulation'' as the agency of
choice. At the ``Keyword'' prompt, type in the FAR case number (for
example, FAR case 2006-028) and click on the ``Submit'' button. Please
include your name and company name (if any) inside the document.
You may also search for any document by clicking on the ``Advanced
search/document search'' tab at the top of the screen, selecting from
the agency field ``Federal Acquisition Regulation'', and typing the FAR
case number in the keyword field. Select the ``Submit'' button.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN: Laurieann
Duarte, Washington, DC 20405.
Instructions: Please submit comments only and cite FAC 2005-19, FAR
case 2006-028, in all correspondence related to this case. All comments
received will be posted without change to http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov,
including any personal and/or business confidential information
provided.
FOR FURTHER INFORMATION CONTACT: Ms. Meredith Murphy, Procurement
Analyst, at (202) 208-6925 for clarification of content. Please cite
FAC 2005-19, FAR case 2006-028. For information pertaining to status or
publication schedules, contact the FAR Secretariat at (202) 501-4755.
SUPPLEMENTARY INFORMATION:
A. Background
This rule amends FAR Part 25 and the corresponding clauses in Part
52 to implement the Dominican Republic--Central America--United States
Free Trade Agreement (CAFTA-DR) with respect to the Dominican Republic.
Congress approved this trade agreement in the Dominican Republic--
Central America--United States Free Trade Agreement Implementation Act
(Public Law 109-53). This trade agreement waives the applicability of
the Buy American Act for some foreign supplies and construction
materials from the Dominican Republic and specifies procurement
procedures designed to ensure fairness in the acquisition of supplies
and services.
This interim rule adds the Dominican Republic to the definition of
``Free Trade Agreement country.'' The rule also deletes the Dominican
Republic from the definition of ``Caribbean Basin country'' because, in
accordance with Section 201(a)(3) of Pub. L. 109-53, when the CAFTA-DR
agreement enters into force with respect to a country, that country is
no longer designated as a beneficiary country for purposes of the
Caribbean Basin Economic Recovery Act.
The Councils changed the heading for excluded service on line 6 of
the table at 25.401(b) to read ``Transportation, travel, and relocation
services. . .'' as being reflective of the wording of the majority of
the Free Trade Agreements, including the CAFTA-DR.
The Dominican Republic has the same thresholds as the other CAFTA-
DR countries ($64,786 for supply and service contracts, $7,407,000 for
construction contracts).
This rule also adds Bulgaria and Romania to the list of World Trade
Organization Government Procurement Agreement countries in wherever it
appears, whether as a separate definition, part of the definition of
designated countries, or as part of the list of countries exempt from
the prohibition of acquisition of products produced by forced or
indentured child labor (22.1503, 25.003, 52.222-19, 52.225-5, and
52.225-11).
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The interim rule is not expected 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, et seq. Although the rule
opens up Government procurement to the goods and services of Bulgaria,
the Dominican Republic, and Romania, the Councils do not anticipate any
significant economic impact on U.S. small businesses. The Department of
Defense only applies the trade agreements to the non-defense items
listed at DFARS 225.401-70, and acquisitions that are set aside for
small businesses are exempt. Therefore, an Initial Regulatory
Flexibility Analysis has not been performed. The Councils will consider
comments from small entities concerning the affected FAR Parts 22, 25,
and 52 in accordance with 5 U.S.C. 610. Interested parties must submit
such comments separately and should cite 5 U.S.C 601, et seq. (FAC
2005-19, FAR case 2006-028), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does apply; however, these changes to
the FAR do not impose additional information collection requirements to
the paperwork burden previously approved under OMB Control Numbers
9000-0025, 9000-0130, 9000-0136, and 9000-0141 respectively. The
interim rule affects the certification and information collection
requirements in the provisions at FAR 52.212-3, 52.225-4, 52.225-6, and
52.225-11.
D. Determination to Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense
[[Page 46358]]
(DoD), the Administrator of General Services (GSA), and the
Administrator of the National Aeronautics and Space Administration
(NASA) that urgent and compelling reasons exist to promulgate this
interim rule without prior opportunity for public comment. This action
is necessary because the CAFTA-DR took effect with respect to the
Dominican Republic on March 1, 2007. Bulgaria and Romania became
parties to the WTO GPA on January 1, 2007.
However, pursuant to Public Law 98-577 and FAR 1.501, the Councils
will consider public comments received in response to this interim rule
in the formation of the final rule.
List of Subjects in 48 CFR Parts 22, 25, and 52
Government procurement.
Dated: July 30, 2007.
Al Matera,
Acting Director, Contract Policy Division.
0
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 in paragraph (b)(4) by adding ``Bulgaria,''
and ``Romania,'' in alphabetical order.
PART 25--FOREIGN ACQUISITION
25.003 [Amended]
0
3. Amend section 25.003 by--
0
a. Removing from the definition ``Caribbean Basin country'',
``Dominican Republic,'';
0
b. Amending the definition ``Designated country'' by--
0
1. Adding to paragraph (1) ``Bulgaria,'' and ``Romania,'' in
alphabetical order;
0
2. Adding to paragraph (2) ``Dominican Republic,'' in alphabetical
order; and
0
3. Removing from paragraph (4) ``Dominican Republic,'';
0
c. Amending the definition ``Free Trade Agreement country'', by adding
``Dominican Republic,'' in alphabetical order; and
0
d. Amending the definition ``World Trade Organization Government
Procurement Agreement (WTO GPA) country'', by adding ``Bulgaria,'' and
``Romania,'' in alphabetical order.
25.402 [Amended]
0
4. Amend section 25.402(b), in the table, by adding after ``El
Salvador,'' the entry ``Dominican Republic,''.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
5. Amend section 52.212-3 by revising the date of the clause and the
last sentence of paragraph (g)(1)(i) to read as follows:
52.212-3 Offeror Representations and Certifications--Commercial
Items.
* * * * *
OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS
``(AUG 2007)''
* * * * *
(g)(1) * * *
(i) * * * The terms ``Bahrainian or Moroccan end product,''
``component,'' ``domestic end product,'' ``end product,'' ``foreign
end product,'' ``Free Trade Agreement country,'' ``Free Trade
Agreement country end product,'' ``Israeli end product,'' and
``United States'' are defined in the clause of this solicitation
entitled ``Buy American Act--Free Trade Agreements--Israeli Trade
Act.''
* * * * *
52.212-5 [Amended]
0
6. Amend section 52.212-5 by--
0
a. Revising the date of clause to read ``(AUG 2007)'';
0
b. Removing from paragraph (b)(17) ``(JAN 2006)'' and adding ``(AUG
2007)'' in its place; and
0
c. Removing from paragraphs (b)(27)(i) and (b)(28) ``(NOV 2006)'' and
adding ``(AUG 2007)'' in its place.
52.222-19 [Amended]
0
7. Amend section 52.222-19 by revising the date of clause to read
``(AUG 2007)''; and in paragraph (a)(4) by adding ``Bulgaria,'' and
``Romania,'' in alphabetical order.
0
8. Amend section 52.225-3 by--
0
a. Revising the date of clause;
0
b. Revising the introductory text of the definition ``Bahrainian end
product'', and adding to paragraphs (1) and (2) ``or Morocco'' after
Bahrain;
0
c. Amending the definition ``Free Trade Agreement country'' by adding
``Dominican Republic,'' in alphabetical order;
0
d. Removing the definition ``Moroccan end product''; and
0
e. Removing from paragraph (c) ``Morocco FTA'' and adding ``Morocco
FTAs'' in its place.
The revised text reads as follows:
52.225-3 Buy American Act--Free Trade Agreements--Israeli Trade Act.
* * * * *
BUY AMERICAN ACT--FREE TRADE AGREEMENTS--ISRAELI TRADE ACT
``(AUG 2007)''
* * * * *
Bahrainian or Moroccan end product means an article that--
* * * * *
52.225-4 [Amended]
0
9. Amend section 52.225-4 by revising the date of clause to read ``(AUG
2007)''; and adding to paragraph (a) ``or Moroccan'' after
``Bahrainian'' and by removing the term ``Moroccan end product,''.
52.225-5 [Amended]
0
10. Amend section 52.225-5 by--
0
a. Revising the date of clause to read ``(AUG 2007)''; and
0
b. Amending, in paragraph (a), the definition ``Designated country''
by--
0
1. Adding to paragraph (1) ``Bulgaria,'' and ``Romania,'' in
alphabetical order;
0
2. Adding to paragraph (2) ``Dominican Republic,'' in alphabetical
order; and
0
3. Removing from paragraph (4) ``Dominican Republic,''.
0
11. Amend section 52.225-11 by--
0
a. Revising the date of clause;
0
b. Amending the definition ``Designated country'' by--
0
1. Adding to paragraph (1) ``Bulgaria,'' and ``Romania,'' in
alphabetical order;
0
2. Adding to paragraph (2) ``Dominican Republic,'' in alphabetical
order; and
0
3. Removing from paragraph (4) ``Dominican Republic,``; and
0
c. In Alternate I by revising the introductory text and the definition
``Bahrainian construction material''; and by removing the definition
``Mexican construction material''.
The revised text reads as follows:
52.225-11 Buy American Act--Construction Materials under Trade
Agreements.
* * * * *
BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS
``(AUG 2007)''
* * * * *
Alternate I ``(AUG 2007)''. As prescribed in 25.1102(c)(3), add
the following definition of ``Bahrainian or Mexican construction
material'' to paragraph (a) of the basic clause, and substitute the
following paragraphs (b)(1) and (b)(2) for paragraphs (b)(1) and
(b)(2) of the basic clause:
Bahrainian or Mexican construction material means a construction
material that--
(1) Is wholly the growth, product, or manufacture of Bahrain or
Mexico; or
(2) In the case of a construction material that consists in
whole or in part of materials from another country, has been
substantially transformed in Bahrain or Mexico into a new and
different construction material distinct
[[Page 46359]]
from the materials from which it was transformed.
* * * * *
0
12. Amend section 52.225-12 by revising the introductory text of
Alternate II to read as follows:
52.225-12 Notice of Buy American Act Requirement--Construction
Materials under Trade Agreements.
* * * * *
Alternate II ``(AUG 2007)''. As prescribed in 25.1102(d)(3), add
the definition of ``Bahrainian or Mexican construction material'' to
paragraph (a) and substitute the following paragraph (d) for
paragraph (d) of the basic provision:
* * * * *
[FR Doc. 07-3799 Filed 8-16-07; 8:45 am]
BILLING CODE 6820-EP-S