[Federal Register: February 28, 2008 (Volume 73, Number 40)]
[Rules and Regulations]
[Page 10964-10965]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28fe08-20]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 22, 25 and 52
[FAC 2005-24; FAR Case 2006-028; Item IV; Docket 2008-0001; Sequence 4]
RIN 9000-AK77
Federal Acquisition Regulation; FAR Case 2006-028, New Designated
Countries--Dominican Republic, Bulgaria, and Romania
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed to adopt the
interim rule published in the Federal Register at 72 FR 46357, August
17, 2007, as a final rule without change. This final rule amends the
Federal Acquisition Regulation (FAR) to implement the Dominican
Republic-Central America-United States Free Trade Agreement with
respect to the Dominican Republic.
DATES: Effective Date: February 28, 2008.
FOR FURTHER INFORMATION CONTACT: Ms. Meredith Murphy, Procurement
Analyst, at (202) 208-6925 for clarification of content. For
information pertaining to status or publication schedules, contact the
FAR Secretariat at (202) 501-4755. Please cite FAC 2005-24, FAR case
2006-028.
SUPPLEMENTARY INFORMATION:
A. Background
DoD, GSA, and NASA published an interim rule with request for
comments in the Federal Register at 72 FR 46357, August 17, 2007. The
comment period closed October 16, 2007. No public comments were
received in response to the interim rule.
The interim rule amended FAR part 25 and the corresponding clauses
in FAR 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 (Pub. L. 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.
The Dominican Republic has the same thresholds as the other CAFTA-
DR countries ($67,826 for supply and service contracts, $7,443,000 for
construction contracts).
The interim rule also added Bulgaria and Romania to the list of
World Trade Organization Government Procurement Agreement countries
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 (FAR parts 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 Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final rule will not 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. No comments were
received from small business concerns. Therefore, a Final Regulatory
Flexibility Analysis was not performed.
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 final
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.
[[Page 10965]]
List of Subjects in 48 CFR Parts 22, 25, and 52
Government procurement.
Dated: February 19, 2008.
Al Matera,
Director, Office of Acquisition Policy.
Interim Rule Adopted as Final Without Change
Accordingly, the interim rule amending 48 CFR parts 22, 25, and 52
which was published at 72 FR 46357, August 17, 2007, is adopted as a
final rule without change.
[FR Doc. E8-3386 Filed 2-27-08; 8:45 am]
BILLING CODE 6820-EP-P