80 FR 81892 - Federal Acquisition Regulation; New Designated Countries-Montenegro and New Zealand
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Federal Register Volume 80, Issue 251 (December 31, 2015)
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Federal Register Volume 80, Issue 251 (December 31, 2015)
| Page Range | 81892-81894 | |
| FR Document | 2015-32429 |
[Federal Register Volume 80, Number 251 (Thursday, December 31, 2015)] [Rules and Regulations] [Pages 81892-81894] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-32429] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 22, 25, and 52 [FAC 2005-86; FAR Case 2015-034; Item III; Docket No. 2015-0034; Sequence No. 1] RIN 9000-AN15 Federal Acquisition Regulation; New Designated Countries-- Montenegro and New Zealand AGENCIES: 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 add Montenegro and New Zealand as new designated countries under the World Trade Organization Government Procurement Agreement (WTO GPA) and update the list of parties to the Agreement on Trade in Civil Aircraft. DATES: Effective: February 1, 2016. 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 Division at 202-501-4755. Please cite FAC 2005-86, FAR Case 2015-034. SUPPLEMENTARY INFORMATION: I. Background On July 15, 2015, Montenegro became a party to the WTO GPA. New Zealand became a party to the WTO GPA on August 12, 2015. 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 authority to the U.S. Trade Representative. Effective July 15, 2015, because Montenegro became a party to the WTO GPA, and because the U.S. Trade Representative has determined that Montenegro will provide appropriate reciprocal competitive Government procurement opportunities to United States products and services, the U.S. Trade Representative published a notice in the Federal Register at 80 FR 39829 on July 10, 2015, waiving the Buy American Act and other discriminatory provisions for eligible products from Montenegro. Effective August 12, 2015, because New Zealand became a party to the WTO GPA, and because the U.S. Trade Representative has determined that New Zealand will provide appropriate reciprocal competitive Government procurement opportunities to United States products and services, the U.S. Trade Representative published a notice in the Federal Register at 80 FR 48386 on August 12, 2015, waiving the Buy American Act and other discriminatory provisions for eligible products from New Zealand. In addition, the Office of the U.S. Trade Representative has also indicated that Montenegro is a 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 in Civil Aircraft. II. Discussion and Analysis Therefore, this rule adds Montenegro and New Zealand to the list of World Trade Organization Government Procurement Agreement countries wherever it appears in the FAR, whether as a separate definition, part of the definition of ``designated country'' or ``Recovery Act designated country,'' or as part of the list of countries exempt from the prohibition of acquisition of products produced by forced or indentured child labor (FAR 22.1503, 25.003, 52.222-19, 52.225-5, 52.225-11, and 52.225-23). This rule also updates FAR 25.407 and 52.225-7 to reflect that Montenegro is already a party to the Agreement on Trade in Civil Aircraft. Conforming changes were required to FAR 52.212-5, Contract Terms and Conditions Required to Implement Statute or Executive Orders-- Commercial Items, and 52.213-4, Terms [[Page 81893]] 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, 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 has no significant cost or administrative impact on contractors or offerors. The rule solely updates the lists of designated countries and countries that are parties to the Agreement on Trade in Civil Aircraft, in order to conform to the determinations by the U.S. Trade Representative. 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. 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 does not require publication for public comment. VI. Paperwork Reduction Act The Paperwork Reduction Act does apply, because the rule affects the response of an offeror that is offering a product of Montenegro to the information collection requirements in the provisions at FAR 52.212-3(g)(5), 52.225-6, and 52.225-11. The offeror is no longer required to list a product from Montenegro or New Zealand under ``other end products'', because Montenegro is now a designated country. These information collection requirements are currently approved under OMB clearances 9000-0136, 9000-0025, and 9000-0141 respectively. The impact, however, is negligible. List of Subjects in 48 CFR Parts 22, 25, and 52 Government procurement. Dated: December 17, 2015. 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 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 51 U.S.C. 20113. PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS 22.1503 [Amended] 0 2. Amend section 22.1503 by adding to paragraph (b)(4), in alphabetical order, ``Montenegro,'' and ``New Zealand,''. PART 25--FOREIGN ACQUISITION 25.003 [Amended] 0 3. Amend section 25.003 by-- 0 a. In the definition ``Designated country''-- 0 i. Removing from paragraph (1) ``Agreement'' and adding ``Agreement (WTO GPA)'' in its place and adding, in alphabetical order, ``Montenegro,'' and ``New Zealand,''; and 0 ii. Removing from paragraph (2) ``Agreement'' and adding ``Agreement (FTA)'' in its place; and 0 b. In the definition ``World Trade Organization Government Procurement Agreement (WTO GPA) country'', adding, in alphabetical order, ``Montenegro,'' and ``New Zealand,''. 25.407 [Amended] 0 4. Amend section 25.407 by adding, in alphabetical order, the word ``Montenegro,''. PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 0 5. Amend section 52.212-5 by revising the date of the clause and paragraphs (b)(26) and (43) 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 (FEB 2016) * * * * * (b) * * * __ (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2016) (E.O. 13126). * * * * * __ (43) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). * * * * * 0 6. Amend section 52.213-4 by adding a period at the end of the section heading and revising the date of the clause and paragraph (b)(1)(ii) 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) (FEB 2016) * * * * * (b) * * * (1) * * * (ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2016) (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 and adding to paragraph (a)(4), in alphabetical order, ``Montenegro,'' and ``New Zealand,'' to read as follows: 52.222-19 Child Labor--Cooperation with Authorities and Remedies. * * * * * Child Labor--Cooperation With Authorities and Remedies (FEB 2016) 0 8. Amend section 52.225-5 by-- 0 a. Revising the date of the clause; and 0 b. In paragraph (a), under the definition of ``Designated country''-- 0 i. In paragraph (1)-- 0 A. Removing ``Agreement'' and adding ``Agreement (WTO GPA)'' in its place; [[Page 81894]] 0 B. Adding, in alphabetical order, ``Montenegro,'' and ``New Zealand,''; and 0 C. Removing ``Taipei))'','' and adding ``Taipei)''),'' in its place; and 0 ii. Removing from paragraph (2) ``Agreement'' and adding ``Agreement (FTA)'' in its place. The revision reads as follows: 52.225-5 Trade Agreements. * * * * * Trade Agreements (FEB 2016) * * * * * 0 9. Amend section 52.225-7 by revising the date of the provision and adding to paragraph (b), in alphabetical order, ``Montenegro,'' to read as follows: 52.225-7 Waiver of Buy American Statute for Civil Aircraft and Related Articles. * * * * * Waiver of Buy American Statute for Civil Aircraft and Related Articles (FEB 2016) * * * * * 0 10. Amend section 52.225-11 by-- 0 a. Revising the date of the clause; and 0 b. In paragraph (a), under the definition of ``Designated country''-- 0 i. In paragraph (1), removing ``Agreement'' and adding ``Agreement (WTO GPA)'' in its place and adding, in alphabetical order ``Montenegro,'' and ``New Zealand,''; and 0 ii. Removing from paragraph (2) ``Agreement'' and adding ``Agreement (FTA)'' in its place. The revision reads as follows: 52.225-11 Buy American--Construction Materials Under Trade Agreements. * * * * * Buy American--Construction Materials Under Trade Agreements (FEB 2016) * * * * * 0 11. Amend section 52.225-23 by-- 0 a. Revising the date of the clause; and 0 b. In paragraph (a)-- 0 i. In the definition of ``Designated country'', adding to paragraph (1), in alphabetical order, ``Montenegro,'' and ``New Zealand,''; and 0 ii. In the definition of ``Recovery Act designated country'', adding in paragraph (1), in alphabetical order, ``Montenegro,'' and ``New Zealand,''. The revision reads 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 (FEB 2016) * * * * * [FR Doc. 2015-32429 Filed 12-30-15; 8:45 am] BILLING CODE 6820-EP-P
![81892 Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Rules and Regulations
described in 8.405–5 and Notice of Set-Aside for, or Sole Source discriminatory provisions for eligible
16.505(b)(2)(i)(F). Award to, Women-Owned Small products from countries that have
Business Concerns Eligible Under the signed an international trade agreement
PART 52—SOLICITATION PROVISIONS Women-Owned Small Business with the United States (such as the
AND CONTRACT CLAUSES Program (Dec 2015) WTO GPA). The President has delegated
this authority to the U.S. Trade
■ 13. Amend section 52.212–5 by * * * * *
(b) * * * Representative.
revising the date of the clause and Effective July 15, 2015, because
paragraphs (b)(23) and (24) to read as (1) Contracts that have been set aside
or reserved for, or awarded on a sole Montenegro became a party to the WTO
follows: GPA, and because the U.S. Trade
source basis to, WOSB concerns eligible
52.212–5 Contract Terms and Conditions under the WOSB Program; Representative has determined that
Required To Implement Statutes or Montenegro will provide appropriate
* * * * * reciprocal competitive Government
Executive Orders—Commercial Items.
[FR Doc. 2015–32428 Filed 12–30–15; 8:45 am]
* * * * * procurement opportunities to United
BILLING CODE 6820–EP–P
States products and services, the U.S.
Contract Terms and Conditions Trade Representative published a notice
Required To Implement Statutes or in the Federal Register at 80 FR 39829
Executive Orders—Commercial Items DEPARTMENT OF DEFENSE on July 10, 2015, waiving the Buy
(Dec 2015) GENERAL SERVICES American Act and other discriminatory
* * * * * ADMINISTRATION provisions for eligible products from
(b)* * * Montenegro.
___(23) 52.219–29, Notice of Set- Effective August 12, 2015, because
NATIONAL AERONAUTICS AND
Aside for, or Sole Source Award to, New Zealand became a party to the
SPACE ADMINISTRATION
Economically Disadvantaged Women- WTO GPA, and because the U.S. Trade
Owned Small Business Concerns (Dec Representative has determined that New
48 CFR Parts 22, 25, and 52
2015) (15 U.S.C. 637(m)). Zealand will provide appropriate
___(24) 52.219–30, Notice of Set- [FAC 2005–86; FAR Case 2015–034; Item reciprocal competitive Government
III; Docket No. 2015–0034; Sequence No. procurement opportunities to United
Aside for, or Sole Source Award to, 1]
Women-Owned Small Business States products and services, the U.S.
Concerns Eligible Under the Women- RIN 9000–AN15 Trade Representative published a notice
Owned Small Business Program (Dec in the Federal Register at 80 FR 48386
2015) (15 U.S.C. 637(m)). Federal Acquisition Regulation; New on August 12, 2015, waiving the Buy
Designated Countries—Montenegro American Act and other discriminatory
* * * * * and New Zealand provisions for eligible products from
■ 14. Amend section 52.219–29 by New Zealand.
AGENCIES: Department of Defense (DoD), In addition, the Office of the U.S.
revising the section heading, the General Services Administration (GSA),
introductory paragraph, the title and Trade Representative has also indicated
and National Aeronautics and Space that Montenegro is a party to the
date of the clause, and paragraph (b)(1) Administration (NASA).
to read as follows: Agreement on Trade in Civil Aircraft.
ACTION: Final rule. The U.S. Trade Representative has
52.219–29 Notice of Set-Aside for, or Sole waived the Buy American Act for civil
Source Award to, Economically SUMMARY: DoD, GSA, and NASA are
issuing a final rule amending the aircraft and related articles from
Disadvantaged Women-Owned Small
Business Concerns. Federal Acquisition Regulation (FAR) to countries that are parties to the
add Montenegro and New Zealand as Agreement on Trade in Civil Aircraft.
As prescribed in 19.1507, insert the
following clause: new designated countries under the II. Discussion and Analysis
World Trade Organization Government Therefore, this rule adds Montenegro
Notice of Set-Aside for, or Sole Source Procurement Agreement (WTO GPA)
Award to, Economically Disadvantaged and New Zealand to the list of World
and update the list of parties to the Trade Organization Government
Women-Owned Small Business Agreement on Trade in Civil Aircraft.
Concerns (Dec 2015) Procurement Agreement countries
DATES: Effective: February 1, 2016. wherever it appears in the FAR, whether
* * * * * FOR FURTHER INFORMATION CONTACT: Ms. as a separate definition, part of the
(b) * * * Cecelia L. Davis, Procurement Analyst, definition of ‘‘designated country’’ or
(1) Contracts that have been set aside at 202–219–0202, for clarification of ‘‘Recovery Act designated country,’’ or
or reserved for, or awarded on a sole content. For information pertaining to as part of the list of countries exempt
source basis to, EDWOSB concerns; status or publication schedules, contact from the prohibition of acquisition of
* * * * * the Regulatory Secretariat Division at products produced by forced or
202–501–4755. Please cite FAC 2005– indentured child labor (FAR 22.1503,
■ 15. Amend section 52.219–30 by
86, FAR Case 2015–034. 25.003, 52.222–19, 52.225–5, 52.225–11,
revising the section heading, the
introductory paragraph, the title and SUPPLEMENTARY INFORMATION: and 52.225–23).
This rule also updates FAR 25.407
date of clause, and paragraph (b)(1) to I. Background and 52.225–7 to reflect that Montenegro
read as follows:
On July 15, 2015, Montenegro became is already a party to the Agreement on
tkelley on DSK3SPTVN1PROD with RULES2
52.219–30 Notice of Set-Aside for, or Sole a party to the WTO GPA. New Zealand Trade in Civil Aircraft.
Source Award to, Women-Owned Small became a party to the WTO GPA on Conforming changes were required to
Business Concerns Eligible Under the August 12, 2015. The Trade Agreements FAR 52.212–5, Contract Terms and
Women-Owned Small Business Program. Act (19 U.S.C. 2501 et seq.) provides the Conditions Required to Implement
As prescribed in 19.1507, insert the authority for the President to waive the Statute or Executive Orders—
following clause: Buy American Act and other Commercial Items, and 52.213–4, Terms
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![Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Rules and Regulations 81893
and Conditions—Simplified product of Montenegro to the PART 52—SOLICITATION PROVISIONS
Acquisitions (Other Than Commercial information collection requirements in AND CONTRACT CLAUSES
Items). the provisions at FAR 52.212–3(g)(5),
52.225–6, and 52.225–11. The offeror is ■ 5. Amend section 52.212–5 by
III. Publication of This Final Rule for revising the date of the clause and
no longer required to list a product from
Public Comment Is Not Required by paragraphs (b)(26) and (43) to read as
Montenegro or New Zealand under
Statute follows:
‘‘other end products’’, because
‘‘Publication of proposed Montenegro is now a designated
regulations’’, 41 U.S.C. 1707, applies to 52.212–5 Contract Terms and Conditions
country. These information collection Required To Implement Statutes or
the publication of the Federal requirements are currently approved Executive Orders—Commercial Items.
Acquisition Regulation. Paragraph (a)(1) under OMB clearances 9000–0136,
of the statute requires that a * * * * *
9000–0025, and 9000–0141 respectively.
procurement policy, regulation, The impact, however, is negligible. Contract Terms and Conditions
procedure or form (including an Required to Implement Statutes or
amendment or modification thereof) List of Subjects in 48 CFR Parts 22, 25, Executive Orders—Commercial Items
must be published for public comment and 52 (FEB 2016)
if it relates to the expenditure of Government procurement. * * * * *
appropriated funds, and has either a (b) * * *
significant effect beyond the internal Dated: December 17, 2015.
ll (26) 52.222–19, Child Labor—
operating procedures of the agency William F. Clark,
Cooperation with Authorities and Remedies
issuing the policy, regulation, procedure Director, Office of Government-wide (FEB 2016) (E.O. 13126).
or form, or has a significant cost or Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy. * * * * *
administrative impact on contractors or ll (43) 52.225–5, Trade Agreements (FEB
offerors. This final rule is not required Therefore, DoD, GSA, and NASA 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301
to be published for public comment, amend 48 CFR parts 22, 25, and 52 as note).
because it has no significant cost or set forth below: * * * * *
administrative impact on contractors or ■ 6. Amend section 52.213–4 by adding
offerors. The rule solely updates the ■ 1. The authority citation for 48 CFR
parts 22, 25, and 52 continues to read a period at the end of the section
lists of designated countries and heading and revising the date of the
countries that are parties to the as follows:
clause and paragraph (b)(1)(ii) to read as
Agreement on Trade in Civil Aircraft, in Authority: 40 U.S.C. 121(c); 10 U.S.C.
follows:
order to conform to the determinations chapter 137; and 51 U.S.C. 20113.
by the U.S. Trade Representative. 52.213–4 Terms and Conditions—
PART 22—APPLICATION OF LABOR Simplified Acquisitions (Other Than
IV. Executive Orders 12866 and 13563 LAWS TO GOVERNMENT Commercial Items).
Executive Orders (E.O.s) 12866 and ACQUISITIONS * * * * *
13563 direct agencies to assess all costs 22.1503 [Amended]
and benefits of available regulatory Terms and Conditions—Simplified
alternatives and, if regulation is ■ 2. Amend section 22.1503 by adding Acquisitions (Other Than Commercial
necessary, to select regulatory to paragraph (b)(4), in alphabetical Items) (FEB 2016)
approaches that maximize net benefits order, ‘‘Montenegro,’’ and ‘‘New * * * * *
(including potential economic, Zealand,’’. (b) * * *
environmental, public health and safety (1) * * *
effects, distributive impacts, and PART 25—FOREIGN ACQUISITION (ii) 52.222–19, Child Labor—Cooperation
equity). E.O. 13563 emphasizes the with Authorities and Remedies (FEB 2016)
25.003 [Amended] (E.O. 13126). (Applies to contracts for
importance of quantifying both costs
supplies exceeding the micro-purchase
and benefits, of reducing costs, of ■ 3. Amend section 25.003 by— threshold).
harmonizing rules, and of promoting ■ a. In the definition ‘‘Designated
flexibility. This is not a significant * * * * *
country’’—
regulatory action and, therefore, was not ■ 7. Amend section 52.222–19 by
subject to review under section 6(b) of ■ i. Removing from paragraph (1)
revising the date of the clause and
E.O. 12866, Regulatory Planning and ‘‘Agreement’’ and adding ‘‘Agreement adding to paragraph (a)(4), in
Review, dated September 30, 1993. This (WTO GPA)’’ in its place and adding, in alphabetical order, ‘‘Montenegro,’’ and
rule is not a major rule under 5 U.S.C. alphabetical order, ‘‘Montenegro,’’ and ‘‘New Zealand,’’ to read as follows:
804. ‘‘New Zealand,’’; and
■ ii. Removing from paragraph (2) 52.222–19 Child Labor—Cooperation with
V. Regulatory Flexibility Act Authorities and Remedies.
‘‘Agreement’’ and adding ‘‘Agreement
The Regulatory Flexibility Act does (FTA)’’ in its place; and * * * * *
not apply to this rule because this final
■ b. In the definition ‘‘World Trade Child Labor—Cooperation With
rule does not constitute a significant
Organization Government Procurement Authorities and Remedies (FEB 2016)
FAR revision within the meaning of
Agreement (WTO GPA) country’’,
FAR 1.501–1 and 41 U.S.C. 1707 does ■ 8. Amend section 52.225–5 by—
adding, in alphabetical order,
tkelley on DSK3SPTVN1PROD with RULES2
not require publication for public ■ a. Revising the date of the clause; and
‘‘Montenegro,’’ and ‘‘New Zealand,’’. b. In paragraph (a), under the
comment. ■
25.407 [Amended] definition of ‘‘Designated country’’—
VI. Paperwork Reduction Act ■ i. In paragraph (1)—
The Paperwork Reduction Act does ■ 4. Amend section 25.407 by adding, in ■ A. Removing ‘‘Agreement’’ and
apply, because the rule affects the alphabetical order, the word adding ‘‘Agreement (WTO GPA)’’ in its
response of an offeror that is offering a ‘‘Montenegro,’’. place;
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■ B. Adding, in alphabetical order, ■ 11. Amend section 52.225–23 by— and National Aeronautics and Space
‘‘Montenegro,’’ and ‘‘New Zealand,’’; ■ a. Revising the date of the clause; and Administration (NASA).
and ■ b. In paragraph (a)—
■ C. Removing ‘‘Taipei))’’,’’ and adding ■ i. In the definition of ‘‘Designated ACTION: Final rule.
‘‘Taipei)’’),’’ in its place; and country’’, adding to paragraph (1), in
■ ii. Removing from paragraph (2) alphabetical order, ‘‘Montenegro,’’ and SUMMARY: DoD, GSA, and NASA are
‘‘Agreement’’ and adding ‘‘Agreement ‘‘New Zealand,’’; and issuing a final rule amending the
(FTA)’’ in its place. ■ ii. In the definition of ‘‘Recovery Act Federal Acquisition Regulation (FAR) to
The revision reads as follows: designated country’’, adding in incorporate revised thresholds for
52.225–5 Trade Agreements. paragraph (1), in alphabetical order, application of the World Trade
‘‘Montenegro,’’ and ‘‘New Zealand,’’. Organization (WTO) Government
* * * * *
The revision reads as follows: Procurement Agreement (GPA) and the
Trade Agreements (FEB 2016) Free Trade Agreements (FTAs), as
52.225–23 Required Use of American Iron,
* * * * * determined by the United States Trade
Steel, and Manufactured Goods—Buy
American Statute—Construction Materials Representative.
■ 9. Amend section 52.225–7 by Under Trade Agreements.
revising the date of the provision and DATES: Effective: January 1, 2016.
adding to paragraph (b), in alphabetical * * * * *
FOR FURTHER INFORMATION CONTACT: Ms.
order, ‘‘Montenegro,’’ to read as follows: Required Use of American Iron, Steel, Cecelia L. Davis, Procurement Analyst,
52.225–7 Waiver of Buy American Statute and Manufactured Goods—Buy at 202–219–0202, for clarification of
for Civil Aircraft and Related Articles. American Statute—Construction content. For information pertaining to
Materials Under Trade Agreements status or publication schedules, contact
* * * * *
(FEB 2016) the Regulatory Secretariat Division at
Waiver of Buy American Statute for 202–501–4755. Please cite FAC 2005–
* * * * *
Civil Aircraft and Related Articles (FEB [FR Doc. 2015–32429 Filed 12–30–15; 8:45 am] 86, FAR case 2016–001.
2016)
BILLING CODE 6820–EP–P
SUPPLEMENTARY INFORMATION:
* * * * *
■ 10. Amend section 52.225–11 by— I. Background
DEPARTMENT OF DEFENSE
■ a. Revising the date of the clause; and Approximately every two years, the
■ b. In paragraph (a), under the GENERAL SERVICES
definition of ‘‘Designated country’’— trade agreements thresholds are
ADMINISTRATION adjusted according to a pre-determined
■ i. In paragraph (1), removing
‘‘Agreement’’ and adding ‘‘Agreement formula under the agreements. These
NATIONAL AERONAUTICS AND thresholds become effective on January
(WTO GPA)’’ in its place and adding, in SPACE ADMINISTRATION
alphabetical order ‘‘Montenegro,’’ and 1, 2016. The United States Trade
‘‘New Zealand,’’; and Representative published new
48 CFR Parts 22, 25, and 52 procurement thresholds in the Federal
■ ii. Removing from paragraph (2)
‘‘Agreement’’ and adding ‘‘Agreement [FAC 2005–86; FAR Case 2016–001; Item Register at 80 FR 77694, on December
(FTA)’’ in its place. No. IV; Docket No. 2016–0001, Sequence 15, 2015. The United States Trade
The revision reads as follows: No. 1] Representative has specified the
52.225–11 Buy American—Construction following new thresholds:
Materials Under Trade Agreements. RIN 9000–AN16
* * * * * Federal Acquisition Regulation; Trade
Buy American—Construction Materials Agreements Thresholds
Under Trade Agreements (FEB 2016) AGENCY: Department of Defense (DoD),
* * * * * General Services Administration (GSA),
Supply contract Service contract Construction contract
Trade agreement (equal to or exceeding) (equal to or exceeding) (equal to or exceeding)
WTO GPA .................................................................................... $191,000 $191,000 $7,358,000
FTAs:
Australia FTA ........................................................................ 77,533 77,533 7,358,000
Bahrain FTA ......................................................................... 191,000 191,000 10,079,365
CAFTA–DR (Costa Rica, Dominican Republic, El Salvador,
Guatemala, Honduras, and Nicaragua) ............................ 77,533 77,533 7,358,000
Chile FTA .............................................................................. 77,533 77,533 7,358,000
Colombia FTA ....................................................................... 77,533 77,533 7,358,000
Korea FTA ............................................................................ 100,000 100,000 7,358,000
Morocco FTA ........................................................................ 191,000 191,000 7,358,000
NAFTA:
—Canada .............................................................................. 25,000 77,533 10,079,365
tkelley on DSK3SPTVN1PROD with RULES2
—Mexico ............................................................................... 77,533 77,533 10,079,365
Oman FTA ............................................................................ 191,000 191,000 10,079,365
Panama FTA ........................................................................ 191,000 191,000 7,358,000
Peru FTA .............................................................................. 191,000 191,000 7,358,000
Singapore FTA ..................................................................... 77,533 77,533 7,358,000
Israeli Trade Act .......................................................................... 50,000 ........................................ ........................................
VerDate Sep<11>2014 17:22 Dec 30, 2015 Jkt 238001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\31DER2.SGM 31DER2](https://thefederalregister.org/doc/80_FR_82143/page/3.svg)
Document Created: 2015-12-31 02:15:00
Document Modified: 2015-12-31 02:15:00
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective: February 1, 2016. | |
| 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 Division at 202-501-4755. Please cite FAC 2005-86, FAR Case 2015-034. | |
| FR Citation | 80 FR 81892 | |
| RIN Number | 9000-AN15 | |
| CFR Citation | 48
CFR
22 48 CFR 25 48 CFR 52 |
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