81 FR 67774 - Federal Acquisition Regulation; New Designated Countries-Ukraine and Moldova
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Federal Register Volume 81, Issue 190 (September 30, 2016)
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Federal Register Volume 81, Issue 190 (September 30, 2016)
| Page Range | 67774-67776 | |
| FR Document | 2016-23202 |
[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)] [Rules and Regulations] [Pages 67774-67776] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-23202] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 22, 25, and 52 [FAC 2005-91; FAR Case 2016-009; Item VIII; Docket No. 2016-0009, Sequence No. 1] RIN 9000-AN25 Federal Acquisition Regulation; New Designated Countries--Ukraine and Moldova AGENCY: 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 Ukraine and Moldova as new designated countries under the World Trade Organization Government Procurement Agreement (WTO GPA). DATES: Effective: October 31, 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 2005-91, FAR Case 2016-009. SUPPLEMENTARY INFORMATION: I. Background Ukraine and Moldova recently became parties to the WTO GPA on May 18, 2016, and July 14, 2016, respectively. The Trade Agreements Act (19 U.S.C. 2501 et seq.) provides the authority for the President to waive the Buy American statute 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. The U.S. Trade Representative has determined that Ukraine and Moldova will provide appropriate reciprocal competitive Government procurement opportunities to United States products and services. The U.S. Trade Representative published notices in the Federal Register waiving the Buy American statute and other discriminatory provisions for eligible products from Ukraine at 81 FR 31292 on May 18, 2016, and Moldova at 81 FR 50045 on July 29, 2016. II. Discussion and Analysis Therefore, this rule adds Ukraine and Moldova to the list of WTO GPA 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). Conforming changes are made to FAR 52.212-5, Contract Terms and Conditions Required to Implement Statute or Executive Orders-- Commercial Items, and 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 that 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, [[Page 67775]] 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. It is just updating the lists of designated countries, 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 and 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 Ukraine or Moldova to the information collection requirements in the provisions at FAR 52.212-3(g)(5), 52.225-6, and 52.225-11. The offeror no longer needs to list a product from Ukraine or Moldova under ``other end products,'' because Ukraine and Moldova are now designated countries. These information collection requirements are currently approved under OMB Control Numbers 9000-0025, titled: Trade Agreements Certificate; 9000-0136, titled: Commercial Item Acquisitions; and 9000-0141, Buy American--Construction, respectively. The impact, however, is negligible. List of Subjects in 48 CFR Parts 22, 25, and 52 Government procurement. Dated: September 19, 2016. 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 removing from paragraph (b)(4) ``Malta,'' and ``Taiwan,'' and adding ``Malta, Moldova,'' and ``Taiwan, Ukraine,'' in their places, respectively. PART 25--FOREIGN ACQUISITION 25.003 [Amended] 0 3. Amend section 25.003 by-- 0 a. Removing from the definition ``Designated country'', paragraph (1), the words ``Malta,'' and ``Matsu'' (Chinese Taipei))'' and adding ``Malta, Moldova,'' and ``Matsu (Chinese Taipei)''), Ukraine,'' in their places, respectively; and 0 b. Removing from the definition ``World Trade Organization Government Procurement Agreement (WTO GPA) country'' ``Malta,'' and ``Taiwan,'' and adding the words ``Malta, Moldova,'' and ``Taiwan, Ukraine,'' in their places, respectively. PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 0 4. Amend section 52.212-5 by revising the date of the clause and paragraphs (b)(26) and (49) 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 (Oct 2016) * * * * * (b) * * * __ (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). * * * * * __ (49) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). * * * * * 0 5. Amend section 52.213-4 by 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) (Oct 2016) * * * * * (b) * * * (1) * * * (ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold). * * * * * 0 6. Amend section 52.222-19 by-- 0 a. Revising the date of the clause; and 0 b. Removing from paragraph (a)(4) ``Malta,'' and ``Taiwan,'' and adding ``Malta, Moldova,'' and ``Taiwan, Ukraine,'' in their places, respectively. The revision reads as follows: 52.222-19 Child Labor--Cooperation with Authorities and Remedies. * * * * * Child Labor--Cooperation with Authorities and Remedies (Oct 2016) * * * * * 0 7. Amend section 52.225-5 by-- 0 a. Revising the date of the clause; and 0 b. Removing from paragraph (a), in the definition ``Designated country'' paragraph (1), the words ``Malta,'' and ``Matsu (Chinese Taipei)''),'' and adding ``Malta, Moldova,'' and ``Matsu (Chinese Taipei)''), Ukraine,'' in their places, respectively. The revision reads as follows: 52.225-5 Trade Agreements. * * * * * Trade Agreements (Oct 2016) * * * * * 0 8. Amend section 52.225-11 by-- 0 a. Revising the date of the clause; and 0 b. Removing from paragraph (a), in the definition ``Designated country'', paragraph (1) the words ``Malta,'' and ``Taiwan,'' and adding ``Malta, Moldova,'' and ``Taiwan, Ukraine,'' in their places, respectively. The revision reads as follows: 52.225-11 Buy American Act--Construction Materials under Trade Agreements. * * * * * Buy American Act--Construction Materials Under Trade Agreements (Oct 2016) * * * * * [[Page 67776]] 0 9. Amend section 52.225-23 by-- 0 a. Revising the date of the clause; and 0 b. Removing from paragraph (a), in the definition ``Designated country'', paragraph (1) the words ``Malta,'' and ``Taiwan,'' and adding ``Malta, Moldova,'' and ``Taiwan, Ukraine,'' in their places, respectively; and 0 c. Removing from paragraph (a), in the definition ``Recovery Act designated country'', paragraph (1) the words ``Malta,'' and ``Taiwan,'' and adding ``Malta, Moldova,'' and ``Taiwan, Ukraine,'' in their places, respectively. 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 (Oct 2016) * * * * * [FR Doc. 2016-23202 Filed 9-29-16; 8:45 am] BILLING CODE 6820-EP-P
![67774 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations
Acquisition Regulation. Paragraph (a)(1) Dated: September 19, 2016. I. Background
of the statute requires that a William F. Clark,
Ukraine and Moldova recently
procurement policy, regulation, Director, Office of Government-wide became parties to the WTO GPA on May
procedure, or form (including an Acquisition Policy, Office of Acquisition 18, 2016, and July 14, 2016,
amendment or modification thereof) Policy, Office of Government-wide Policy.
respectively. The Trade Agreements Act
must be published for public comment Therefore, DoD, GSA, and NASA (19 U.S.C. 2501 et seq.) provides the
if it relates to the expenditure of amend 48 CFR part 17 as set forth authority for the President to waive the
appropriated funds, and has either a below: Buy American statute and other
significant effect beyond the internal discriminatory provisions for eligible
operating procedures of the agency PART 17—SPECIAL CONTRACTING products from countries that have
issuing the policy, regulation, METHODS signed an international trade agreement
procedure, or form, or has a significant ■ 1. The authority citation for 48 CFR with the United States (such as the
cost or administrative impact on part 17 continues to read as follows: WTO GPA). The President has delegated
contractors or offerors. This final rule is this authority to the U.S. Trade
Authority: 40 U.S.C. 121(c); 10 U.S.C. Representative.
not required to be published for public chapter 137; and 51 U.S.C. 20113.
comment, because it addresses an The U.S. Trade Representative has
internal decision by the head of agency 17.105–1 [Amended] determined that Ukraine and Moldova
to enter into a multi-year contract for will provide appropriate reciprocal
■ 2. Amend section 17.105–1 by competitive Government procurement
supplies if certain criteria are met. removing from paragraph (b)(1)
These requirements affect only the opportunities to United States products
‘‘substantial’’ and adding ‘‘significant’’ and services. The U.S. Trade
internal operating procedures of the in its place. Representative published notices in the
Government. [FR Doc. 2016–23201 Filed 9–29–16; 8:45 am] Federal Register waiving the Buy
III. Executive Orders 12866 and 13563 BILLING CODE 6820–EP–P American statute and other
discriminatory provisions for eligible
Executive Orders (E.O.s) 12866 and products from Ukraine at 81 FR 31292
13563 direct agencies to assess all costs DEPARTMENT OF DEFENSE on May 18, 2016, and Moldova at 81 FR
and benefits of available regulatory 50045 on July 29, 2016.
alternatives and, if regulation is GENERAL SERVICES
necessary, to select regulatory ADMINISTRATION II. Discussion and Analysis
approaches that maximize net benefits Therefore, this rule adds Ukraine and
NATIONAL AERONAUTICS AND Moldova to the list of WTO GPA
(including potential economic,
SPACE ADMINISTRATION countries wherever it appears in the
environmental, public health and safety
effects, distributive impacts, and FAR, whether as a separate definition,
48 CFR Parts 22, 25, and 52 part of the definition of ‘‘designated
equity). E.O. 13563 emphasizes the
importance of quantifying both costs [FAC 2005–91; FAR Case 2016–009; Item
country’’ or ‘‘Recovery Act designated
and benefits, of reducing costs, of VIII; Docket No. 2016–0009, Sequence No. country,’’ or as part of the list of
harmonizing rules, and of promoting 1] countries exempt from the prohibition
flexibility. This is not a significant of acquisition of products produced by
regulatory action and, therefore, was not RIN 9000–AN25 forced or indentured child labor (FAR
22.1503, 25.003, 52.222–19, 52.225–5,
subject to review under Section 6(b) of Federal Acquisition Regulation; New 52.225–11, and 52.225–23).
E.O. 12866, Regulatory Planning and Designated Countries—Ukraine and Conforming changes are made to FAR
Review, dated September 30, 1993. This Moldova 52.212–5, Contract Terms and
rule is not a major rule under 5 U.S.C. Conditions Required to Implement
804. AGENCY: Department of Defense (DoD),
General Services Administration (GSA), Statute or Executive Orders—
IV. Regulatory Flexibility Act and National Aeronautics and Space Commercial Items, and 52.213–4, Terms
Administration (NASA). and Conditions—Simplified
The Regulatory Flexibility Act does Acquisitions (Other Than Commercial
ACTION: Final rule.
not apply to this rule because this final Items).
rule does not constitute a significant SUMMARY: DoD, GSA, and NASA are III. Publication of This Final Rule for
FAR revision within the meaning of issuing a final rule amending the Public Comment Is Not Required by
FAR 1.501–1 and 41 U.S.C. 1707 does Federal Acquisition Regulation (FAR) to Statute
not require publication for public add Ukraine and Moldova as new
comment. designated countries under the World ‘‘Publication of proposed
Trade Organization Government regulations,’’ 41 U.S.C. 1707, is the
V. Paperwork Reduction Act statute that applies to the publication of
Procurement Agreement (WTO GPA).
the Federal Acquisition Regulation.
The rule does not contain any DATES: Effective: October 31, 2016.
Paragraph (a)(1) of the statute requires
information collection requirements that FOR FURTHER INFORMATION CONTACT: Ms. that a procurement policy, regulation,
asabaliauskas on DSK3SPTVN1PROD with RULES
require the approval of the Office of Cecelia L. Davis, Procurement Analyst, procedure, or form (including an
Management and Budget under the at 202–219–0202 for clarification of amendment or modification thereof)
Paperwork Reduction Act (44 U.S.C. content. For information pertaining to must be published for public comment
Chapter 35). status or publication schedules, contact if it relates to the expenditure of
the Regulatory Secretariat Division at appropriated funds, and has either a
List of Subject in 48 CFR Part 17
202–501–4755. Please cite FAC 2005– significant effect beyond the internal
Government procurement. 91, FAR Case 2016–009. operating procedures of the agency
SUPPLEMENTARY INFORMATION: issuing the policy, regulation,
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![Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations 67775
procedure, or form, or has a significant Dated: September 19, 2016. ■ 5. Amend section 52.213–4 by
cost or administrative impact on William F. Clark, revising the date of the clause and
contractors or offerors. This final rule is Director, Office of Government-wide paragraph (b)(1)(ii) to read as follows:
not required to be published for public Acquisition Policy, Office of Acquisition
comment, because it has no significant Policy, Office of Government-wide Policy. 52.213–4 Terms and Conditions—
Simplified Acquisitions (Other Than
cost or administrative impact on Therefore, DoD, GSA, and NASA Commercial Items).
contractors or offerors. It is just amend 48 CFR parts 22, 25, and 52 as
updating the lists of designated * * * * *
set forth below:
countries, in order to conform to the ■ 1. The authority citation for 48 CFR Terms and Conditions—Simplified
determinations by the U.S. Trade parts 22, 25, and 52 continues to read Acquisitions (Other Than Commercial Items)
Representative. as follows: (Oct 2016)
* * * * *
IV. Executive Orders 12866 and 13563 Authority: 40 U.S.C. 121(c); 10 U.S.C.
(b) * * *
chapter 137; and 51 U.S.C. 20113.
Executive Orders (E.O.s) 12866 and (1) * * *
13563 direct agencies to assess all costs (ii) 52.222–19, Child Labor—Cooperation
PART 22—APPLICATION OF LABOR
with Authorities and Remedies (Oct 2016)
and benefits of available regulatory LAWS TO GOVERNMENT (E.O. 13126). (Applies to contracts for
alternatives and, if regulation is ACQUISITIONS supplies exceeding the micro-purchase
necessary, to select regulatory threshold).
approaches that maximize net benefits 22.1503 [Amended]
* * * * *
(including potential economic, ■ 2. Amend section 22.1503 by
environmental, public health and safety removing from paragraph (b)(4) ‘‘Malta,’’ ■ 6. Amend section 52.222–19 by—
effects, distributive impacts, and and ‘‘Taiwan,’’ and adding ‘‘Malta, ■ a. Revising the date of the clause; and
equity). E.O. 13563 emphasizes the Moldova,’’ and ‘‘Taiwan, Ukraine,’’ in ■ b. Removing from paragraph (a)(4)
importance of quantifying both costs their places, respectively. ‘‘Malta,’’ and ‘‘Taiwan,’’ and adding
and benefits, of reducing costs, of ‘‘Malta, Moldova,’’ and ‘‘Taiwan,
harmonizing rules, and of promoting PART 25—FOREIGN ACQUISITION Ukraine,’’ in their places, respectively.
The revision reads as follows:
flexibility. This is not a significant 25.003 [Amended]
regulatory action and, therefore, was not 52.222–19 Child Labor—Cooperation with
subject to review under section 6(b) of ■ 3. Amend section 25.003 by— Authorities and Remedies.
E.O. 12866, Regulatory Planning and ■ a. Removing from the definition
‘‘Designated country’’, paragraph (1), the * * * * *
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C. words ‘‘Malta,’’ and ‘‘Matsu’’ (Chinese Child Labor—Cooperation with Authorities
Taipei))’’ and adding ‘‘Malta, Moldova,’’ and Remedies (Oct 2016)
804.
and ‘‘Matsu (Chinese Taipei)’’), * * * * *
V. Regulatory Flexibility Act Ukraine,’’ in their places, respectively; ■ 7. Amend section 52.225–5 by—
The Regulatory Flexibility Act does and ■ a. Revising the date of the clause; and
■ b. Removing from the definition ■ b. Removing from paragraph (a), in the
not apply to this rule because this final
‘‘World Trade Organization Government definition ‘‘Designated country’’
rule does not constitute a significant
Procurement Agreement (WTO GPA) paragraph (1), the words ‘‘Malta,’’ and
FAR revision within the meaning of
country’’ ‘‘Malta,’’ and ‘‘Taiwan,’’ and ‘‘Matsu (Chinese Taipei)’’),’’ and adding
FAR 1.501–1 and 41 U.S.C. 1707 and
adding the words ‘‘Malta, Moldova,’’ ‘‘Malta, Moldova,’’ and ‘‘Matsu (Chinese
does not require publication for public
and ‘‘Taiwan, Ukraine,’’ in their places, Taipei)’’), Ukraine,’’ in their places,
comment.
respectively. respectively.
VI. Paperwork Reduction Act The revision reads as follows:
PART 52—SOLICITATION PROVISIONS
The Paperwork Reduction Act does AND CONTRACT CLAUSES 52.225–5 Trade Agreements.
apply, because the rule affects the
4. Amend section 52.212–5 by * * * * *
response of an offeror that is offering a ■
product of Ukraine or Moldova to the revising the date of the clause and Trade Agreements (Oct 2016)
information collection requirements in paragraphs (b)(26) and (49) to read as
* * * * *
the provisions at FAR 52.212–3(g)(5), follows:
52.225–6, and 52.225–11. The offeror no ■ 8. Amend section 52.225–11 by—
longer needs to list a product from
52.212–5 Contract Terms and Conditions ■ a. Revising the date of the clause; and
Required To Implement Statutes or ■ b. Removing from paragraph (a), in the
Ukraine or Moldova under ‘‘other end Executive Orders—Commercial Items.
products,’’ because Ukraine and definition ‘‘Designated country’’,
* * * * * paragraph (1) the words ‘‘Malta,’’ and
Moldova are now designated countries.
These information collection Contract Terms and Conditions Required To ‘‘Taiwan,’’ and adding ‘‘Malta,
requirements are currently approved Implement Statutes or Executive Orders— Moldova,’’ and ‘‘Taiwan, Ukraine,’’ in
under OMB Control Numbers 9000– Commercial Items (Oct 2016) their places, respectively.
0025, titled: Trade Agreements * * * * * The revision reads as follows:
Certificate; 9000–0136, titled: (b) * * * 52.225–11 Buy American Act—
ll (26) 52.222–19, Child Labor—
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Commercial Item Acquisitions; and Construction Materials under Trade
9000–0141, Buy American— Cooperation with Authorities and Agreements.
Construction, respectively. The impact, Remedies (Oct 2016) (E.O. 13126). * * * * *
however, is negligible. * * * * *
ll (49) 52.225–5, Trade Agreements Buy American Act—Construction
List of Subjects in 48 CFR Parts 22, 25, (Oct 2016) (19 U.S.C. 2501, et seq., 19 Materials Under Trade Agreements
and 52 U.S.C. 3301 note). (Oct 2016)
Government procurement. * * * * * * * * * *
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■ 9. Amend section 52.225–23 by— clarification of content. For information III. Executive Orders 12866 and 13563
■ a. Revising the date of the clause; and pertaining to status or publication Executive Orders (E.O.s) 12866 and
■ b. Removing from paragraph (a), in the schedules, contact the Regulatory 13563 direct agencies to assess all costs
definition ‘‘Designated country’’, Secretariat at 202–501–4755. Please cite and benefits of available regulatory
paragraph (1) the words ‘‘Malta,’’ and FAC 2005–91, FAR Case 2014–018. alternatives and, if regulation is
‘‘Taiwan,’’ and adding ‘‘Malta, SUPPLEMENTARY INFORMATION: necessary, to select regulatory
Moldova,’’ and ‘‘Taiwan, Ukraine,’’ in approaches that maximize net benefits
their places, respectively; and I. Background
(including potential economic,
■ c. Removing from paragraph (a), in the
DoD, GSA, and NASA published a environmental, public health and safety
definition ‘‘Recovery Act designated proposed rule in the Federal Register at effects, distributive impacts, and
country’’, paragraph (1) the words 80 FR 30202 on May 27, 2015, to equity). E.O. 13563 emphasizes the
‘‘Malta,’’ and ‘‘Taiwan,’’ and adding implement section 862 of the National importance of quantifying both costs
‘‘Malta, Moldova,’’ and ‘‘Taiwan, Defense Authorization Act (NDAA) for and benefits, of reducing costs, of
Ukraine,’’ in their places, respectively. Fiscal Year (FY) 2008 (Pub. L. 110–181) harmonizing rules, and of promoting
The revision reads as follows: (as amended by other NDAAs, see 10 flexibility. This is not a significant
52.225–23 Required Use of American Iron, U.S.C. 2302 Note). This rule amends regulatory action and, therefore, was not
Steel, and Manufactured Goods—Buy FAR 25.302, Contractors performing subject to review under Section 6(b) of
American Statute—Construction Materials private security functions outside the E.O. 12866, Regulatory Planning and
Under Trade Agreements. United States, and the associated clause Review, dated September 30, 1993. This
* * * * * at 52.225–26 to remove the DoD-unique rule is not a major rule under 5 U.S.C.
requirements, which were incorporated 804.
Required Use of American Iron, Steel, in the Defense Federal Acquisition
and Manufactured Goods—Buy Regulation Supplement (DFARS) on IV. Regulatory Flexibility Act
American Statute—Construction June 30, 2016 (81 FR 42559). This rule DoD, GSA, and NASA have prepared
Materials Under Trade Agreements also adds the definition of ‘‘full a Final Regulatory Flexibility Analysis
(Oct 2016) cooperation’’ to FAR clause 52.225–26 (FRFA) consistent with the Regulatory
* * * * * in order to affirm that the contract Flexibility Act, 5 U.S.C. 601, et seq. The
[FR Doc. 2016–23202 Filed 9–29–16; 8:45 am] clause does not foreclose any contractor FRFA is summarized as follows:
BILLING CODE 6820–EP–P rights arising in law, the FAR, or the The objective of this rule is to amend FAR
terms of the contract when cooperating 25.302, Contractors performing private
with any Government-authorized security functions outside the United States,
DEPARTMENT OF DEFENSE investigation into incidents reported and the associated clause at 52.225–26 to
pursuant to the clause. remove the DoD-unique requirements, which
GENERAL SERVICES One respondent submitted comments will be incorporated in the Defense Federal
ADMINISTRATION Acquisition Regulation Supplement
on the proposed rule. (DFARS). The rule also adds a definition of
NATIONAL AERONAUTICS AND II. Discussion and Analysis ‘‘full cooperation’’ to FAR clause 52.225–26
in order to affirm that the contract clause
SPACE ADMINISTRATION The Civilian Agency Acquisition does not foreclose any contractor rights
Council and the Defense Acquisition arising in law, the FAR, or the terms of the
48 CFR Parts 25 and 52 Regulations Council (the Councils) contract when cooperating with any
reviewed the public comment in the Government-authorized investigation into
[FAC 2005–91; FAR Case 2014–018; Item
incidents reported pursuant to the clause.
IX; Docket No. 2014–0018, Sequence No. development of the final rule. No comments were received from the
1]
A. Summary of Significant Changes public relative to the initial regulatory
RIN 9000–AN07 flexibility analysis.
There were no changes made to the DoD, GSA, and NASA do not expect this
Federal Acquisition Regulation: rule as a result of the one comment final rule to have a significant economic
Contractors Performing Private received. There were no comments on impact on a substantial number of small
the Regulatory Flexibility Analysis. entities within the meaning of the Regulatory
Security Functions
Flexibility Act, 5 U.S.C. 601, et seq. Based on
AGENCY: Department of Defense (DoD), B. Analysis of Public Comments data available in the Federal Procurement
General Services Administration (GSA), Data System (FPDS), DoD awarded 403
A discussion of the comment follows: contracts in FY 2013 in support of a
and National Aeronautics and Space Employing quasi-military armed designated contingency operation outside of
Administration (NASA). forces: the United States, of which 63 contracts (15.6
ACTION: Final rule. Comment: The respondent did not percent) were awarded to small businesses.
comment on any of the proposed Therefore, it is estimated that this rule will
SUMMARY: DoD, GSA, and NASA are apply to approximately 63 small businesses.
changes in the proposed rule. The
issuing a final rule amending the This rule does not create any new
respondent commented on the alleged
Federal Acquisition Regulation (FAR) to reporting, recordkeeping, or other
employment of mercenaries by compliance requirements.
remove the DoD-unique requirements
contractors performing private security There are no known significant alternatives
for contractors performing private
functions overseas and further stated to the rule. The impact of this rule on small
security functions outside the United
asabaliauskas on DSK3SPTVN1PROD with RULES
that this is prohibited as codified at 5 business is not expected to be significant
States and provide a definition of ‘‘full
U.S.C. 3181. The respondent because it is removing DoD-unique
cooperation’’ within the associated requirements from the FAR, to be
recommended a change to the FAR to
clause. incorporated in the DFARS.
make it clear that the U.S. Government
DATES: Effective: October 31, 2016. will not employ mercenaries. Interested parties may obtain a copy
FOR FURTHER INFORMATION CONTACT: Mr. Response: The respondent’s of the FRFA from the Regulatory
Michael O. Jackson, Procurement comments are not within the scope of Secretariat. The Regulatory Secretariat
Analyst, at 202–208–4949, for this rule. has submitted a copy of the FRFA to the
VerDate Sep<11>2014 22:05 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00052 Fmt 4701 Sfmt 4700 E:\FR\FM\30SER4.SGM 30SER4](https://thefederalregister.org/doc/81_FR_67964/page/3.svg)
Document Created: 2018-02-09 13:34:16
Document Modified: 2018-02-09 13:34:16
| 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: October 31, 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 2005-91, FAR Case 2016-009. | |
| FR Citation | 81 FR 67774 | |
| RIN Number | 9000-AN25 | |
| CFR Citation | 48
CFR
22 48 CFR 25 48 CFR 52 |
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