82 FR 61481 - Defense Federal Acquisition Regulation Supplement: Trade Agreements Thresholds (DFARS Case 2018-D001)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 82, Issue 248 (December 28, 2017)

Page Range		61481-61483
FR Document		2017-27781

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to incorporate revised thresholds for application of the World Trade Organization Government Procurement Agreement and the Free Trade Agreements, as determined by the United States Trade Representative.

Federal Register, Volume 82 Issue 248 (Thursday, December 28, 2017)

[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Rules and Regulations]
[Pages 61481-61483]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27781]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 225 and 252

[Docket DARS-2017-0017]
RIN 0750-AJ65


Defense Federal Acquisition Regulation Supplement: Trade 
Agreements Thresholds (DFARS Case 2018-D001)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to incorporate revised 
thresholds for application of the World Trade Organization Government 
Procurement Agreement and the Free Trade Agreements, as determined by 
the United States Trade Representative.

DATES: Effective: January 1, 2018.

FOR FURTHER INFORMATION CONTACT: Ms. Amy G. Williams, 571-372-6106.

SUPPLEMENTARY INFORMATION: 

I. Background

    This rule adjusts thresholds for application of the World Trade 
Organization (WTO) Government Procurement Agreement (GPA) and Free 
Trade Agreements (FTA) as determined by the United States Trade 
Representative (USTR). The trade agreements thresholds are adjusted 
every two years according to predetermined formulae set forth in the 
agreements. The USTR has specified the following new thresholds in the 
Federal Register (82 FR 58248, December 11, 2017):

[[Page 61482]]



------------------------------------------------------------------------
                                              Supply       Construction
                                             Contract        Contract
             Trade Agreement               (equal to or    (equal to or
                                            exceeding)      exceeding)
------------------------------------------------------------------------
WTO GPA.................................        $180,000      $6,932,000
FTAs:
    Australia FTA.......................          80,317       6,932,000
    Bahrain FTA.........................         180,000      10,441,216
    CAFTA-DR (Costa Rica, Dominican               80,317       6,932,000
     Republic, El Salvador, Guatemala,
     Honduras, and Nicaragua)...........
    Chile FTA...........................          80,317       6,932,000
    Columbia............................          80,317       6,932,000
    Korea...............................         100,000       6,932,000
    Morocco FTA.........................         180,000       6,932,000
NAFTA:
    --Canada............................          25,000      10,441,216
    --Mexico............................          80,317      10,441,216
    Panama FTA..........................         180,000       6,932,000
    Peru FTA............................         180,000       6,932,000
    Singapore FTA.......................          80,317       6,932,000
------------------------------------------------------------------------

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    The statute that applies to the publication of the Federal 
Acquisition Regulation (FAR) is 41 U.S.C. 1707 entitled ``Publication 
of Proposed Regulations.'' 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 does not constitute a significant DFARS revision within the 
meaning of FAR 1.501-1 and does not have a significant cost or 
administrative impact on contractors or offerors. This final rule is 
not required to be published for public comment, because it only 
adjusts the thresholds according to predetermined formulae to adjust 
for changes in economic conditions, thus maintaining the status quo, 
without significant effect beyond the internal operating procedures of 
the Government.

III. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold and for Commercial Items, Including Commercially Available 
Off-the-Shelf Items

    This rule amends the DFARS to revise thresholds for application of 
the WTO GPA and the FTA. The revisions do not add any new burdens or 
impact applicability of clauses and provisions at or below the 
simplified acquisition threshold, or to commercial items.

IV. Executive Orders 12866 and 13563

    Executive Order (E.O.) 12866, Regulatory Planning and Review, and 
E.O. 13563, Improving Regulation and Regulatory Review, 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. The Office of Management and Budget, Office of Information 
and Regulatory Affairs (OIRA), has determined that this is not a 
significant regulatory action as defined under section 3(f) of E.O. 
12866 and, therefore, was not subject to review under section 6(b). 
This rule is not a major rule as defined at 5 U.S.C. 804(2).

V. Executive Order 13771

    This rule is not subject to E.O. 13771, Reducing Regulation and 
Controlling Regulatory Costs, because this rule is not a significant 
regulatory action under E.O. 12866.

VI. 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.

VII. Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C chapter 35) does apply, 
because the final rule affects the prescriptions for use of the 
certification and information collection requirements in the provision 
at DFARS 252.225-7035, Buy American-Free Trade Agreements-Balance of 
Payments Program Certificate, and the certification and information 
collection requirements in the provision at DFARS 252.225-7018, 
Photovoltaic Devices--Certificate. The changes to these DFARS clauses 
do not impose additional information collection requirements to the 
paperwork burden previously approved under OMB Control Number 0704-
0229, entitled ``DFARS Part 225, Foreign Acquisition and related 
clauses,'' because the threshold changes are in line with inflation and 
maintain the status quo.

List of Subjects in 48 CFR Parts 225 and 252

    Government procurement.

Jennifer L. Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 225 and 252 are amended as follows:

0
1. The authority citation for 48 CFR parts 225 and 252 continues to 
read as follows:

    Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

PART 225--FOREIGN ACQUISITION


225.1101  [Amended]

0
2. Amend section 225.1101 by--
0
a. In paragraph (6) introductory text, removing ``$191,000'' and adding 
``$180,000'' in its place;
0
b. In paragraph (10)(i) introductory text, removing ``$191,000'' and 
adding ``$180,000'' in its place;
0
c. In paragraph (10)(i)(A), removing ``$191,000'' and adding 
``$180,000'' in its place;
0
d. In paragraph (10)(i)(B), removing ``$77,533'' and adding ``$80,317'' 
in its place;

[[Page 61483]]

0
e. In paragraph (10)(i)(C), removing ``$191,000'' and adding 
``$180,000'' in its place; and
0
f. In paragraphs (10)(i)(D) through (F), removing ``$77,533'' wherever 
it appears and adding ``$80,317'' in its place.

225.7017-3  [Amended]

0
3. Amend section 225.7017-3, in paragraph (b), by removing ``$191,000'' 
and adding ``$180,000'' in its place.


225.7017-4  [Amended]

0
4. Amend section 225.7017-4, in paragraphs (a)(1) and (b)(1), by 
removing ``$191,000'' and adding ``$180,000'' in both places.

225.7503  [Amended]

0
5. Amend section 225.7503 by--
0
a. In paragraphs (a) and (b) introductory text, removing ``$7,358,000'' 
and adding ``$6,932,000'' in both places;
0
b. In paragraph (b)(1), removing ``$10,079,365'' and adding 
``$10,441,216'' in its place;
0
c. In paragraph (b)(2), removing ``$7,358,000'' and adding 
``$6,932,000'' in its place, and removing ``$10,079,365'' and adding 
``$10,441,216'' in its place;
0
d. In paragraph (b)(3), removing ``$10,079,365'' and adding 
``$10,441,216'' in its place; and
0
e. In paragraph (b)(4), removing ``$7,358,000'' and adding 
``$6,932,000'' in its place, and removing ``$10,079,365'' and adding 
``$10,441,216'' in its place.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.225-7017  [Amended]

0
6. Amend section 252.225-7017 by--
0
a. Removing clause date ``(DEC 2016)'' and adding ``(JAN 2018)'' in its 
place;
0
b. In paragraphs (c)(2) and (3), removing ``$77,533'' and adding 
``$80,317'' in its place; and
0
c. In paragraphs (c)(4) and (5), removing ``$191,000'' and adding 
``$180,000'' in its place.

252.225-7018  [Amended]

0
7. Amend section 252.225-7018 by--
0
a. Removing clause date ``(JAN 2016)'' and adding ``(JAN 2018)'' in its 
place;
0
b. In paragraph (b)(1) introductory text, removing ``$191,000'' and 
adding ``$180,000'' in its place;
0
c. In paragraph (b)(2), removing ``$191,000'' and adding ``$180,000'' 
in its place;
0
d. In paragraphs (d)(3) and (4) introductory text, removing ``$77,533'' 
and adding ``$80,317'' in both places; and
0
e. In paragraphs (d)(5) and (6) introductory text, removing 
``$191,000'' and adding ``$180,000'' in its place.

[FR Doc. 2017-27781 Filed 12-27-17; 8:45 am]
 BILLING CODE 5001-06-P

Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Rules and Regulations 61481

Commercial Corporation, as prescribed PART 245—GOVERNMENT PROPERTY 252.246–7008 [Amended]
at 215.408(3)(i) and (ii), respectively. ■ 28. Amend section 252.246–7008 by—
245.103–73 [REDESIGNATED AS 245.103–
* * * * * 74] ■ a. Removing the clause date ‘‘(OCT
2016)’’ and adding ‘‘(DEC 2017)’’ in its
225.7501 [Amended] ■ 23. Redesignate section 245.103–73 as place; and
■ 15. Amend section 225.7501(a)(2)(i) 245.103–74. ■ b. In paragraph (e), adding a comma
by removing ‘‘or 225.104(a)’’. ■ 24. Add new section 245.103–73 to after the word ‘‘items’’.
read as follows:
PART 227—PATENTS, DATA, AND 252.247–7020 [Amended]
COPYRIGHTS 245.103–73 Government property under ■ 29. Amend the section’s introductory
sustainment contracts.
227.7103–10 [Amended] text by removing ‘‘247.270–3(o)’’ and
See PGI 245.103–73 for information adding ‘‘247.271–3(n)’’ in its place.
■ 16. Amend section 227.7103–10(a)(1) on the reporting requirements for
by removing ‘‘15.607’’ and adding [FR Doc. 2017–27782 Filed 12–27–17; 8:45 am]
Government inventory held by
‘‘15.306’’ in its place. contractors under sustainment contracts BILLING CODE 5001–06–P

in accordance with DoD Manual
PART 237—SERVICE CONTRACTING
4140.01, Volume 6, DoD Supply Chain DEPARTMENT OF DEFENSE
237.102–75 [Amended] Materiel Management Procedures:
Materiel Returns, Retention, and Defense Acquisition Regulations
■ 17. Amend section 237.102–75 by
Disposition. System
removing ‘‘Chapter 14’’ and adding
‘‘Chapter 10’’ in its place. PART 252—SOLICITATION 48 CFR Parts 225 and 252
PART 239—ACQUISITION OF PROVISIONS AND CONTRACT
INFORMATION TECHNOLOGY CLAUSES
[Docket DARS–2017–0017]
252.211–7006 [Amended]
239.7001 [Amended]
RIN 0750–AJ65
■ 18. Amend section 239.7001 by ■ 25. Amend section 252.211–7006 by—
removing ‘‘DoD 4140.1–R, DoD Supply ■ a. Removing the clause date ‘‘(JUN Defense Federal Acquisition
Chain Materiel Management Regulation, 2016)’’ and adding ‘‘(DEC 2017)’’ in its Regulation Supplement: Trade
Chapter 9, Section C9.5’’ and adding place; and Agreements Thresholds (DFARS Case
‘‘DoD Manual 4140.01, Volume 9, DoD ■ b. In paragraph (b)(1)(i), removing 2018–D001)
Supply Chain Materiel Management ‘‘DoD 4140.1–R, DoD Supply Chain
Procedures: Materiel Programs’’ in its Material Management Regulation, AGENCY: Defense Acquisition
place. AP1.1.11’’ and adding ‘‘DoD Manual Regulations System, Department of
4140.01, Volume 6, DoD Supply Chain Defense (DoD).
PART 242—CONTRACT Materiel Management Procedures: ACTION: Final rule.
ADMINISTRATION AND AUDIT Materiel Returns, Retention, and
SERVICES Disposition’’ in its place. SUMMARY: DoD is issuing a final rule
amending the Defense Federal
242.1105 [Amended] 252.245–7002 [Amended] Acquisition Regulation Supplement
■ 19. Amend section 242.1105(1)(i) by ■ 26. Amend section 252.245–7002 by— (DFARS) to incorporate revised
removing ‘‘DoD 4140.1–R, DoD Materiel ■ a. Removing the clause date ‘‘(APR thresholds for application of the World
Management Regulation’’ and adding 2012)’’ and adding ‘‘(DEC 2017)’’ in its Trade Organization Government
‘‘DoD Manual 4140.01, Volume 5, DoD place; and Procurement Agreement and the Free
Supply Chain Materiel Management ■ b. In paragraph (b)(1), removing Trade Agreements, as determined by the
Procedures: Delivery of Materiel’’ in its ‘‘http://www.dcma.mil/ United States Trade Representative.
place. aboutetools.cfm’’ and adding ‘‘http:// DATES: Effective: January 1, 2018.

242.7301 [Amended] www.dcma.mil/WBT/propertyloss/’’ in FOR FURTHER INFORMATION CONTACT: Ms.
its place. Amy G. Williams, 571–372–6106.
■ 20. Amend section 242.7301(b) by
SUPPLEMENTARY INFORMATION:
removing ‘‘Agency’’ and adding 252.245–7004 [Amended]
‘‘Agent’’ in its place. ■ 27. Amend section 252.245–7004 by— I. Background
242.7503 [Amended] ■ a. Removing the clause date ‘‘(SEP This rule adjusts thresholds for
2016)’’ and adding ‘‘(DEC 2017)’’ in its application of the World Trade
■ 21. Amend section 242.7503 by—
■ a. In paragraph (a) adding ‘‘or’’ after place; Organization (WTO) Government
■ b. In paragraph (b), introductory text, Procurement Agreement (GPA) and Free
the semicolon; and
■ b. In paragraph (b) removing ‘‘]’’ at the removing ‘‘http://www.dcma.mil/ Trade Agreements (FTA) as determined
end of the sentence. DCMAIT/cbt/PCARSS/index.cfm’’ and by the United States Trade
adding ‘‘http://www.dcma.mil/WBT/ Representative (USTR). The trade
PART 243—CONTRACT PCARSS/’’ in its place; and agreements thresholds are adjusted
MODIFICATIONS ■ c. In paragraph (b)(1)(iv), removing every two years according to
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‘‘http://www2.dla.mil/j-6/dlmso/ predetermined formulae set forth in the
243.204–70–3 [Amended] elibrary/manuals/dlm/dlm_pubs.asp#’’ agreements. The USTR has specified the
■ 22. Amend section 243.204–70–3(b) and adding ‘‘http://www.dla.mil/HQ/ following new thresholds in the Federal
by removing ‘‘contacting’’ and adding InformationOperations/DLMS/elibrary/ Register (82 FR 58248, December 11,
‘‘contracting’’ in its place. manuals/MILSTRAP/’’ in its place. 2017):

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61482 Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Rules and Regulations

Supply Construction
Contract Contract
Trade Agreement (equal to or (equal to or
exceeding) exceeding)

WTO GPA ................................................................................................................................................................ $180,000 $6,932,000
FTAs:
Australia FTA .................................................................................................................................................... 80,317 6,932,000
Bahrain FTA ..................................................................................................................................................... 180,000 10,441,216
CAFTA–DR (Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua) ........... 80,317 6,932,000
Chile FTA .......................................................................................................................................................... 80,317 6,932,000
Columbia ........................................................................................................................................................... 80,317 6,932,000
Korea ................................................................................................................................................................ 100,000 6,932,000
Morocco FTA .................................................................................................................................................... 180,000 6,932,000
NAFTA:
—Canada .......................................................................................................................................................... 25,000 10,441,216
—Mexico ........................................................................................................................................................... 80,317 10,441,216
Panama FTA .................................................................................................................................................... 180,000 6,932,000
Peru FTA .......................................................................................................................................................... 180,000 6,932,000
Singapore FTA ................................................................................................................................................. 80,317 6,932,000

II. Publication of This Final Rule for IV. Executive Orders 12866 and 13563 the provision at DFARS 252.225–7035,
Public Comment Is Not Required by Executive Order (E.O.) 12866, Buy American-Free Trade Agreements-
Statute Regulatory Planning and Review, and Balance of Payments Program
The statute that applies to the E.O. 13563, Improving Regulation and Certificate, and the certification and
publication of the Federal Acquisition Regulatory Review, direct agencies to information collection requirements in
Regulation (FAR) is 41 U.S.C. 1707 assess all costs and benefits of available the provision at DFARS 252.225–7018,
entitled ‘‘Publication of Proposed regulatory alternatives and, if regulation Photovoltaic Devices—Certificate. The
Regulations.’’ Paragraph (a)(1) of the is necessary, to select regulatory changes to these DFARS clauses do not
statute requires that a procurement impose additional information
approaches that maximize net benefits
policy, regulation, procedure or form collection requirements to the
(including potential economic,
(including an amendment or paperwork burden previously approved
environmental, public health and safety
modification thereof) must be published under OMB Control Number 0704–0229,
effects, distributive impacts, and
for public comment if it relates to the entitled ‘‘DFARS Part 225, Foreign
equity). E.O. 13563 emphasizes the
expenditure of appropriated funds, and Acquisition and related clauses,’’
importance of quantifying both costs
has either a significant effect beyond the because the threshold changes are in
and benefits, of reducing costs, of
internal operating procedures of the line with inflation and maintain the
harmonizing rules, and of promoting
agency issuing the policy, regulation, status quo.
flexibility. The Office of Management
procedure, or form, or has a significant and Budget, Office of Information and List of Subjects in 48 CFR Parts 225 and
cost or administrative impact on Regulatory Affairs (OIRA), has 252
contractors or offerors. This final rule is determined that this is not a significant Government procurement.
not required to be published for public regulatory action as defined under
comment, because it does not constitute section 3(f) of E.O. 12866 and, therefore, Jennifer L. Hawes,
a significant DFARS revision within the was not subject to review under section Regulatory Control Officer, Defense
meaning of FAR 1.501–1 and does not 6(b). This rule is not a major rule as Acquisition Regulations System.
have a significant cost or administrative defined at 5 U.S.C. 804(2). Therefore, 48 CFR parts 225 and 252
impact on contractors or offerors. This are amended as follows:
final rule is not required to be published V. Executive Order 13771
■ 1. The authority citation for 48 CFR
for public comment, because it only This rule is not subject to E.O. 13771, parts 225 and 252 continues to read as
adjusts the thresholds according to Reducing Regulation and Controlling follows:
predetermined formulae to adjust for Regulatory Costs, because this rule is
Authority: 41 U.S.C. 1303 and 48 CFR
changes in economic conditions, thus not a significant regulatory action under chapter 1.
maintaining the status quo, without E.O. 12866.
significant effect beyond the internal PART 225—FOREIGN ACQUISITION
operating procedures of the VI. Regulatory Flexibility Act
Government. The Regulatory Flexibility Act does 225.1101 [Amended]
not apply to this rule because this final ■ 2. Amend section 225.1101 by—
III. Applicability to Contracts at or rule does not constitute a significant
Below the Simplified Acquisition ■ a. In paragraph (6) introductory text,
FAR revision within the meaning of removing ‘‘$191,000’’ and adding
Threshold and for Commercial Items, FAR 1.501–1, and 41 U.S.C. 1707 and
Including Commercially Available Off- ‘‘$180,000’’ in its place;
does not require publication for public ■ b. In paragraph (10)(i) introductory
the-Shelf Items comment. text, removing ‘‘$191,000’’ and adding
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This rule amends the DFARS to revise ‘‘$180,000’’ in its place;
thresholds for application of the WTO VII. Paperwork Reduction Act
■ c. In paragraph (10)(i)(A), removing
GPA and the FTA. The revisions do not The Paperwork Reduction Act (44 ‘‘$191,000’’ and adding ‘‘$180,000’’ in
add any new burdens or impact U.S.C chapter 35) does apply, because its place;
applicability of clauses and provisions the final rule affects the prescriptions ■ d. In paragraph (10)(i)(B), removing
at or below the simplified acquisition for use of the certification and ‘‘$77,533’’ and adding ‘‘$80,317’’ in its
threshold, or to commercial items. information collection requirements in place;

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■ e. In paragraph (10)(i)(C), removing and adding ‘‘$80,317’’ in both places; II. Applicability to Contracts at or
‘‘$191,000’’ and adding ‘‘$180,000’’ in and Below the Simplified Acquisition
its place; and ■ e. In paragraphs (d)(5) and (6) Threshold and for Commercial Items,
■ f. In paragraphs (10)(i)(D) through (F), introductory text, removing ‘‘$191,000’’ Including Commercially Available Off-
removing ‘‘$77,533’’ wherever it appears and adding ‘‘$180,000’’ in its place. the-Shelf Items
and adding ‘‘$80,317’’ in its place. [FR Doc. 2017–27781 Filed 12–27–17; 8:45 am] This rule only updates the list of
225.7017–3 [Amended]
BILLING CODE 5001–06–P qualifying countries in the DFARS by
adding the newly qualifying country of
■ 3. Amend section 225.7017–3, in Latvia. The definition of ‘‘qualifying
paragraph (b), by removing ‘‘$191,000’’ DEPARTMENT OF DEFENSE country’’ is updated in each of the
and adding ‘‘$180,000’’ in its place. following clauses; however, this
Defense Acquisition Regulations
225.7017–4 [Amended] revision does not impact the clause
System
prescriptions for use, or applicability at
■ 4. Amend section 225.7017–4, in or below the simplified acquisition
paragraphs (a)(1) and (b)(1), by 48 CFR Parts 225 and 252
threshold, or applicability to
removing ‘‘$191,000’’ and adding commercial items. The clauses are:
‘‘$180,000’’ in both places. [Docket DARS–2017–0020]
DFARS 252.225–7001, Buy American
and Balance of Payments Program;
225.7503 [Amended] RIN 0750–AJ47
DFARS 252.225–7002, Qualifying
■ 5. Amend section 225.7503 by— Country Sources as Subcontractors;
■ a. In paragraphs (a) and (b) Defense Federal Acquisition
Regulation Supplement: New DFARS 252.225–7012, Preference for
introductory text, removing Certain Domestic Commodities; DFARS
‘‘$7,358,000’’ and adding ‘‘$6,932,000’’ Qualifying Country-Latvia (DFARS
Case 2017–D037) 252.225–7017, Photovoltaic Devices;
in both places; DFARS 252.225–7021, Trade
■ b. In paragraph (b)(1), removing AGENCY: Defense Acquisition Agreements; and DFARS 252.225–7036,
‘‘$10,079,365’’ and adding Regulations System, Department of Buy American—Trade Agreements—
‘‘$10,441,216’’ in its place; Defense (DoD). Balance of Payments Program.
■ c. In paragraph (b)(2), removing
ACTION: Final rule. III. Publication of This Final Rule for
‘‘$7,358,000’’ and adding ‘‘$6,932,000’’
in its place, and removing SUMMARY: DoD is issuing a final rule Public Comment Is Not Required by
‘‘$10,079,365’’ and adding amending the Defense Federal Statute
‘‘$10,441,216’’ in its place; Acquisition Regulation Supplement The statute that applies to the
■ d. In paragraph (b)(3), removing (DFARS) to add Latvia as a qualifying publication of the Federal Acquisition
‘‘$10,079,365’’ and adding country. Regulation (FAR) is 41 U.S.C. 1707
‘‘$10,441,216’’ in its place; and entitled ‘‘Publication of Proposed
■ e. In paragraph (b)(4), removing
DATES:Effective December 28, 2017.
Regulations.’’ Paragraph (a)(1) of the
‘‘$7,358,000’’ and adding ‘‘$6,932,000’’ FOR FURTHER INFORMATION CONTACT: Ms. statute requires that a procurement
in its place, and removing Amy Williams, telephone 571–372– policy, regulation, procedure or form
‘‘$10,079,365’’ and adding 6106. (including an amendment or
‘‘$10,441,216’’ in its place. SUPPLEMENTARY INFORMATION: modification thereof) must be published
for public comment if it relates to the
I. Background
PART 252—SOLICITATION expenditure of appropriated funds, and
PROVISIONS AND CONTRACT DoD is amending the DFARS to add has either a significant effect beyond the
CLAUSES Latvia as a qualifying country. On April internal operating procedures of the
10, 2017, the Secretary of Defense and agency issuing the policy, regulation,
252.225–7017 [Amended] the Minister of Defense of the Republic procedure or form, or has a significant
■ 6. Amend section 252.225–7017 by— of Latvia signed a Reciprocal Defense cost or administrative impact on
■ a. Removing clause date ‘‘(DEC 2016)’’ Procurement Agreement. The Secretary contractors or offerors. This final rule is
and adding ‘‘(JAN 2018)’’ in its place; of Defense also signed, on that day, a not required to be published for public
■ b. In paragraphs (c)(2) and (3), determination and findings that it is comment, because it does not constitute
removing ‘‘$77,533’’ and adding inconsistent with the public interest to a significant DFARS revision within the
‘‘$80,317’’ in its place; and apply the restrictions of the Buy meaning of FAR 1.501–1 and does not
■ c. In paragraphs (c)(4) and (5), American Act to the acquisition of have a significant cost or administrative
removing ‘‘$191,000’’ and adding articles, materials, and supplies, impact on contractors or offerors. Latvia
‘‘$180,000’’ in its place. produced or manufactured in the is added to the list of 26 other countries
Republic of Latvia. The agreement that have similar reciprocal defense
252.225–7018 [Amended] removes discriminatory barriers to procurement agreements with DoD.
■ 7. Amend section 252.225–7018 by— procurements of supplies and services These requirements affect only the
■ a. Removing clause date ‘‘(JAN 2016)’’ produced by industrial enterprises of internal operating procedures of the
and adding ‘‘(JAN 2018)’’ in its place; the other country to the extent mutually Government.
■ b. In paragraph (b)(1) introductory beneficial and consistent with national
sradovich on DSK3GMQ082PROD with RULES

laws, regulations, policies, and IV. Executive Orders 12866 and 13563
text, removing ‘‘$191,000’’ and adding
‘‘$180,000’’ in its place; international obligations. This Executive Order (E.O.) 12866,
■ c. In paragraph (b)(2), removing agreement does not cover construction Regulatory Planning and Review, and
‘‘$191,000’’ and adding ‘‘$180,000’’ in or construction material. Latvia is E.O. 13563, Improving Regulation and
its place; already a designated country under the Regulatory Review, direct agencies to
■ d. In paragraphs (d)(3) and (4) World Trade Organization Government assess all costs and benefits of available
introductory text, removing ‘‘$77,533’’ Procurement Agreement. regulatory alternatives and, if regulation

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Document Modified: 2017-12-28 00:44:23

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: January 1, 2018.
Contact		Ms. Amy G. Williams, 571-372-6106.
FR Citation		82 FR 61481
RIN Number		0750-AJ65
CFR Citation		48 CFR 225 48 CFR 252

82 FR 61481 - Defense Federal Acquisition Regulation Supplement: Trade Agreements Thresholds (DFARS Case 2018-D001)

DEPARTMENT OF DEFENSEDefense Acquisition Regulations System

Federal Register Volume 82, Issue 248 (December 28, 2017)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System