[Federal Register Volume 69, Number 117 (Friday, June 18, 2004)]
[Rules and Regulations]
[Pages 34239-34240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13623]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 22, 25, and 52

[FAC 2001-24; FAR Case 2004-008; Item VI]
RIN 9000-AJ96


Federal Acquisition Regulation; Designated Countries--New 
European Communities Member States

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council

[[Page 34240]]

(Councils) have agreed on a final rule amending the Federal Acquisition 
Regulation (FAR) to implement a determination by the United States 
Trade Representative (USTR) under the Trade Agreements Act that 
suppliers from the 10 new member states of the European Communities 
(EC) (i.e., the European Union) are eligible to participate in U.S. 
Government procurement under the terms and conditions of the World 
Trade Organization Government Procurement Agreement (WTO GPA).

DATES: Effective Date: June 18, 2004.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501-4755 
for information pertaining to status or publication schedules. For 
clarification of content, contact Ms. Cecelia Davis, Procurement 
Analyst, at (202) 219-0202. Please cite FAC 2001-24, FAR case 2004-008.

SUPPLEMENTARY INFORMATION:

A. Background

    As of May 1, 2004, Cyprus, the Czech Republic, Estonia, Hungary, 
Latvia, Lithuania, Malta, Poland, the Slovak Republic, and Slovenia 
have joined the EC. The EC has notified the other WTO GPA parties of 
its intention that the WTO GPA is binding on the new EC Member States 
as of May 1, 2004. The USTR has determined under the Trade Agreements 
Act that suppliers from these countries are eligible to participate in 
U.S. Government procurement under the terms and conditions of the WTO 
GPA (69 FR 25654, May 7, 2004). Therefore, these countries have been 
added to the list of designated countries at FAR 25.003, 52.225-5, and 
52.225-11, as well as the list of countries subject to the WTO GPA at 
FAR 22.1503 and 52.222-19. Corresponding changes have also been made to 
the clause dates in the list of clauses at 52.212-5, Contract Terms and 
Conditions Required to Implement Statutes or Executive Orders--
Commercial Items.
    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule. This 
final rule does not constitute a significant FAR revision within the 
meaning of FAR 1.501 and Public Law 98-577, and publication for public 
comments is not required. However, the Councils will consider comments 
from small entities concerning the affected FAR Parts 22, 25, and 52 in 
accordance with 5 U.S.C. 610.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose information collection requirements that require 
the approval of the Office of Management and Budget under 44 U.S.C. 
3501, et seq.

List of Subjects in 48 CFR Parts 22, 25, and 52

    Government procurement.

    Dated: June 10, 2004.
Ralph J. De Stefano,
Acting Director, Acquisition Policy Division.


0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 22, 25, and 52 as set 
forth below:
0
1. The authority citation for 48 CFR parts 22, 25, and 52 is revised to 
read as follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

0
2. Amend section 22.1503 by revising paragraph (b)(4) to read as 
follows:


22.1503  Procedures for acquiring end products on the List of Products 
Requiring Contractor Certification as to Forced or Indentured Child 
Labor.

* * * * *
    (b) * * *
    (4) Aruba, Austria, Belgium, Cyprus, Czech Republic, Denmark, 
Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, 
Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, 
Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Singapore, 
Slovak Republic, Slovenia, Spain, Sweden, Switzerland, or the United 
Kingdom and the anticipated value of the acquisition is $175,000 or 
more (see 25.403(b)).
* * * * *

PART 25--FOREIGN ACQUISITION


25.003  Definitions.

0
3. Amend section 25.003 in the definition ``Designated country'' by 
adding, in alphabetical order, the countries ``Cyprus'', ``Czech 
Republic'', ``Estonia'', ``Hungary'', ``Latvia'', ``Lithuania'', 
``Malta'', ``Poland'', ``Slovak Republic'', and ``Slovenia''.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


52.212-5  [Amended]

0
4. Amend section 52.212-5 by revising the date of the clause to read 
``(Jun 2004)''; and by removing ``(Jan 2004)'' from paragraphs (b)(15) 
and (b)(24) of the clause and adding ``(Jun 2004)'' in their place.


52.213-4  [Amended]

0
5. Amend section 52.213-4 by revising the date of the clause to read 
``(Jun 2004)''; and by removing (Jan 2004)'' from paragraph (b)(1)(i) 
of the clause and adding ``(Jun 2004)'' in its place.
0
6. Amend section 52.222-19 by revising the date of the clause and 
paragraph (a)(4) of the clause to read as follows:


52.222-19  Child Labor--Cooperation with Authorities and Remedies.

* * * * *

Child Labor--Cooperation With Authorities and Remedies--(Jun 2004)

    (a) * * *
    (4) Aruba, Austria, Belgium, Cyprus, Czech Republic, Denmark, 
Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, 
Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, 
Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, 
Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, or 
the United Kingdom and the anticipated value of the acquisition is 
$175,000 or more.
* * * * *


52.225-5  [Amended]

0
7. Amend section 52.225-5 by revising the date of the clause to read 
``(Jun 2004)''; and in paragraph (a) of the clause, in the definition 
``Designated country'', by adding, in alphabetical order, the countries 
``Cyprus'', ``Czech Republic'', ``Estonia'', ``Hungary'', ``Latvia'', 
``Lithuania'', ``Malta'', ``Poland'', ``Slovak Republic'', and 
``Slovenia''.


52.225-11  [Amended]

0
8. Amend section 52.225-11 by revising the date of the clause to read 
``(Jun 2004)''; and in paragraph (a) of the clause, in the definition 
``Designated country'', by adding, in alphabetical order, the countries 
``Cyprus'', ``Czech Republic'', ``Estonia'', ``Hungary'', ``Latvia'', 
``Lithuania'', ``Malta'', ``Poland'', ``Slovak Republic'', and 
``Slovenia''.
[FR Doc. 04-13623 Filed 6-17-04; 8:45 am]
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