[Federal Register Volume 77, Number 42 (Friday, March 2, 2012)]
[Rules and Regulations]
[Pages 12935-12937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4495]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 22, 25, and 52

[FAC 2005-56; FAR Case 2011-030; Item VI; Docket 2011-0030, Sequence 1]
RIN 9000-AM16


Federal Acquisition Regulation; New Designated Country (Armenia) 
and Other Trade Agreements Updates

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

ACTION: Final rule.

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SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the 
Federal Acquisition Regulation (FAR) to add Armenia as a designated 
country, due to the accession of Armenia to membership in the World 
Trade Organization Government Procurement Agreement. The rule also 
updates the FAR lists of countries that are party to the Agreement on 
Trade in Civil Aircraft.

DATES: Effective Date: March 2, 2012.

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 at 202-501-4755. Please cite FAC 2005-56, FAR Case 2011-
030.

SUPPLEMENTARY INFORMATION:

I. Background

    On September 15, 2011, Armenia became a party to the World Trade 
Organization Government Procurement Agreement (WTO GPA). 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 waiver authority to the U.S. 
Trade Representative (see FAR 25.402).
    On September 22, 2011, because Armenia became a party to the WTO 
GPA and because the U.S. Trade Representative has determined that 
Armenia will provide appropriate reciprocal competitive Government 
procurement opportunities to United States products and services and 
suppliers of such products and services, the U.S. Trade Representative 
published a notice in the Federal Register (76 FR 58856) waiving the 
Buy American Act and other discriminatory provisions for eligible 
products from Armenia.
    In addition, the Office of the U.S. Trade Representative has 
provided an updated list of countries that are 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 on Civil Aircraft.

II. Discussion and Analysis

    FAR 25.003 defines WTO GPA countries by listing the parties to the 
WTO GPA, and defines ``designated country'' as a WTO GPA country, a 
Free Trade Agreement country, a least designated country, or a 
Caribbean Basin country (including the lists of countries in each 
category).
    Because Armenia is now a WTO GPA country and therefore also a 
designated country, as determined by the U.S. Trade Representative, 
this final rule adds Armenia to the lists of WTO GPA countries and 
designated countries at FAR 22.1503, 25.003, 52.222-19, 52.225-5, 
52.225-11, and 52.225-23.
    This final rule also updates the FAR lists of countries that are 
party to the Agreement on Trade in Civil Aircraft at FAR 25.407 and 
52.225-7, Waiver of Buy American Act for Civil Aircraft and Related 
Articles.
    Conforming changes have also been made to the associated clause 
dates for the revised clauses in the lists at FAR 52.212-5, Contract 
Terms and Conditions Required to Implement Statutes or Executive 
Orders--Commercial Items, and FAR 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 which 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 recognizes actions taken by the United States Trade 
Representative that do not have a significant effect on contractors or 
offerors.

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 a significant regulatory action and, therefore, was 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

    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall any person be subject to a penalty for failure 
to comply with a collection of information subject to the requirements 
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) unless 
the collection of information displays a currently valid Office of 
Management and Budget (OMB) Control Number. The Paperwork

[[Page 12936]]

Reduction Act does apply, because the final rule affects the 
certification and information collection requirement in the provision 
at FAR 52.225-11, Buy American Act--Construction Materials Under Trade 
Agreements, currently approved under OMB clearance 9000-0141, Buy 
American Act--Construction. The FAR Council has determined that the 
impact on the approved paperwork burden is negligible. Comments 
regarding the burden estimates or any other aspect of this collection 
of information, including suggestions for reducing the burden, in 
response to approved OMB clearance 9000-0141, should be sent, not later 
than May 1, 2012 to: FAR Desk Officer, OMB, Room 10102, NEOB, 
Washington, DC 20503, and a copy to the General Services 
Administration, Regulatory Secretariat Division (MVCB), Attn: Hada 
Flowers, 1275 First Street, NE., 7th Floor, Washington, DC 20417.
    Requesters may obtain a copy of the supporting statement for the 
burden approved under OMB clearance 9000-0141 from the General Services 
Administration, Regulatory Secretariat (MVCB), Attn: Hada Flowers, 1275 
First Street, NE., 7th Floor, Washington, DC 20417. Please cite OMB 
Control Number 9000-0141, Buy American Act--Construction, in all 
correspondence.

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

    Government procurement.

    Dated: February 21, 2012.
Laura Auletta,
Director, Office of Governmentwide Acquisition Policy, Office of 
Acquisition Policy, Office of Governmentwide 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 42 
U.S.C. 2473(c).

PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS


22.1503  [Amended]

0
2. Amend section 22.1503 by removing from paragraph (b)(4) the word 
``Aruba,'' and adding the words ``Armenia, Aruba,'' in its place.

PART 25--FOREIGN ACQUISITION


25.003  [Amended]

0
3. Amend section 25.003 by removing from paragraph (1) of the 
definition ``Designated country'', and the definition ``World Trade 
Organization Government Procurement Agreement (WTO GPA) country'' the 
word ``Aruba,'' and adding the words ``Armenia, Aruba,'' in their 
place.
0
4. Revise section 25.407 to read as follows:


25.407  Agreement on Trade in Civil Aircraft.

    Under the authority of Section 303 of the Trade Agreements Act, the 
U.S. Trade Representative has waived the Buy American Act for civil 
aircraft and related articles that meet the substantial transformation 
test of the Trade Agreements Act, from countries that are parties to 
the Agreement on Trade in Civil Aircraft. Those countries are Albania, 
Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, 
Egypt, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, 
Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Macao China, 
Malta, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, 
Slovenia, Spain, Sweden, Switzerland, Taiwan (Chinese Taipei), and the 
United Kingdom.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
5. Amend section 52.212-5 by revising the date of the clause, and 
paragraphs (b)(27) and (b)(41) 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 APR 2012

* * * * *
    (b) * * *
    -- (27) 52.222-19, Child Labor--Cooperation with Authorities and 
Remedies APR 2012 (E.O. 13126).
* * * * *
    -- (41) 52.225-5, Trade Agreements APR 2012 (19 U.S.C. 2501, et 
seq., 19 U.S.C. 3301 note).
* * * * *

0
6. Amend section 52.213-4 by revising the date of the clause and 
paragraph (b)(1)(i) 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) APR 2012

* * * * *
    (b) * * *
    (1) * * *
    (i) 52.222-19, Child Labor--Cooperation with Authorities and 
Remedies APR 2012 (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 to read 
as set forth below; and removing from paragraph (a)(4) the word 
``Aruba,'' and adding the words ``Armenia, Aruba,'' in its place.


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

* * * * *

CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES APR 2012

* * * * *

0
8. Amend section 52.225-5 by revising the date of the clause to read as 
set forth below; and in paragraph (a) removing from paragraph (1) of 
the definition ``Designated country'' the word ``Aruba,'' and adding 
the words ``Armenia, Aruba,'' in its place.


52.225-5  Trade Agreements.

* * * * *

TRADE AGREEMENTS APR 2012

* * * * *

0
9. Amend section 52.225-7 by revising the date of the provision, and 
the second sentence of paragraph (b) to read as follows:


52.225-7  Waiver of Buy American Act for Civil Aircraft and Related 
Articles.

* * * * *

WAIVER OF BUY AMERICAN ACT FOR CIVIL AIRCRAFT AND RELATED ARTICLES APR 
2012

* * * * *
    (b) * * * Those countries are Albania, Austria, Belgium, 
Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Egypt, Estonia, 
Finland, France, Georgia, Germany, Greece, Hungary, Ireland, Italy, 
Japan, Latvia, Lithuania, Luxembourg, Macao China, Malta, the 
Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, 
Spain, Sweden, Switzerland, Taiwan (Chinese Taipei), and the United 
Kingdom.
* * * * *

0
10. Amend section 52.225-11 by revising the date of the clause to read 
as set forth below; and in paragraph (a) removing from paragraph (1) of 
the definition ``Designated country'' the

[[Page 12937]]

word ``Aruba,'' and adding the words ``Armenia, Aruba,'' in its place.


52.225-11  Buy American Act--Construction Materials Under Trade 
Agreements.

* * * * *

BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS APR 
2012

* * * * *

0
11. Amend section 52.225-23 by revising the date of the clause to read 
as set forth below; and in paragraph (a) removing from paragraph (1) of 
the definition ``Designated country'' and paragraph (1) of the 
definition ``Recovery Act designated country'' the word ``(Aruba,'' and 
adding the words ``(Armenia, Aruba,'' in its place.


52.225-23  Required Use of American Iron, Steel, and Manufactured 
Goods--Buy American Act--Construction Materials Under Trade Agreements.

* * * * *

REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS--BUY 
AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS APR 2012

* * * * *
[FR Doc. 2012-4495 Filed 3-1-12; 8:45 am]
BILLING CODE 6820-EP-P