[Federal Register Volume 77, Number 99 (Tuesday, May 22, 2012)]
[Rules and Regulations]
[Pages 30356-30359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11558]



[[Page 30355]]

Vol. 77

Tuesday,

No. 99

May 22, 2012

Part II





Department of Defense





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Defense Acquisition Regulations System





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48 CFR Parts 204, 212, 225, et al.





Defense Federal Acquisition Regulation Supplements; Final Rules

  Federal Register / Vol. 77 , No. 99 / Tuesday, May 22, 2012 / Rules 
and Regulations  

[[Page 30356]]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 225 and 252

RIN 0750-AH69


Defense Federal Acquisition Regulation Supplement: United States-
Korea Free Trade Agreement (DFARS Case 2012-D025)

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

ACTION: Interim rule.

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SUMMARY: DoD is issuing an interim rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to implement the United 
States-Korea Free Trade Agreement. The Republic of Korea is already 
party to the World Trade Organization Government Procurement Agreement.

DATES: Effective date: May 22, 2012.
    Comment Date: Comments on the interim rule should be submitted in 
writing to the address shown below on or before July 23, 2012, to be 
considered in the formation of a final rule.

ADDRESSES: Submit comments identified by DFARS Case 2012-D025, using 
any of the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by entering ``DFARS Case 
2012-D025'' under the heading ``Enter keyword or ID'' and selecting 
``Search.'' Select the link ``Submit a Comment'' that corresponds with 
``DFARS Case 2012-D025.'' Follow the instructions provided at the 
``Submit a Comment'' screen. Please include your name, company name (if 
any), and ``DFARS Case 2012-D025'' on your attached document.
     Email: [email protected]. Include DFARS Case 2012-D025 in the 
subject line of the message.
     Fax: 571-372-6094.
     Mail: Defense Acquisition Regulations System, Attn: (Ms. 
Amy Williams), OUSD (AT&L) DPAP/DARS, Room 3B855, 3060 Defense 
Pentagon, Washington, DC 20301-3060.
    Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To 
confirm receipt of your comment(s), please check www.regulations.gov, 
approximately two to three days after submission to verify posting 
(except allow 30 days for posting of comments submitted by mail).

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition 
Regulations System, OUSD (AT&L) DPAP/DARS, Room 3B855, 3060 Defense 
Pentagon, Washington, DC 20301-3060. Telephone: 571-372-6106.

SUPPLEMENTARY INFORMATION:

I. Background

    This interim rule amends DFARS part 225 and the corresponding 
provisions and clauses in DFARS part 252 to implement the United 
States-Korea Free Trade Agreement (see the United States-Korea Free 
Trade Agreement Implementation Act (Pub. L. 112-41) (19 U.S.C. 3805 
note)).
    The Republic of Korea is already party to the World Trade 
Organization Government Procurement Agreement (WTO GPA). This Free 
Trade Agreement (FTA) now covers acquisition of supplies and services 
between $100,000 and the current WTO GPA threshold of $202,000, 
lowering the threshold for--
     Waiver of the applicability of the Buy American statute 
(41 U.S.C. chapter 83) for some foreign supplies and construction 
materials from the Republic of Korea; and
     Applicability of specified procurement procedures designed 
to ensure fairness in the acquisition of supplies and services (see FAR 
25.408). These obligations include, among others, that an agency shall 
not impose the condition that, in order for an offeror to be allowed to 
submit an offer or be awarded a contract, the offeror has been 
previously awarded one or more contracts by an agency of the United 
States Government or that the offeror has prior work experience in the 
United States (see FAR 15.305(a)(2)(iv)).

II. Discussion and Analysis

    This interim rule adds the Republic of Korea to the definition of 
``Free Trade Agreement country'' in multiple locations in the DFARS. 
The Republic of Korea was already listed as a designated country 
because it is party to the WTO GPA. The excluded services for Korea FTA 
are the same as for the WTO GPA. By implementation of this Korea FTA, 
eligible goods and services from Korea are now covered when valued at 
or above $100,000, rather than at or above the WTO GPA threshold of 
$202,000. The threshold for the Korea FTA for construction is the same 
as the threshold for the WTO GPA for construction.
    The Korea FTA $100,000 threshold for supplies and services is 
higher than the threshold for supplies and services for most of the 
FTAs ($77,494), but not as high as the Bahrain, Morocco, and Peru FTA 
threshold for supplies and services ($202,000). Therefore, new 
alternates are required for the provision and clause for acquisition of 
photovoltaic devices (DFARS 252.225-7017 and 252.225-7018) and the Buy 
American Act--Free Trade Agreements--Balance of Payments Program 
provision and clause (DFARS 252.225-7035 and 252.225-7036) to cover 
acquisitions that are valued at $77,494 or more but less than $100,000. 
In that dollar range, all FTAs are applicable, except for the Bahrain, 
Korea, Morocco, and Peru FTAs.
    Because the Korea FTA construction threshold of $7,777,000 is the 
same as the WTO GPA threshold, no new clause alternates are required 
for the Balance of Payments Program--Construction Material under Trade 
Agreements clause (DFARS 252.225-7045).
    There are also conforming changes to the clause prescriptions at 
DFARS 225.1101, Alternate A, Annual Representations and Certifications, 
and DFARS 252.212-7001, Contract Terms and Conditions required to 
Implement Statutes or Executive Orders Applicable to Defense 
Acquisitions of Commercial Items.
    A minor correction was made to paragraph (c) of DFARS 252.225-7036, 
Buy American Act--Free Trade Agreements--Balance of Payments Program to 
add Peruvian end products to the list of end products not covered by 
the clause. The definition of ``Peruvian end products'' had been added 
to paragraph (a), but was not then added in paragraph (c). This makes 
paragraph (c) consistent with the trade agreement thresholds specified 
in FAR 25.402(b), as already implemented in paragraph (c) of Alternate 
II to DFARS 252.225-7036, as well as in the basic provision at DFARS 
252.225-7035 and its Alternate II.

III. 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.

[[Page 30357]]

IV. Regulatory Flexibility Act

    DoD does not expect this rule to have a significant economic impact 
on a substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 601, et seq. Korea is already a 
designated country under the WTO GPA. Although the rule now opens up 
Government procurement to the goods and services of Korea at or above 
the threshold of $100,000, DoD does not anticipate any significant 
economic impact on U.S. small businesses. The Department of Defense 
only applies the trade agreements to the non-defense items listed at 
DFARS 225.401-70, and acquisitions that are set aside or provide other 
forms of preference for small businesses are exempt. FAR 19.502-2 
states that acquisitions that do not exceed $150,000 (except as 
described in paragraph (1) of the definition of ``simplified 
acquisition threshold'' at FAR 2.101) are automatically reserved 
exclusively for small business concerns, unless the contracting officer 
determines that there is not a reasonable expectation of obtaining 
offers from two or more responsible small business concerns.
    DoD invites comments from small business concerns and other 
interested parties on the expected impact of this rule on small 
entities.
    DoD will also consider comments from small entities concerning the 
existing regulations in subparts affected by the rule in accordance 
with 5 U.S.C. 610. Interested parties must submit such comments 
separately and should cite 5 U.S.C. 610 (DFARS Case 2012-D025), in 
correspondence.

V. Paperwork Reduction Act

    This rule affects the certification and information collection 
requirements in the provisions at DFARS 252.225-7020 and 252.225-7035, 
currently approved under OMB Control Number 0704-0229, titled Defense 
Federal Acquisition Regulation Supplement part 225, Foreign 
Acquisition, and related clauses, in accordance with the Paperwork 
Reduction Act (44 U.S.C. chapter 35). The impact, however, is 
negligible, because it is just a question of under which category 
offered goods from the Republic of Korea would be listed. The rule also 
affects DFARS 252.225-7018, which is a variant of the Buy American-
trade agreements certifications already approved, which was issued as 
an interim rule under DFARS Case 2011-D046 (76 FR 78858, December 20, 
2011).

VI. Determination To Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense that urgent and compelling reasons exist to promulgate this 
interim rule without prior opportunity for public comment. This action 
is necessary because the FTA with the Republic of Korea, for which the 
President signed the implementing legislation into law on October 21, 
2011 (Pub. L. 112-041), entered into force on March 15, 2012. This is a 
reciprocal agreement, approved by Congress and the President of the 
United States. It is important for the United States Government to 
honor its new trade obligations to the Republic of Korea, as the 
Republic of Korea in turn honors its new trade obligations to the 
United States. However, pursuant to 41 U.S.C. 1707 and FAR 1.501-3(b), 
DoD will consider public comments received in response to this interim 
rule in the formation of the final rule.

List of Subjects in 48 CFR Parts 225 and 252

    Government procurement.

Ynette R. Shelkin,
Editor, 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. Section 225.1101 is amended by:
0
a. Adding paragraphs (10)(v) and (vi);
0
b. In paragraph (11)(i)(A), removing ``$77,494'' and adding 
``$100,000'' in its place; and
0
c. Adding paragraph 11(i)(C).
    The additions read as follows:


225.1101  Acquisition of supplies.

* * * * *
    (10) * * *
    (v) Use the provision with its Alternate IV when the clause at 
252.225-7036 is used with its Alternate IV.
    (vi) Use the provision with its Alternate V when the clause at 
252.225-7036 is used with its Alternate V.
    (11)(i) * * *
    (C) Use the clause with its Alternate IV when the estimated value 
equals or exceeds $77,494 but is less than $100,000, except if the 
acquisition is of end products in support of operations in Afghanistan, 
use with its Alternate V.
* * * * *

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. Section 252.204-7007 is amended by removing the clause date ``(MAR 
2012)'' and adding ``(MAY 2012)'' in its place and revising paragraph 
(d)(2)(vi) to read as follows:


252.204-7007  Alternate A, Annual Representations and Certifications.

* * * * *
    (d) * * *
    (2) * * *
    ------ (vi) 252.225-7035, Buy American Act--Free Trade Agreements--
Balance of Payments Program Certificate.
    ------ Use with Alternate I.
    ------ Use with Alternate II.
    ------ Use with Alternate III.
    ------ Use with Alternate IV.
    ------ Use with Alternate V.
* * * * *
0
4. Section 252.212-7001 is amended by removing the clause date ``(APR 
2012)'' and adding ``(MAY 2012)'' in its place, revising paragraphs 
(b)(12) and (b)(13)(i), and revising paragraph (b)(16) to read as 
follows:


252.212-7001  Contract Terms and Conditions Required to Implement 
Statutes or Executive Orders Applicable to Defense Acquisitions of 
Commercial Items.

* * * * *
    (b) * * *
    (12) ------ 252.225-7017, Photovoltaic Devices (MAY 2012) (Section 
846 of Pub. L. 111-383).
    (13)(i) ------ 252.225-7021, Trade Agreements (MAY 2012) (19 U.S.C. 
2501-2518 and 19 U.S.C. 3301 note).
* * * * *
    (16)(i) ------ 252.225-7036, Buy American Act--Free Trade 
Agreements--Balance of Payments Program (MAY 2012) (41 U.S.C. chapter 
83 and 19 U.S.C. 3301 note).
    (ii) ------ Alternate I (OCT 2011) of 252.225-7036.
    (iii) ------ Alternate II (OCT 2011) of 252.225-7036.
    (iv) ------ Alternate III (OCT 2011) of 252.225-7036.
    (v) ------ Alternate IV (MAY 2012) of 252.225-7036.
    (vi) ------ Alternate V (MAY 2012) of 252.225-7036.
* * * * *

0
5. Section 252.225-7017 is amended by--
0
a. Removing the clause date ``(MAR 2012)'' and adding ``(MAY 2012)'' in 
its place;

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0
b. In paragraph (a), in the definition of ``Designated country'', 
revising paragraph (ii);
0
c. In paragraph (a), revising the definition of ``Free Trade Agreement 
country'' and adding, in alphabetical order, the definition of ``Korean 
photovoltaic device'';
0
d. Redesignating paragraphs (c)(3) and (c)(4) as paragraphs (c)(4) and 
(c)(5), and adding newly designated paragraph (c)(3); and
0
e. In newly designated paragraph (c)(4), removing ``$77,494'' and 
adding ``$100,000'' in its place.
    The additions and revisions read as follows:


252.225-7017  Photovoltaic Devices.

* * * * *
    (a) * * *
    (ii) A Free Trade Agreement country (Australia, Bahrain, Canada, 
Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, 
Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Peru, or 
Singapore);
* * * * *
    Free Trade Agreement country means Australia, Bahrain, Canada, 
Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, 
Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Peru, or 
Singapore.
* * * * *
    Korean photovoltaic device means an article that--
    (i) Is wholly manufactured in Korea; or
    (ii) In the case of an article that consists in whole or in part of 
materials from another country, has been substantially transformed in 
Korea (Republic of) into a new and different article of commerce with a 
name, character, or use distinct from that of the article or articles 
from which it was transformed.
* * * * *
    (c) * * *
    (3) $77,494 or more but less than $100,000, then the Contractor 
shall utilize under this contract only domestic photovoltaic devices, 
qualifying country photovoltaic devices, or Free Trade Agreement 
country photovoltaic devices (other than Bahrainian, Korean, Moroccan, 
or Peruvian photovoltaic devices), unless, in its offer, it specified 
utilization of other foreign photovoltaic devices in paragraph 
(c)(4)(ii) of the Photovoltaic Devices--Certificate provision of the 
solicitation. If the Contractor certified in its offer that it will 
utilize a qualifying country photovoltaic device or a Free Trade 
Agreement country photovoltaic device (other than a Bahrainian, Korean, 
Moroccan, or Peruvian photovoltaic device), the Contractor shall 
utilize a qualifying country photovoltaic device; a Free Trade 
Agreement country photovoltaic device (other than a Bahrainian, Korean, 
Moroccan, or Peruvian photovoltaic device), or, at the Contractor's 
option, a domestic photovoltaic device;
* * * * *

0
6. Section 252.225-7018 is amended by--
0
a. Removing the clause date ``(MAR 2012)'' and adding ``(MAY 2012)'' in 
its place;
0
b. In paragraph (a), removing ``Free Trade Agreement photovoltaic 
device, least developed country photovoltaic device,'' and adding 
``Free Trade Agreement photovoltaic device, Korean photovoltaic device, 
least developed country photovoltaic device'' in its place;
0
c. Redesignating paragraphs (c)(4) and (c)(5) as paragraphs (c)(5) and 
(c)(6), and adding newly designated paragraph (c)(4); and
0
d. In newly designated paragraph (c)(5), removing ``$77,494'' and 
adding ``$100,000'' in its place.
    The additions and revisions read as follows:


252.225-7018  Photovoltaic Devices--Certificate.

* * * * *
    (c) * * *
    (4) If $77,494 or more but less than $100,000--
    ---- (i) The offeror certifies that each photovoltaic device to be 
utilized in performance of the contract is a domestic photovoltaic 
device; a qualifying country (except Australian or Canadian) 
photovoltaic device; a Free Trade Agreement country photovoltaic device 
(other than a Bahrainian, Korean, Moroccan, or Peruvian photovoltaic 
device) [Offeror to specify country of origin ------------]; or
    ---- (ii) The offered foreign photovoltaic devices (other than 
those from countries listed in paragraph (c)(4)(i) of this provision) 
are the product of ------------. [Offeror to specify country of origin, 
if known, and provide documentation that the cost of a domestic 
photovoltaic device. would be unreasonable in comparison to the cost of 
the proposed foreign photovoltaic device.]
* * * * *


252.225-7021  [Amended]

0
7. Section 252.225-7021 is amended by--
0
a. Removing the clause date ``(JAN 2012)'' and adding ``(MAY 2012)'' in 
its place; and
0
b. In paragraph (a), in the definition of ``Designated country'', 
paragraph (ii), removing ``Guatemala, Honduras, Mexico'' and adding 
``Guatemala, Honduras, Korea (Republic of), Mexico'' in its place.

0
8. Section 252.225-7035 is amended by adding Alternates IV and V to 
read as follows:


252.225-7035  Buy American Act--Free Trade Agreements--Balance of 
Payments Program Certificate.

* * * * *
    ALTERNATE IV (MAY 2012) As prescribed in 225.1101(10)(v), add a 
definition of ``Korean end product'' in paragraph (a) of the basic 
provision; substitute the phrase ``Free Trade Agreement country end 
products other than Bahrainian end products, Korean end products, 
Moroccan end products, or Peruvian end products'' for the phrase ``Free 
Trade Agreement country end products other than Bahrainian end 
products, Moroccan end products, or Peruvian end products'' in 
paragraphs (b)(2) and (c)(2)(ii) of the basic provision.
    ALTERNATE V (MAY 2012) As prescribed in 225.1101(10)(vi), 
substitute the following paragraphs (a), (b)(2), (c)(2)(i), and 
(c)(2)(ii) for paragraphs (a), (b)(2), (c)(2)(i), and (c)(2)(ii) of the 
basic clause:
    (a) Definitions. Bahrainian end product, commercially available 
off-the-shelf (COTS) item, component, domestic end product, Free Trade 
Agreement country, Free Trade Agreement country end product, foreign 
end product, Korean end product, Moroccan end product, Peruvian end 
product, qualifying country end product, South Caucasus/Central and 
South Asian (SC/CASA) state end product, and United States, as used in 
this provision, have the meanings given in the Buy American Act--Free 
Trade Agreements--Balance of Payments Program clause of this 
solicitation.
    (b)(2) For line items subject to Free Trade Agreements, will 
evaluate offers of qualifying country end products, SC/CASA state end 
products, or Free Trade Agreement end products other than Bahrainian 
end products, Korean end products, Moroccan end products, or Peruvian 
end products without regard to the restrictions of the Buy American Act 
or the Balance of Payments Program.
    (c)(2)(i) The offeror certifies that the following supplies are 
qualifying country (except Australian or Canadian) or SC/CASA state end 
products:


(Line Item Number)

(Country of Origin)


[[Page 30359]]


    (ii) The offeror certifies that the following supplies are Free 
Trade Agreement country end products other than Bahrainian end 
products, Korean end products, Moroccan end products, or Peruvian end 
products:

(Line Item Number)

(Country of Origin)


0
9. Section 252.225-7036 is amended by--
0
a. Removing the clause date ``(OCT 2011)'' and adding ``(MAY 2012)'' in 
its place;
0
b. In paragraph (a) in the definition of ``Free Trade Agreement 
country'', removing ``Guatemala, Honduras, Mexico,'' and adding 
``Guatemala, Honduras, Korea (Republic of), Mexico'' in its place;
0
c. Revising paragraph (c); and
0
d. Adding Alternates IV and V.

The additions and revisions read as follows:


252.225-7036  Buy American Act--Free Trade Agreements--Balance of 
Payments Program.

* * * * *
    (c) The Contractor shall deliver under this contract only domestic 
end products unless, in its offer, it specified delivery of qualifying 
country end products, Free Trade Agreement country end products other 
than Bahrainian end products, Moroccan end products, or Peruvian end 
products, or other foreign end products in the Buy American Act--Free 
Trade Agreements--Balance of Payments Program Certificate provision of 
the solicitation. If the Contractor certified in its offer that it will 
deliver a qualifying country end product or a Free Trade Agreement 
country end product other than a Bahrainian end product, a Moroccan end 
product, or a Peruvian end product, the Contractor shall deliver a 
qualifying country end product, a Free Trade Agreement country end 
product other than a Bahrainian end product, a Moroccan end product, or 
a Peruvian end product, or, at the Contractor's option, a domestic end 
product.
* * * * *

ALTERNATE IV (MAY 2012)

    As prescribed in 225.1101(11)(i)(C), add the following 
definition to paragraph (a) and substitute the following paragraph 
(c) for paragraph (c) of the basic clause:
    (a) Korean end product means an article that--
    (i) Is wholly the growth, product, or manufacture of Korea; or
    (ii) In the case of an article that consists in whole or in part 
of materials from another country, has been substantially 
transformed in Korea (Republic of) into a new and different article 
of commerce with a name, character, or use distinct from that of the 
article or articles from which it was transformed. The term refers 
to a product offered for purchase under a supply contract, but for 
purposes of calculating the value of the end product, includes 
services (except transportation services) incidental to its supply, 
provided that the value of those incidental services does not exceed 
the value of the product itself.
    (c) The Contractor shall deliver under this contract only 
domestic end products unless, in its offer, it specified delivery of 
qualifying country end products, Free Trade Agreement country end 
products other than Bahrainian end products, Korean end products, 
Moroccan end products, or Peruvian end products, or other foreign 
end products in the Buy American Act--Free Trade Agreements--Balance 
of Payments Program Certificate provision of the solicitation. If 
the Contractor certified in its offer that it will deliver a 
qualifying country end product or a Free Trade Agreement country end 
product other than a Bahrainian end product, a Korean end product, a 
Moroccan end product, or a Peruvian end product, the Contractor 
shall deliver a qualifying country end product, a Free Trade 
Agreement country end product other than a Bahrainian end product, a 
Korean end product, a Moroccan end product, or a Peruvian end 
product, or, at the Contractor's option, a domestic end product.

ALTERNATE V (MAY 2012)

    As prescribed in 225.1101(11)(i)(C), add the following new 
definitions to paragraph (a) and substitute the following paragraph 
(c) for paragraph (c) of the basic clause:
    (a) Korean end product means an article that--
    (i) Is wholly the growth, product, or manufacture of Korea; or
    (ii) In the case of an article that consists in whole or in part 
of materials from another country, has been substantially 
transformed in Korea (Republic of) into a new and different article 
of commerce with a name, character, or use distinct from that of the 
article or articles from which it was transformed. The term refers 
to a product offered for purchase under a supply contract, but for 
purposes of calculating the value of the end product, includes 
services (except transportation services) incidental to its supply, 
provided that the value of those incidental services does not exceed 
the value of the product itself.
    South Caucasus/Central and South Asian (SC/CASA) state means 
Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, Pakistan, 
Tajikistan, Turkmenistan, or Uzbekistan.
    South Caucasus/Central and South Asian (SC/CASA) state end 
product means an article that--
    (i) Is wholly the growth, product, or manufacture of an SC/CASA 
state; or
    (ii) In the case of an article that consists in whole or in part 
of materials from another country, has been substantially 
transformed in an SC/CASA state into a new and different article of 
commerce with a name, character, or use distinct from that of the 
article or articles from which it was transformed. The term refers 
to a product offered for purchase under a supply contract, but for 
purposes of calculating the value of the end product, includes 
services (except transportation services) incidental to its supply, 
provided that the value of those incidental services does not exceed 
the value of the product itself.
    (c) The Contractor shall deliver under this contract only 
domestic end products unless, in its offer, it specified delivery of 
qualifying country end products, SC/CASA state end products, Free 
Trade Agreement country end products other than Bahrainian end 
products, Korean end products, Moroccan end products, or Peruvian 
end products, or other foreign end products in the Buy American 
Act--Free Trade Agreements--Balance of Payments Program Certificate 
provision of the solicitation. If the Contractor certified in its 
offer that it will deliver a qualifying country end product, SC/CASA 
state end products, or a Free Trade Agreement country end product 
other than a Bahrainian end product, a Korean end product, a 
Moroccan end product, or a Peruvian end product, the Contractor 
shall deliver a qualifying country end product, an SC/CASA state end 
product, a Free Trade Agreement country end product other than a 
Bahrainian end product, a Korean end product, a Moroccan end 
product, or a Peruvian end product or, at the Contractor's option, a 
domestic end product.

252.225-7045  [Amended]

0
10. Section 252.225-7045 is amended by--
0
a. Removing the clause date ``(JAN 2012)'' and adding ``(MAY 2012)'' in 
its place; and
0
b. In paragraph (a) in the definition of ``Designated country'', 
amending paragraph (2) by removing ``Guatemala, Honduras, Mexico'' and 
adding ``Guatemala, Honduras, Korea (Republic of), Mexico'' in its 
place.

[FR Doc. 2012-11558 Filed 5-21-12; 8:45 am]
BILLING CODE 5001-06-P