[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Rules and Regulations]
[Pages 76941-76942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31083]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 225 and 252

RIN 0750-AH82


Defense Federal Acquisition Regulation Supplement: New Qualifying 
Country--Poland (DFARS Case 2012-D049)

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

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to add Poland as a qualifying 
country.

DATES: Effective Date: December 31, 2012.

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

SUPPLEMENTARY INFORMATION:

I. Background

    DoD is amending the DFARS to add the Republic of Poland as a 
qualifying country. On August 27, 2011, the U.S. Secretary of Defense 
signed a new reciprocal defense procurement agreement with the Polish 
Minister of National Defense. This agreement was placed into force on 
July 19, 2012. The agreement removes discriminatory barriers to 
procurements of supplies and services produced by industrial 
enterprises of the other country to the extent mutually beneficial and 
consistent with national laws, regulations, policies, and international 
obligations. The agreement does not cover construction or construction 
material. Poland is already a designated country under the World Trade 
Organization Government Procurement Agreement.

II. 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 does not constitute a significant DFARS revision within the 
meaning of FAR 1.501-1, does not have a significant effect beyond the 
internal operating procedures of DoD, and will not have a significant 
cost or administrative impact on contractors or offerors. Poland is 
added to the list of 22 other countries that have similar reciprocal 
defense procurement agreements with DoD.

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 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.

IV. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule because 
this final rule does not constitute a significant DFARS revision within 
the meaning of FAR 1.501-1 and 41 U.S.C. 1707 does not require 
publication for public comment.

V. Paperwork Reduction Act

    This rule affects the certification and information collection 
requirements in the provisions at DFARS 252.225-7000 and 252.225-7035, 
currently approved under OMB Control Number 0704-0229, titled DFARS 
Part 225, Foreign Acquisition, and Associated Clauses, in accordance 
with the Paperwork Reduction Act (44 U.S.C. chapter 35). The impact, 
however, is negligible, because it merely shifts the category under 
which items from Poland must be listed.

[[Page 76942]]

List of Subjects in 48 CFR Parts 225 and 252

    Government procurement.

Manuel Quinones,
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 continue to read 
as follows:

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

PART 225--FOREIGN ACQUISITION


225.003  [Amended]

0
2. Section 225.003 is amended in paragraph (10), the definition of 
``qualifying country'' by adding in alphabetical order the country 
``Poland''.


225.872-1  [Amended]

0
3. Section 225.872-1 paragraph (a) is amended by adding, in 
alphabetical order, the country of ``Poland'' to the list of qualifying 
countries.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.212-7001  [Amended]

0
4. Section 252.212-7001 is amended as follows:
0
a. In the clause heading, by removing the clause date ``(NOV 2012)'' 
and adding ``(DEC 2012)'' in its place;
0
b. In paragraph (b)(6)(i), by removing the clause date ``(JUN 2012)'' 
and adding ``(DEC 2012)'' in its place;
0
c. In paragraph (b)(9) by revising the clause date to read ``(DEC 
2012);
0
d. In paragraph (b)(12), by removing the clause date ``(NOV 2012)'' and 
adding ``(DEC 2012)'' in its place;
0
e. In paragraph (b)(13)(i), by removing the clause date ``(NOV 2012)'' 
and adding ``(DEC 2012)'' in its place;
0
f. In paragraph (b)(16)(i), by removing the clause date ``(NOV 2012)'' 
and adding ``(DEC 2012)'' in its place;


252.225-7001  [Amended]

0
5. Section 252.225-7001 is amended as follows:
0
a. In the clause heading, by removing the clause date ``(JUN 2012)'' 
and adding ``(DEC 2012)'' in its place;
0
b. In paragraph (a), the definition of ``qualifying country'', by 
adding, in alphabetical order, the country of ``Poland'' to the list of 
qualifying countries.


252.225-7002  [Amended]

0
6. Section 252.225-7002 is amended as follows:
0
a. In the clause heading, by removing the clause date ``(JUN 2012)'' 
and adding ``(DEC 2012)'' in its place;
0
b. In paragraph (a), the definition of ``qualifying country'', by 
adding in alphabetical order the country of ``Poland'' to the list of 
qualifying countries.


252.225-7012  [Amended]

0
7. Section 252.225-7012 is amended as follows:
0
a. In the clause heading, by removing the clause date ``(JUN 2012)'' 
and adding ``(DEC 2012)'' in its place;
0
b. In paragraph (a), the definition of ``qualifying country'', by 
adding in alphabetical order the country of ``Poland'' to the list of 
qualifying countries.


252.225-7017  [Amended]

0
8. Section 252.225-7017 is amended as follows:
0
a. In the clause heading, by removing the clause date ``(NOV 2012)'' 
and adding ``(DEC 2012)'' in its place;
0
b. In paragraph (a), the definition of ``qualifying country'', by 
adding in alphabetical order the country of ``Poland'' to the list of 
qualifying countries.


252.225-7021  [Amended]

0
9. Section 252.225-7021 is amended as follows:
0
a. In the clause heading, by removing the clause date ``(NOV 2012)'' 
and adding ``(DEC 2012)'' in its place;
0
b. In paragraph (a), the definition of ``qualifying country'', by 
adding in alphabetical order the country of ``Poland'' to the list of 
qualifying countries.


252.225-7036  [Amended]

0
10. Section 252.225-7036 is amended as follows:
0
a. In the clause heading, by removing the clause date ``(NOV 2012)'' 
and adding ``(DEC 2012)'' in its place;
0
b. In paragraph (a), the definition of ``qualifying country'', by 
adding in alphabetical order the country of ``Poland'' to the list of 
qualifying countries.
[FR Doc. 2012-31083 Filed 12-28-12; 8:45 am]
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