[Federal Register Volume 78, Number 251 (Tuesday, December 31, 2013)]
[Rules and Regulations]
[Pages 79620-79621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30792]


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DEPARTMENT OF DEFENSE

Defense Acquisitions Regulations System

48 CFR Parts 225 and 252

RIN 0750-AI17


Defense Federal Acquisition Regulation Supplement; Trade 
Agreements Thresholds (DFARS Case 2013-D032)

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 incorporate increased 
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, 2014.

FOR FURTHER INFORMATION CONTACT: Ms. Annette Gray, (703) 602-6093.

SUPPLEMENTARY INFORMATION:

I. Background

    Every two years, the trade agreements thresholds are escalated 
according to a pre-determined formula set forth in the agreements. The 
United States Trade Representative has specified the following new 
thresholds in the Federal Register (78 FR 76700, December 18, 2013):

------------------------------------------------------------------------
                                     Supply contract      Construction
          Trade agreement              (equal to or     contract  (equal
                                        exceeding)     to or  exceeding)
------------------------------------------------------------------------
WTO GPA...........................            204,000          7,864,000
FTAs:
    Australia FTA.................             79,507          7,864,000
    Bahrain FTA...................            204,000         10,335,931
    CAFTA-DR (Costa Rica,                      79,507          7,864,000
     Dominican Republic, El
     Salvador, Guatemala,
     Honduras, and Nicaragua).....
    Chile FTA.....................             79,507          7,864,000
    Colombia FTA..................             79,507          7,864,000
    Korea FTA.....................            100,000          7,864,000

[[Page 79621]]

 
    Morocco FTA...................            204,000          7,864,000
NAFTA:
    --Canada......................             25,000         10,335,931
    --Mexico......................             79,507         10,335,931
    Panama FTA....................            204,000          7,864,000
    Peru FTA......................            204,000          7,864,000
    Singapore FTA.................             79,507          7,864,000
------------------------------------------------------------------------

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 implements 
the new thresholds in the clause prescriptions at DFARS 225.1101, 
225.7017-3, 225.7503 and in the clauses at 252.225-7017 and 252.225-
7018. These requirements affect only the internal operating procedures 
of the Government.

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 FAR revision within 
the meaning of FAR 1.501-1, and 41 U.S.C. 1707 and does not require 
publication for public comment.

V. Paperwork Reduction Act

    The rule does not contain any information collection requirements 
that require the approval of the Office of Management and Budget under 
the Paperwork Reduction Act (44 U.S.C. chapter 35).

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 continues to 
read as follows:

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

PART 225--FOREIGN CONTRACTING


225.1101  [Amended]

0
2. Section 225.1101 is amended--
0
a. In paragraph (10)(i) introductory text, by removing ``$202,000'' and 
adding ``$204,000'' in its place; and
0
b. In paragraphs (10)(i)(A), (10)(i)(B), and (10)(i)(C), by removing 
``$77,494'' and adding ``$79,507'' in its place.

0
3. Section 225.7017-3 is amended in paragraphs (b) and (c)(2), by 
removing ``$202,000'' and adding ``$204,000'' in its place.

0
4. Section 225.7503 is amended--
0
a. In paragraphs (a)(1) and (b)(1), by removing ``$7,777,000'' and 
adding ``$7,864,000'' in its place;
0
b. In paragraph (b)(2), by removing ``$7,777,000'' and adding 
``$7,864,000'' in its place, and by removing ``$10,074,262'' and adding 
``$10,335,931'' in its place.
0
c. In paragraph (b)(3) by removing ``$10,074,262'' and adding 
``$10,335,931'' in its place; and
0
d. In paragraph (b)(4) by removing ``$7,777,000'' and adding 
``$7,864,000'' in its place, and by removing ``$10,074,262'' and adding 
``$10,335,931'' in its place.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.225-7017  [Amended]

0
5. Section 252.225-7017 is amended--
0
a. By removing clause date ``(DEC 2013)'' and adding ``(JAN 2014)'' in 
its place.
0
b. In paragraphs (c)(2) and (c)(3), by removing ``$77,494'' and adding 
``$79,507'' in its place; and
0
c. In paragraphs (c)(4) and (c)(5), by removing ``$202,000'' and adding 
``$204,000'' in its place.


252.225-7018  [Amended]

0
6. Section 252.225-7018 is amended--
0
a. By removing clause date ``(DEC 2013)'' and adding ``(JAN 2014)'' in 
its place.
0
b. In paragraphs (b)(1) and (b)(2), by removing ``$202,000'' and adding 
``$204,000'' in its place;
0
c. In paragraphs (d)(3) and (d)(4) introductory text, by removing 
``$77,494'' and adding ``$79,507'' in its place; and
0
d. In paragraphs (d)(5) and (d)(6) introductory text, by removing 
``$202,000'' and adding ``$204,000'' in its place.

[FR Doc. 2013-30792 Filed 12-30-13; 8:45 am]
BILLING CODE 5001-06-P