[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Rules and Regulations]
[Pages 67774-67776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23202]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 22, 25, and 52

[FAC 2005-91; FAR Case 2016-009; Item VIII; Docket No. 2016-0009, 
Sequence No. 1]
RIN 9000-AN25


Federal Acquisition Regulation; New Designated Countries--Ukraine 
and Moldova

AGENCY: 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 Ukraine and Moldova as new 
designated countries under the World Trade Organization Government 
Procurement Agreement (WTO GPA).

DATES: Effective: October 31, 2016.

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 Division at 202-501-4755. Please cite FAC 2005-91, FAR Case 
2016-009.

SUPPLEMENTARY INFORMATION:

I. Background

    Ukraine and Moldova recently became parties to the WTO GPA on May 
18, 2016, and July 14, 2016, respectively. The Trade Agreements Act (19 
U.S.C. 2501 et seq.) provides the authority for the President to waive 
the Buy American statute 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 authority to the U.S. Trade 
Representative.
    The U.S. Trade Representative has determined that Ukraine and 
Moldova will provide appropriate reciprocal competitive Government 
procurement opportunities to United States products and services. The 
U.S. Trade Representative published notices in the Federal Register 
waiving the Buy American statute and other discriminatory provisions 
for eligible products from Ukraine at 81 FR 31292 on May 18, 2016, and 
Moldova at 81 FR 50045 on July 29, 2016.

II. Discussion and Analysis

    Therefore, this rule adds Ukraine and Moldova to the list of WTO 
GPA countries wherever it appears in the FAR, whether as a separate 
definition, part of the definition of ``designated country'' or 
``Recovery Act designated country,'' or as part of the list of 
countries exempt from the prohibition of acquisition of products 
produced by forced or indentured child labor (FAR 22.1503, 25.003, 
52.222-19, 52.225-5, 52.225-11, and 52.225-23).
    Conforming changes are made to FAR 52.212-5, Contract Terms and 
Conditions Required to Implement Statute or Executive Orders--
Commercial Items, and 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 that 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,

[[Page 67775]]

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 has no significant cost or 
administrative impact on contractors or offerors. It is just updating 
the lists of designated countries, in order to conform to the 
determinations by the U.S. Trade Representative.

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 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.

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

    The Paperwork Reduction Act does apply, because the rule affects 
the response of an offeror that is offering a product of Ukraine or 
Moldova to the information collection requirements in the provisions at 
FAR 52.212-3(g)(5), 52.225-6, and 52.225-11. The offeror no longer 
needs to list a product from Ukraine or Moldova under ``other end 
products,'' because Ukraine and Moldova are now designated countries. 
These information collection requirements are currently approved under 
OMB Control Numbers 9000-0025, titled: Trade Agreements Certificate; 
9000-0136, titled: Commercial Item Acquisitions; and 9000-0141, Buy 
American--Construction, respectively. The impact, however, is 
negligible.

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

    Government procurement.

    Dated: September 19, 2016.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide 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 51 
U.S.C. 20113.

PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS


22.1503  [Amended]

0
2. Amend section 22.1503 by removing from paragraph (b)(4) ``Malta,'' 
and ``Taiwan,'' and adding ``Malta, Moldova,'' and ``Taiwan, Ukraine,'' 
in their places, respectively.

PART 25--FOREIGN ACQUISITION


25.003   [Amended]

0
3. Amend section 25.003 by--
0
a. Removing from the definition ``Designated country'', paragraph (1), 
the words ``Malta,'' and ``Matsu'' (Chinese Taipei))'' and adding 
``Malta, Moldova,'' and ``Matsu (Chinese Taipei)''), Ukraine,'' in 
their places, respectively; and
0
 b. Removing from the definition ``World Trade Organization Government 
Procurement Agreement (WTO GPA) country'' ``Malta,'' and ``Taiwan,'' 
and adding the words ``Malta, Moldova,'' and ``Taiwan, Ukraine,'' in 
their places, respectively.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
4. Amend section 52.212-5 by revising the date of the clause and 
paragraphs (b)(26) and (49) 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 (Oct 2016)

* * * * *
    (b) * * *
    __ (26) 52.222-19, Child Labor--Cooperation with Authorities and 
Remedies (Oct 2016) (E.O. 13126).
* * * * *
    __ (49) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et 
seq., 19 U.S.C. 3301 note).
* * * * *

0
5. Amend section 52.213-4 by revising the date of the clause and 
paragraph (b)(1)(ii) 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) (Oct 2016)

* * * * *
    (b) * * *
    (1) * * *
    (ii) 52.222-19, Child Labor--Cooperation with Authorities and 
Remedies (Oct 2016) (E.O. 13126). (Applies to contracts for supplies 
exceeding the micro-purchase threshold).
* * * * *

0
6. Amend section 52.222-19 by--
0
 a. Revising the date of the clause; and
0
b. Removing from paragraph (a)(4) ``Malta,'' and ``Taiwan,'' and adding 
``Malta, Moldova,'' and ``Taiwan, Ukraine,'' in their places, 
respectively.
    The revision reads as follows:


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

* * * * *

Child Labor--Cooperation with Authorities and Remedies (Oct 2016)

* * * * *

0
7. Amend section 52.225-5 by--
0
 a. Revising the date of the clause; and
0
 b. Removing from paragraph (a), in the definition ``Designated 
country'' paragraph (1), the words ``Malta,'' and ``Matsu (Chinese 
Taipei)''),'' and adding ``Malta, Moldova,'' and ``Matsu (Chinese 
Taipei)''), Ukraine,'' in their places, respectively.
    The revision reads as follows:


52.225-5  Trade Agreements.

* * * * *

Trade Agreements (Oct 2016)

* * * * *

0
8. Amend section 52.225-11 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (a), in the definition ``Designated 
country'', paragraph (1) the words ``Malta,'' and ``Taiwan,'' and 
adding ``Malta, Moldova,'' and ``Taiwan, Ukraine,'' in their places, 
respectively.
    The revision reads as follows:


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

* * * * *

Buy American Act--Construction Materials Under Trade Agreements (Oct 
2016)

* * * * *

[[Page 67776]]


0
9. Amend section 52.225-23 by--
0
 a. Revising the date of the clause; and
0
 b. Removing from paragraph (a), in the definition ``Designated 
country'', paragraph (1) the words ``Malta,'' and ``Taiwan,'' and 
adding ``Malta, Moldova,'' and ``Taiwan, Ukraine,'' in their places, 
respectively; and
0
 c. Removing from paragraph (a), in the definition ``Recovery Act 
designated country'', paragraph (1) the words ``Malta,'' and 
``Taiwan,'' and adding ``Malta, Moldova,'' and ``Taiwan, Ukraine,'' in 
their places, respectively.
    The revision reads as follows:


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

* * * * *

Required Use of American Iron, Steel, and Manufactured Goods--Buy 
American Statute--Construction Materials Under Trade Agreements (Oct 
2016)

* * * * *
[FR Doc. 2016-23202 Filed 9-29-16; 8:45 am]
 BILLING CODE 6820-EP-P