[Federal Register Volume 84, Number 154 (Friday, August 9, 2019)]
[Rules and Regulations]
[Pages 39207-39208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16772]



[[Page 39207]]

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 252

[Docket DARS-2019-0037]
RIN 0750-AK68


Defense Federal Acquisition Regulation Supplement: New World 
Trade Organization Government Procurement Agreement Country--Australia 
(DFARS Case 2019-D032)

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

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule to amend the Defense Federal 
Acquisition Regulation Supplement (DFARS) to add Australia as a new 
World Trade Organization Government Procurement Agreement (WTO GPA) 
country.

DATES: Effective August 9, 2019.

FOR FURTHER INFORMATION CONTACT: Ms. Heather Kitchens, telephone 571-
372-6104.

SUPPLEMENTARY INFORMATION: 

I. Background

    On October 17, 2018, the World Trade Organization (WTO) Committee 
on Government Procurement approved the accession of Australia to the 
WTO Agreement on Government Procurement (GPA). Australia submitted its 
instrument of accession to the Secretary-General of the WTO on April 5, 
2019. The WTO GPA entered into force for Australia on May 5, 2019. The 
United States, which is also a party to the WTO GPA, has agreed to 
waive discriminatory purchasing requirements for eligible products and 
suppliers of Australia.
    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 authority to 
the U.S. Trade Representative.
    The U.S. Trade Representative has determined that Australia will 
provide appropriate reciprocal competitive Government procurement 
opportunities to United States products and services. The U.S. Trade 
Representative published a notice in the Federal Register (84 FR 18110, 
April 29, 2019) waiving the Buy American Act and other discriminatory 
provisions for eligible products from Australia.
    Therefore, this rule adds Australia to the list of WTO GPA 
countries wherever it appears in the DFARS, as part of the definition 
of ``World Trade Organization Government Procurement Agreement 
Country.''

II. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold and for Commercial Items, Including Commercially Available 
Off-the-Shelf Items

    This rule does not create any new provisions or clauses or impact 
any existing provisions or clauses, except for adding ``Australia'' to 
the definition of ``World Trade Organization Government Procurement 
Agreement Country'' in the stated DFARS clauses. It does not impact the 
applicability at or below the simplified acquisition threshold, or 
applicability to commercial items.

III. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    The statute that applies to the publication of the Federal 
Acquisition Regulation (FAR) is 41 U.S.C. 1707 entitled ``Publication 
of Proposed Regulations.'' 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 has no significant cost or administrative impact on 
contractors or offerors. This final rule is just updating the ``World 
Trade Organization Government Procurement Agreement Country'' lists in 
order to reflect that Australia is now a member of the WTO GPA to 
conform to the determination by the U.S. Trade Representative. 
Australia is already a designated country as it is a ``Free Trade 
Agreement Country.''

IV. Executive Orders 12866 and 13563

    Executive Order (E.O.s) 12866, Regulatory Planning and Review; and 
E.O. 13563, Improving Regulation and Regulatory Review, 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 is not a 
major rule under 5 U.S.C. 804.

V. Executive Order 13771

    This final rule is not subject to E.O. 13771, because this rule is 
not a significant regulatory action under E.O. 12866.

VI. Regulatory Flexibility Act

    Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for this rule under 41 
U.S.C. 1707(a)(1) (see section III. of this preamble), the analytical 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
are not applicable. Accordingly, no regulatory flexibility analysis is 
required, and none has been prepared.

VII. Paperwork Reduction Act

    The Paperwork Reduction Act does apply. However, this rule does not 
affect the response of an offeror that is offering a product of 
Australia to the information collection requirements in the provisions 
at DFARS 252.225-7017, 252.225-7021, and 252.225-7045, currently 
approved under OMB Control Number 0704-0229, entitled 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). Australia is already a designated country, because 
it is a Free Trade Agreement country.

List of Subjects in 48 CFR Part 252

    Government procurement.

Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.

    Therefore, 48 CFR part 252 is amended as follows:

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
1. The authority citation for 48 CFR part 252 continues to read as 
follows:

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

[[Page 39208]]

252.225-7017   [Amended]

0
2. Amend section 252.225-7017 by-
0
a. Removing the clause date of ``(DEC 2018)'' and adding ``(AUG 2019)'' 
in its place; and
0
b. In paragraph (a), in the definition of ``designated country'' in 
paragraph (1), adding, in alphabetical order, the country of 
``Australia''.


252.225-7021   [Amended]

0
3. Amend section 252.225-7021 by-
0
a. In the basic clause-
0
i. Removing the clause date of ``(DEC 2017)'' and adding ``(AUG 2019)'' 
in its place;
0
ii. In paragraph (a), in the definition of ``designated country'' in 
paragraph (i), adding in alphabetical order, the country of 
``Australia'';
0
b. In the Alternate II clause-
0
i. Removing the clause date of ``(DEC 2017)'' and adding ``(AUG 2019)'' 
in its place; and
0
ii. In paragraph (a) in the definition of ``designated country'' in 
paragraph (i), adding, in alphabetical order, the country of 
``Australia''.


252.225-7045   [Amended]

0
3. Amend section 252.225-7045 by-
0
a. In the basic clause-
0
i. Removing the clause date of ``(SEP 2016)'' and adding ``(AUG 2019)'' 
in its place;
0
ii. In paragraph (a), in the definition of ``designated country'' in 
paragraph (i), adding in alphabetical order, the country of 
``Australia'';
0
b. In the Alternate I clause-
0
i. Removing the clause date of ``(SEP 2016)'' and adding ``(AUG 2019)'' 
in its place;
0
ii. In paragraph (a), in the definition of ``designated country'' in 
paragraph (i), adding, in alphabetical order, the country of 
``Australia'';
0
c. In the Alternate II clause-
0
i. Removing the clause date of ``(SEP 2016)'' and adding ``(AUG 2019)'' 
in its place;
0
ii. In paragraph (a), in the definition of ``designated country'' in 
paragraph (i), adding, in alphabetical order the country of 
``Australia''.
0
d. In the Alternate III clause-
0
i. Removing the clause date of ``(SEP 2016)'' and adding ``(AUG 2019)'' 
in its place;
0
ii. In paragraph (a), in the definition of ``designated country'' in 
paragraph (i), adding, in alphabetical order the country of 
``Australia''.
* * * * *
[FR Doc. 2019-16772 Filed 8-8-19; 8:45 am]
 BILLING CODE 5001-06-P