[Federal Register Volume 84, Number 175 (Tuesday, September 10, 2019)]
[Rules and Regulations]
[Pages 47866-47868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19363]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 22, 25, and 52
[FAC 2019-06; FAR Case 2019-011; Item IV; Docket No. FAR-2019-0011;
Sequence No. 1]
RIN 9000-AN93
Federal Acquisition Regulation: New World Trade Organization
Government Procurement Agreement Country--Australia
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 Australia as a World Trade
Organization Government Procurement Agreement (WTO GPA) country.
DATES: Effective: October 10, 2019.
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 2019-06, FAR Case
2019-011.
SUPPLEMENTARY INFORMATION:
I. Background
On May 5, 2019, Australia became a party to the World Trade
Organization Government Procurement Agreement (WTO GPA). 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.
[[Page 47867]]
II. Discussion and Analysis
This rule adds Australia to the list of WTO GPA countries wherever
the list 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 were required 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).
Australia is already a designated country because it is a Free
Trade Agreement Country.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT) and for Commercial Items, Including Commercially
Available Off-the-Shelf (COTS) Items
This rule is not statutory and is not subject to 41 U.S.C. 1905
through 1907. The rule adds Australia to the list of WTO GPA countries
to reflect the U.S. Trade Representative's determination. It applies to
acquisitions over the WTO GPA threshold, as well as to acquisitions for
commercial items and COTS items.
IV. Publication of This Final Rule for Public Comment Is Not Required
by Statute
The statute that applies to the publication of the FAR is the
Office of Federal Procurement Policy statute (codified at title 41 of
the United States Code). Specifically, 41 U.S.C. 1707(a)(1) 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. It is just updating the lists of designated
countries, in order to conform to the determination by the U.S. Trade
Representative.
V. 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.
VI. Executive Order 13771
This rule is not subject to E.O. 13771, because this rule is not a
significant regulatory action under E.O. 12866.
VII. 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 IV 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.
VIII. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. Chapter 35) 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 FAR 52.212-3(g)(5), 52.225-6, and
52.225-11. Australia is already a designated country because it is a
Free Trade Agreement country. These information collection requirements
are currently approved under OMB Control Numbers 9000-0136 and 9000-
0024, respectively.
List of Subjects in 48 CFR Parts 22, 25, and 52
Government procurement.
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 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) the words
``Aruba, Austria,'' and adding ``Aruba, Australia, Austria,'' in their
place.
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 ``Aruba, Austria'' and adding ``Aruba, Australia, Austria,''
in their place; and
0
b. Removing from the definition ``World Trade Organization Government
Procurement Agreement (WTO GPA) country'' the words ``Aruba, Austria,''
and adding ``Aruba, Australia, Austria,'' in their place.
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 (48) 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 2019)
* * * * *
(b) * * *
(26) 52.222-19, Child Labor--Cooperation with Authorities and
Remedies (Oct 2019) (E.O. 13126).
* * * * *
(48) 52.225-5, Trade Agreements (Oct 2019) (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 2019)
* * * * *
[[Page 47868]]
(b) * * *
(1) * * *
(ii) 52.222-19, Child Labor-Cooperation with Authorities and
Remedies (Oct 2019) (E.O. 13126). (Applies to contracts for supplies
exceeding the micro-purchase threshold).
* * * * *
0
6. Amend section 52.222-19 by revising the date of the clause and
removing from paragraph (a)(4) the words ``Aruba, Austria,'' and adding
``Aruba, Australia, Austria,'' in their place.
The revision reads as follows:
52.222-19 Child Labor--Cooperation with Authorities and Remedies.
* * * * *
Child Labor--Cooperation With Authorities and Remedies (Oct 2019)
* * * * *
0
7. Amend section 52.225-5 by revising the date of the clause; and in
paragraph (a) by removing from the definition ``Designated country'',
in paragraph (1), the words ``Aruba, Austria,'' and adding ``Aruba,
Australia, Austria,'' in their place.
The revision reads as follows:
52.225-5 Trade Agreements.
* * * * *
Trade Agreements (Oct 2019)
* * * * *
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 ``Aruba, Austria,'' and adding
``Aruba, Australia, Austria,'' in their place.
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
2019)
* * * * *
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 ``Aruba, Austria,'' and adding
``Aruba, Australia, Austria,'' in their place; and
0
c. Removing from paragraph (a), in the definition ``Recovery Act
designated country'', paragraph (1), the words ``Aruba, Austria,'' and
adding ``Aruba, Australia, Austria,'' in their place.
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
2019)
* * * * *
[FR Doc. 2019-19363 Filed 9-9-19; 8:45 am]
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