[Federal Register Volume 88, Number 218 (Tuesday, November 14, 2023)]
[Rules and Regulations]
[Pages 78212-78214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24932]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 22, 25, and 52

[FAC 2024-01, FAR Case 2023-019, Item I; Docket No. 2023-0019; Sequence 
No. 1]
RIN 9000-AO67


Federal Acquisition Regulation: New Designated Country--North 
Macedonia

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 North Macedonia as a new 
designated country under the World Trade Organization Government 
Procurement Agreement.

DATES: Effective November 14, 2023.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Ms. Mahruba Uddowla, Procurement Analyst, at 703-605-2868 or by email 
at [email protected]. For information pertaining to status or 
publication schedules, contact the Regulatory Secretariat Division at 
202-501-4755 or [email protected]. Please cite FAC 2024-01, FAR Case 
2023-019.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD, GSA, and NASA are amending the FAR to add North Macedonia as a 
new designated country under the World Trade Organization Government 
Procurement Agreement (WTO GPA). North Macedonia became a party to the 
WTO GPA on October 30, 2023. 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 (such as the WTO GPA) with the United States. The President 
has delegated this authority to the U.S. Trade Representative.
    The U.S. Trade Representative has determined that North Macedonia 
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 waiving the 
Buy American statute and other discriminatory provisions for eligible

[[Page 78213]]

products from North Macedonia at 88 FR 68905 on October 4, 2023.

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

    The statute that applies to the publication of the FAR is 41 U.S.C. 
1707. Subsection (a)(1) of 41 U.S.C. 1707 requires that a procurement 
policy, regulation, procedure, or form (including an amendment or 
modification thereof) 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 only updates the lists of designated countries, in 
order to conform to the determination by the U.S. Trade Representative.

III. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold (SAT) and for Commercial Products (Including Commercially 
Available Off-the-Shelf (COTS) Items), or for Commercial Services

    This final rule does not create any new provisions or clauses, nor 
does it change the applicability of any existing provisions or clauses 
included in solicitations and contracts valued at or below the SAT, or 
for commercial products (including COTS items) and commercial services.

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.

V. Congressional Review Act

    The Congressional Review Act (5 U.S.C. 801-808) requires interim 
and final rules to be submitted to Congress before the rule takes 
effect. DoD, GSA, and NASA will send this rule to each House of the 
Congress and to the Comptroller General of the United States. The 
Office of Information and Regulatory Affairs (OIRA) in the Office of 
Management and Budget (OMB) has determined that this is not a major 
rule under 5 U.S.C. 804.

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 II. of this preamble), the analytical 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601-612) are 
not applicable. Accordingly, no regulatory flexibility analysis is 
required, and none has been prepared.

VII. Paperwork Reduction Act

    This rule affects the information collection requirements in the 
provisions at FAR 52.212-3, Offeror Representations and 
Certifications--Commercial Products and Commercial Services, and 
52.225-6, Trade Agreements Certificate (which goes along with the 
revised clause at FAR 52.225-5, Trade Agreements), and in the clauses 
at FAR 52.225-11, Buy American--Construction Materials Under Trade 
Agreements, and 52.225-23, Required Use of American Iron, Steel, and 
Manufactured Goods--Buy American Statute--Construction Materials Under 
Trade Agreements, all currently approved under OMB Control Number 9000-
0024, Buy American, Trade Agreements, and Duty-Free Entry, in 
accordance with the Paperwork Reduction Act (44 U.S.C. 3501-3521). The 
impact, however, is negligible because the rule affects the response of 
an offeror that is offering a product of North Macedonia to the 
information collection requirements in the provisions at FAR 52.212-
3(g)(5), 52.225-6, 52.225-11, and 52.225-23. The offeror no longer 
needs to list a product from North Macedonia under ``other end 
products'' or ``foreign (nondesignated country)'' construction material 
because North Macedonia is now a designated country.

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 48 CFR parts 22, 25, and 52 continues to 
read as follows:

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. 
chapter 137 legacy provisions (see 10 U.S.C. 3016); 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)(3) ``New 
Zealand, Norway,'' and adding ``New Zealand, North Macedonia, Norway,'' 
in its place.

PART 25--FOREIGN ACQUISITION


25.003  [Amended]

0
3. Amend section 25.003 by--
0
a. Removing from the definition ``Designated country'' in paragraph (1) 
``New Zealand, Norway,'' and adding ``New Zealand, North Macedonia, 
Norway,'' in its place; and
0
b. Removing from the definition ``World Trade Organization Government 
Procurement Agreement (WTO GPA) country'' ``New Zealand, Norway,'' and 
adding ``New Zealand, North Macedonia, Norway,'' in its place.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
4. Amend section 52.212-5 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (b)(30) ``(DEC 2022)'' and adding ``([NOV 
2023])'' in its place; and
0
c. Removing from paragraph (b)(52) ``(DEC 2022)'' and adding ``([NOV 
2023])'' in its place.

[[Page 78214]]

    The revision reads as follows:


52.212-5  Contract Terms and Conditions Required To Implement Statutes 
or Executive Orders--Commercial Products and Commercial Services.

* * * * *

Contract Terms and Conditions Required To Implement Statutes or 
Executive Orders--Commercial Products and Commercial Services ([NOV 
2023])

* * * * *

0
5. Amend section 52.213-4 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (b)(1)(iii) ``(DEC 2022)'' and adding 
``([NOV 2023])'' in its place.
    The revision reads as follows:


52.213-4  Terms and Conditions--Simplified Acquisitions (Other Than 
Commercial Products and Commercial Services).

* * * * *

Terms and Conditions--Simplified Acquisitions (Other Than Commercial 
Products and Commercial Services) ([NOV 2023])

* * * * *

0
6. Amend section 52.222-19 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (a)(3) ``New Zealand, Norway,'' and adding 
``New Zealand, North Macedonia, Norway,'' in its place.
    The revision reads as follows:


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

* * * * *

Child Labor--Cooperation With Authorities and Remedies ([NOV 2023])

* * * * *

0
7. Amend section 52.225-5 by--
0
a. Revising the date of the clause; and
0
b. In paragraph (a), in the definition ``Designated country'', removing 
from paragraph (1) ``New Zealand, Norway,'' and adding ``New Zealand, 
North Macedonia, Norway,'' in its place.
    The revision reads as follows:


52.225-5  Trade Agreements.

* * * * *

Trade Agreements ([NOV 2023])

* * * * *

0
8. Amend section 52.225-11 by--
0
a. Revising the date of the clause; and
0
b. In paragraph (a), in the definition ``Designated country'', removing 
from paragraph (1) ``New Zealand, Norway,'' and adding ``New Zealand, 
North Macedonia, Norway,'' in its place.
    The revision reads as follows:


52.225-11  Buy American--Construction Materials Under Trade Agreements.

* * * * *

Buy American--Construction Materials Under Trade Agreements ([NOV 
2023])

* * * * *

0
9. Amend section 52.225-23 by--
0
a. Revising the date of the clause; and
0
b. In paragraph (a), in the definition ``Designated country'', removing 
from paragraph (1) ``New Zealand, Norway,'' and adding ``New Zealand, 
North Macedonia, Norway,'' in its 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 ([NOV 
2023])

* * * * *
[FR Doc. 2023-24932 Filed 11-13-23; 8:45 am]
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