[Federal Register Volume 71, Number 217 (Thursday, November 9, 2006)]
[Rules and Regulations]
[Page 65752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19032]
[[Page 65752]]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 225 and 252
RIN 0750-AF29
Defense Federal Acquisition Regulation Supplement; Trade
Agreements Thresholds and Morocco Free Trade Agreement (DFARS Case
2005-D017)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD has adopted as final, with changes, an interim rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to update policy relating to trade agreements. The rule incorporates
increased dollar thresholds for application of the World Trade
Organization Government Procurement Agreement and the Free Trade
Agreements, implements a new Free Trade Agreement with Morocco, and
amends the list of end products subject to trade agreements.
DATES: Effective Date: November 9, 2006.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0328;
facsimile (703) 602-0350. Please cite DFARS Case 2005-D017.
SUPPLEMENTARY INFORMATION:
A. Background
DoD published an interim rule at 71 FR 9269 on February 23, 2006,
to reflect increased dollar thresholds for application of the trade
agreements, as determined by the United States Trade Representative; to
implement a new Free Trade Agreement with Morocco; and to update the
list of end products subject to trade agreements. DoD received no
comments on the interim rule and has adopted the interim rule as a
final rule, with an additional change at 252.225-7021 to reflect that
the definition of ``designated country end products'' includes
Caribbean Basin and Free Trade Agreement country end products.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD certifies that this final rule will not have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because the dollar threshold changes are designed to keep pace with
inflation and thus maintain the status quo. Although the rule opens up
DoD procurement to the products of Morocco, DoD does not believe there
will be a significant economic impact on U.S. small businesses. DoD
applies the trade agreements to only those non-defense items listed at
DFARS 225.401-70, and procurements that are set aside for small
businesses are exempt from application of the trade agreements.
C. Paperwork Reduction Act
This rule affects the certification and information collection
requirements in the provisions at DFARS 252.225-7020 and 252.225-7035,
currently approved under Office of Management and Budget Control Number
0704-0229 for use through May 31, 2007. However, there is no impact on
the estimated burden hours. The dollar threshold changes are in line
with inflation and maintain the status quo. Reporting of products from
Morocco as Free Trade Agreement end products rather than other foreign
end products has no impact on paperwork burden.
List of Subjects in 48 CFR Parts 225 and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
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Accordingly, the interim rule amending 48 CFR parts 225 and 252, which
was published at 71 FR 9269 on February 23, 2006, is adopted as a final
rule with the following changes:
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1. The authority citation for 48 CFR parts 225 and 252 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.212-7001 [Amended]
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2. Section 252.212-7001 is amended as follows:
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a. By revising the clause date to read ``(NOV 2006)''; and
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b. In paragraph (b)(9), by removing ``(OCT 2006)'' and adding in its
place ``(NOV 2006)''.
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3. Section 252.225-7021 is amended by revising the clause date and
paragraph (c)(2)(i) to read as follows:
252.225-7021 Trade Agreements.
* * * * *
Trade Agreements (Nov 2006)
* * * * *
(c) * * *
(2)(i) Offers of U.S.-made, qualifying country, or designated
country end products from responsive, responsible offerors are
either not received or are insufficient to fill the Government's
requirements; or
* * * * *
[FR Doc. E6-19032 Filed 11-8-06; 8:45 am]
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