[Federal Register Volume 73, Number 16 (Thursday, January 24, 2008)]
[Rules and Regulations]
[Pages 4115-4116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1103]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 225
RIN 0750-AF89
Defense Federal Acquisition Regulation Supplement; Trade
Agreements--New Thresholds (DFARS Case 2007-D023)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Interim rule with request for comments.
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SUMMARY: DoD has issued an interim rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to incorporate increased
dollar thresholds for application of the World Trade Organization
Government Procurement Agreement and the Free Trade Agreements, as
determined by the United States Trade Representative.
DATES: Effective date: January 24, 2008.
Comment date: Comments on the interim rule should be submitted in
writing to the address shown below on or before March 24, 2008, to be
considered in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2007-D023,
using any of the following methods:
[cir] Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
[cir] E-mail: [email protected]. Include DFARS Case 2007-D023 in the
subject line of the message.
[cir] Fax: 703-602-7887.
[cir] Mail: Defense Acquisition Regulations System, Attn: Ms. Amy
Williams, OUSD(AT&L)DPAP(DARS), IMD 3D139, 3062 Defense Pentagon,
Washington, DC 20301-3062.
[cir] Hand Delivery/Courier: Defense Acquisition Regulations
System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA
22202-3402.
Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided.
[[Page 4116]]
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, 703-602-0328.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule amends the clause prescriptions at DFARS 225.1101
and 225.7503 to reflect increased dollar thresholds for application of
the trade agreements. Every two years, the trade agreements thresholds
are escalated according to a pre-determined formula set forth in the
agreements. The United States Trade Representative has specified the
following new thresholds, as published at 72 FR 71166 on December 14,
2007, and corrected at 72 FR 73904 on December 28, 2007:
------------------------------------------------------------------------
Supply Construction
contract contract
Trade agreement (equal to or (equal to or
exceeding) exceeding)
------------------------------------------------------------------------
World Trade Organization Government $194,000 $7,443,000
Procurement Agreement..................
Free Trade Agreements:
Australia Free Trade Agreement...... 67,826 7,443,000
Bahrain Free Trade Agreement........ 194,000 8,817,449
Dominican Republic-Central America- 67,826 7,443,000
United States Free Trade Agreement
(El Salvador, Dominican Republic,
Guatemala, Honduras, and Nicaragua)
Chile Free Trade Agreement.......... 67,826 7,443,000
Morocco Free Trade Agreement........ 194,000 7,443,000
North American Free Trade Agreement:
Canada.......................... $25,000 8,817,449
Mexico.......................... 67,826 8,817,449
Singapore Free Trade Agreement...... 67,826 7,443,000
------------------------------------------------------------------------
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 does not expect this rule to 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 trade
agreement threshold changes are designed to keep pace with inflation
and thus maintain the status quo. Therefore, DoD has not performed an
initial regulatory flexibility analysis. DoD invites comments from
small businesses and other interested parties. DoD also will consider
comments from small entities concerning the affected DFARS subparts in
accordance with 5 U.S.C. 610. Such comments should be submitted
separately and should cite DFARS Case 2007-D023.
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. The impact, however, is negligible. The dollar threshold
changes are in line with inflation and maintain the status quo.
D. Determination To Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense, that urgent and compelling reasons exist to publish an
interim rule prior to affording the public an opportunity to comment.
This interim rule incorporates increased dollar thresholds for
application of the World Trade Organization Government Procurement
Agreement and the Free Trade Agreements, as determined by the United
States Trade Representative. The increased thresholds became effective
on January 1, 2008. Comments received in response to this interim rule
will be considered in the formation of the final rule.
List of Subjects in 48 CFR Part 225
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR part 225 is amended as follows:
PART 225--FOREIGN ACQUISITION
0
1. The authority citation for 48 CFR part 225 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
225.1101 [Amended]
0
2. Section 225.1101 is amended as follows:
0
a. In paragraph (10)(i) introductory text by removing ``$193,000'' and
adding in its place ``$194,000''; and
0
b. In paragraphs (10)(i)(A) and (B) by removing ``$64,786'' and adding
in its place ``$67,826''.
0
3. Section 225.7503 is amended as follows:
0
a. In paragraph (a) by removing ``$7,407,000'' and adding in its place
``$7,443,000''; and
0
b. By revising paragraph (b) to read as follows:
225.7503 Contract clauses.
* * * * *
(b) Use the clause at 252.225-7045, Balance of Payments Program--
Construction Material Under Trade Agreements, in solicitations and
contracts for construction to be performed outside the United States
with a value of $7,443,000 or more. For acquisitions with a value of
$7,443,000 or more, but less than $8,817,449, use the clause with its
Alternate I.
[FR Doc. E8-1103 Filed 1-23-08; 8:45 am]
BILLING CODE 5001-08-P