[Federal Register Volume 75, Number 12 (Wednesday, January 20, 2010)]
[Rules and Regulations]
[Page 3179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-934]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 225 and 252
RIN 0750-AG31
Defense Federal Acquisition Regulation Supplement; Trade
Agreements--Costa Rica and Peru (DFARS Case 2008-D046)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD is converting the interim rule issued on July 29, 2009 (74
FR 37650) to a final rule without change. The interim rule amended the
Defense Federal Acquisition Regulation Supplement (DFARS) to implement
the Dominican Republic--Central America--United States Free Trade
Agreement with respect to Costa Rica, and the United States-Peru Trade
Promotion Agreement. The trade agreements waive the applicability of
the Buy American Act for some foreign supplies and construction
materials and specify procurement procedures designed to ensure
fairness.
DATES: Effective date: January 20, 2010.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition
Regulations System, OUSD(AT&L)DPAP (DARS), 3060 Defense Pentagon, Room
3B855, Washington, DC 20301-3060. Telephone 703-602-0328; facsimile
703-602-0305. Please cite DFARS Case 2008-D046.
SUPPLEMENTARY INFORMATION:
A. Background
This finalizes, without change, the interim rule that implemented
the Dominican Republic--Central America--United States Free Trade
Agreement with respect to Costa Rica and the United States-Peru Trade
Promotion Agreement. The trade agreements waive the applicability of
the Buy American Act for DoD acquisition of some foreign supplies and
construction materials from Costa Rica and Peru and specify procurement
procedures designed to ensure fairness.
In addition, the interim rule amended DFARS 225.003 to exclude Oman
from the definition of ``Free Trade Agreement country'' for purposes of
DoD acquisitions.
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 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. Although the rule
opens up DoD acquisition to the products of Costa Rica and Peru, DoD
does not estimate 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 acquisitions that are set aside
for small businesses are exempt from application of the trade
agreements. No public comments were received relating to the burden on
small businesses.
C. Paperwork Reduction Act
The interim rule affected 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, was negligible.
List of Subjects in 48 CFR Parts 225 and 252
Government procurement.
Amy G. Williams,
Editor, Defense Acquisition Regulations System.
PARTS 225 AND 252--[AMENDED]
Interim Rule Adopted as Final Without Change
0
Accordingly, the interim rule amending 48 CFR parts 225 and 252, which
was published at 74 FR 37650 on July 29, 2009, is adopted as a final
rule without change.
[FR Doc. 2010-934 Filed 1-19-10; 8:45 am]
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