Rule2022-05534
Defense Federal Acquisition Regulation Supplement: New Qualifying County-Lithuania (DFARS Case 2022-D012)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 18, 2022
Effective
March 18, 2022
Issuing agencies
Defense DepartmentDefense Acquisition Regulations System
Abstract
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to add Lithuania as a qualifying country.
Full Text
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<title>Federal Register, Volume 87 Issue 53 (Friday, March 18, 2022)</title>
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[Federal Register Volume 87, Number 53 (Friday, March 18, 2022)]
[Rules and Regulations]
[Pages 15815-15816]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05534]
[[Page 15815]]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 225 and 252
[Docket DARS-2022-0006]
RIN 0750-AL63
Defense Federal Acquisition Regulation Supplement: New Qualifying
County--Lithuania (DFARS Case 2022-D012)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to add Lithuania as a
qualifying country.
DATES: Effective March 18, 2022.
FOR FURTHER INFORMATION CONTACT: Monica Wideman, telephone 571-372-
6174.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is amending the DFARS to add Lithuania as a qualifying country.
A qualifying country is a country that has a reciprocal defense
procurement agreement or memorandum of understanding with the United
States in which both countries agree to remove discriminatory barriers
to purchases of supplies produced in the other country or services
performed by sources of the other country. The agreement or memorandum
must comply, where applicable, with the requirements of section 36 of
the Arms Export Control Act (22 U.S.C. 2776), which addresses reports
and certifications to Congress on military exports, and with 10 U.S.C.
2457, which addresses standardization of equipment with North Atlantic
Treaty Organization members. For purposes of the Buy American Act
(DFARS 225.1) and the Balance of Payments Program (DFARS 225.75),
supplies and components produced in qualifying countries are treated
the same as supplies and components produced in the United States.
On December 13, 2021, the Secretary of Defense and the Ministry of
National Defense of the Republic of Lithuania signed a Reciprocal
Defense Procurement Agreement. The Secretary of Defense also signed, on
that day, a determination and findings that it is inconsistent with the
public interest to apply the restrictions of the Buy American Act to
the acquisition of articles, materials, and supplies produced or
manufactured in the Republic of Lithuania. The Reciprocal Defense
Procurement Agreement removes discriminatory barriers to procurements
of supplies and services produced by industrial enterprises of
Lithuania to the extent mutually beneficial and consistent with
national laws, regulations, policies, and international obligations.
This agreement does not cover construction or construction material.
Lithuania is already a designated country under the World Trade
Organization Government Procurement Agreement.
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
The statute that applies to the publication of the Federal
Acquisition Regulation (FAR) is 41 U.S.C. 1707, Publication of Proposed
Regulations. Subsection (a)(1) of the statute 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 does not constitute a significant DFARS revision within the
meaning of FAR 1.501-1 and does not have a significant cost or
administrative impact on contractors or offerors. Lithuania is added to
the list of 27 other countries that have similar reciprocal defense
procurement agreements with DoD. These requirements affect only the
internal operating procedures of the Government.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT), for Commercial Products Including Commercially
Available Off-the-Shelf (COTS) Items, and for Commercial Services
This rule only updates the list of qualifying countries in the
DFARS by adding the newly qualifying country of Lithuania. The
definition of ``qualifying country'' is updated in each of the
following clauses: DFARS 252.225-7001, Buy American and Balance of
Payments Program; DFARS 252.225-7002, Qualifying Country Sources as
Subcontractors; DFARS 252.225-7012, Preference for Certain Domestic
Commodities; DFARS 252.225-7017, Photovoltaic Devices; DFARS 252.225-
7021, Trade Agreements; and DFARS 252.225-7036, Buy American-Free Trade
Agreements-Balance of Payments Program. However, this rule does not
change the clause prescriptions or applicability to contracts at or
below the SAT, for commercial products including COTS items, or for
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
As required by the Congressional Review Act (5 U.S.C. 801-808)
before an interim or final rule takes effect, DoD will submit a copy of
the interim or final rule with the form, Submission of Federal Rules
under the Congressional Review Act, to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States. A
major rule under the Congressional Review Act cannot take effect until
60 days after it is published in the Federal Register. The Office of
Information and Regulatory Affairs has determined that this rule is not
a major rule as defined by 5 U.S.C. 804.
VI. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant DFARS revision within
the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require
publication for public comment.
VII. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) applies to this
rule. However, these changes to the DFARS do not impose additional
information collection requirements to the paperwork burden previously
approved under Office of Management and Budget (OMB) Control Number
0704-0229, entitled ``DFARS Part 225, Foreign Acquisition.''
[[Page 15816]]
List of Subjects in 48 CFR Parts 225 and 252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 225 and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 225 and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 225--FOREIGN ACQUISITION
225.003 [Amended]
0
2. Amend section 225.003 in the definition of ``Qualifying country'' by
adding, in alphabetical order, the country of ``Lithuania''.
225.872-1 [Amended]
0
3. Amend section 225.872-1 in paragraph (a) by adding, in alphabetical
order, the country of ``Lithuania''.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
4. Amend section 252.225-7001 by--
0
a. In the clause heading, removing the date ``(DEC 2017)'' and adding
``(MAR 2022)'' in its place;
0
b. In the paragraph (a), in the definition of ``Qualifying country'',
adding, in alphabetical order, the country of ``Lithuania''; and
0
c. In Alternate I--
0
i. In the clause heading, removing the date ``(DEC 2017)'' and adding
``(MAR 2022)'' in its place; and
0
ii. In the paragraph (a), in the definition of ``Qualifying country'',
adding, in alphabetical order, the country of ``Lithuania''.
0
5. Amend section 225.225-7002 by--
0
a. Revising the section heading and date of the clause; and
0
b. In the paragraph (a), in the definition of ``Qualifying country'',
adding, in alphabetical order, the country of ``Lithuania''.
The revisions read as follows:
252.225-7002 Qualifying Country Sources as Subcontractors.
* * * * *
Qualifying Country Sources as Subcontractors (MAR 2022)
* * * * *
0
6. Amend section 252.225-7012 by--
0
a. Revising the section heading and date of the clause; and
0
b. In the paragraph (a), in the definition of ``Qualifying country'',
adding, in alphabetical order, the country of ``Lithuania''.
The revisions read as follows:
252.225-7012 Preference for Certain Domestic Commodities.
* * * * *
Preference for Certain Domestic Commodities (MAR 2022)
* * * * *
252.225-7017 [Amended]
0
7. Amend section 252.225-7017 by--
0
a. In the clause heading, removing the date ``(JAN 2022)'' and adding
``(MAR 2022)'' in its place; and
0
b. In the paragraph (a), in the definition of ``Qualifying country'',
adding, in alphabetical order, the country of ``Lithuania''.
252.225-7021 [Amended]
0
8. Amend section 252.225-7021 by--
0
a. In the clause heading, removing ``(SEP 2019)'' and adding ``(MAR
2022)'' in its place;
0
b. In the paragraph (a), in the definition of ``Qualifying country'',
adding, in alphabetical order, the country of ``Lithuania''; and
0
c. In Alternate II--
0
i. In the clause heading, removing the date of ``(SEP 2019)'' and
adding ``(MAR 2022)'' in its place; and
0
ii. In the paragraph (a), in the definition of ``Qualifying country'',
adding, in alphabetical order, the country of ``Lithuania''.
252.225-7036 [Amended]
0
9. Amend section 252.225-7036 by--
0
a. In the clause heading, removing the date ``(DEC 2017)'' and adding
``(MAR 2022)'' in its place;
0
b. In the paragraph (a), in the definition of ``Qualifying country'',
adding, in alphabetical order, the country of ``Lithuania'';
0
c. In Alternate I--
0
i. In the clause heading, removing the clause date of ``(DEC 2017)''
and adding ``(MAR 2022)'' in its place; and
0
ii. In the paragraph (a), in the definition of ``Qualifying country'',
adding, in alphabetical order, the country of ``Lithuania'';
0
d. In Alternate II--
0
i. In the clause heading, removing the clause date of ``(DEC 2017)''
and adding ``(MAR 2022)'' in its place; and
0
ii. In the paragraph (a), in the definition of ``Qualifying country'',
adding, in alphabetical order, the country of ``Lithuania'';
0
e. In Alternate III--
0
i. In the clause heading, removing the clause date of ``(DEC 2017)''
and adding ``(MAR 2022)'' in its place; and
0
ii. In the paragraph (a), in the definition of ``Qualifying country'',
adding, in alphabetical order, the country of ``Lithuania'';
0
f. In Alternate IV--
0
i. In the clause heading, removing the clause date of ``(DEC 2017)''
and adding ``(MAR 2022)'' in its place; and
0
ii. In the paragraph (a), in the definition of ``Qualifying country'',
adding, in alphabetical order, the country of ``Lithuania''; and
0
g. In Alternate V--
0
i. In the clause heading, removing the clause date of ``(DEC 2017)''
and adding ``(MAR 2022)'' in its place; and
0
ii. In the paragraph (a), in the definition of ``Qualifying country'',
adding, in alphabetical order, the country of ``Lithuania''.
[FR Doc. 2022-05534 Filed 3-17-22; 8:45 am]
BILLING CODE 5001-06-P
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</html>Indexed from Federal Register on March 18, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.