Rule2023-23434
Defense Federal Acquisition Regulation Supplement: New Designated Country-North Macedonia (DFARS Case 2024-D001)
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
October 25, 2023
Effective
October 30, 2023
Issuing agencies
Defense DepartmentDefense Acquisition Regulations System
Abstract
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to add North Macedonia as a new designated country under the World Trade Organization Government Procurement Agreement.
Full Text
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<title>Federal Register, Volume 88 Issue 205 (Wednesday, October 25, 2023)</title>
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[Federal Register Volume 88, Number 205 (Wednesday, October 25, 2023)]
[Rules and Regulations]
[Pages 73241-73243]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23434]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 252
[Docket DARS-2023-0038]
RIN 0750-AL98
Defense Federal Acquisition Regulation Supplement: New Designated
Country--North Macedonia (DFARS Case 2024-D001)
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 North Macedonia as a
new designated country under the World Trade Organization Government
Procurement Agreement.
DATES: Effective October 30, 2023.
FOR FURTHER INFORMATION CONTACT: Ms. Kimberly Bass, 703-717-3446.
SUPPLEMENTARY INFORMATION:
I. Background
On June 7, 2023, the World Trade Organization (WTO) Committee on
Government Procurement approved the accession of North Macedonia to the
WTO Government Procurement Agreement (GPA). This final rule amends the
DFARS to add North Macedonia to the list of World Trade Organization
(WTO) Government Procurement Agreement (GPA) countries wherever it
appears in the DFARS, as part of the definition of ``designated
country''.
The Trade Agreements Act (19 U.S.C. 2501 et seq.) provides the
authority for the President to waive the Buy
[[Page 73242]]
American statute and other discriminatory provisions for eligible
products from countries that have signed an international trade
agreement with the United States (such as the WTO GPA). 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, because North
Macedonia is a party to the WTO GPA. The U.S. Trade Representative
published a notice in the Federal Register waiving the Buy American
statute and other discriminatory provisions for eligible products from
North Macedonia at 88 FR 68905 on October 4, 2023. The United States,
which also is a party to the GPA, has agreed to waive discriminatory
purchasing requirements for eligible products and suppliers of North
Macedonia beginning on October 30, 2023, the date on which the WTO GPA
will enter into force for North Macedonia.
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 only amends the DFARS definition of ``designated country''
to reflect that North Macedonia is now a party to the WTO GPA, without
significant effect beyond the internal operating procedures of the
Government.
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 amends the clauses at DFARS 252.225-7017,
Photovoltaic Device; 252.225-7021, Trade Agreements; and 252.225-7045,
Balance of Payments Program--Construction Material Under Trade
Agreements. However, this final rule does not impose any new
requirements on contracts at or below the SAT, for commercial products
including COTS items, or for commercial services. This final rule does
not change the applicability of the clauses to acquisitions at or below
the SAT, to acquisitions of commercial products including COTS items,
or to acquisitions of 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, as amended.
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
This final rule affects the information collection requirements in
the provisions at DFARS 252.225-7018, Photovoltaic Devices-Certificate;
and 252.225-7020, Trade Agreements Certificate, currently approved
under OMB Control Number 0704-0229, entitled DFARS Part 225, Foreign
Acquisition, and associated clauses, in accordance with the Paperwork
Reduction Act (44 U.S.C. chapter 35). DFARS provisions 252.225-7018 and
252.225-7020 rely on the definition of ``designated country'' in DFARS
clauses 252.225-7017 and 252.225-7021, which now includes North
Macedonia. The impact of this rule, however, is negligible, because the
addition of North Macedonia to the definition of ``designated country''
merely provides another possible source of the items covered by these
provisions and clauses.
List of Subjects in 48 CFR Part 252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, 48 CFR part 252 is amended as follows:
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
1. The authority citation for 48 CFR part 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
252.225-7017 [Amended]
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2. Amend section 252.225-7017--
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a. By removing the clause date of ``(DEC 2022)'' and adding ``(OCT
2023)'' in its place; and
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b. In paragraph (a) of the clause, in the definition of ``Designated
country'' in paragraph (1), by adding, in alphabetical order, the
country of ``North Macedonia''.
252.225-7021 [Amended]
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3. Amend section 252.225-7021--
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a. In the basic clause--
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i. By removing the clause date of ``(JAN 2023)'' and adding ``(OCT
2023)'' in its place;
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ii. In paragraph (a), in the definition of ``Designated country'' in
paragraph (1), by adding, in alphabetical order, the country of ``North
Macedonia'';
0
b. In the Alternate II clause--
0
i. By removing the clause date of ``(JAN 2023)'' and adding ``(OCT
2023)'' in its place; and
0
ii. In paragraph (a), in the definition of ``Designated country'' in
paragraph (1), by adding, in alphabetical order, the country of ``North
Macedonia''.
252.225-7045 [Amended]
0
4. Amend section 252.225-7045--
0
a. In the basic clause--
0
i. By removing the clause date of ``(JAN 2023)'' and adding ``(OCT
2023)'' in its place;
[[Page 73243]]
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ii. In paragraph (a), in the definition of ``Designated country'' in
paragraph (1), by adding, in alphabetical order, the country of ``North
Macedonia'';
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b. In the Alternate I clause--
0
i. By removing the clause date of ``(JAN 2023)'' and adding ``(OCT
2023)'' in its place;
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ii. In paragraph (a), in the definition of ``Designated country'' in
paragraph (1), by adding, in alphabetical order, the country of ``North
Macedonia'';
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c. In the Alternate II clause--
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i. By removing the clause date of ``(JAN 2023)'' and adding ``(OCT
2023)'' in its place;
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ii. In paragraph (a), in the definition of ``Designated country'' in
paragraph (1), by adding, in alphabetical order, the country of ``North
Macedonia''; and
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d. In the Alternate III clause--
0
i. By removing the clause date of ``(JAN 2023)'' and adding ``(OCT
2023)'' in its place;
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ii. In paragraph (a), in the definition of ``Designated country'' in
paragraph (1), by adding, in alphabetical order, the country of ``North
Macedonia''.
[FR Doc. 2023-23434 Filed 10-24-23; 8:45 am]
BILLING CODE 6001-FR-P
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</html>Indexed from Federal Register on October 25, 2023.
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