Rule2023-24932
Federal Acquisition Regulation: New Designated Country-North Macedonia
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
November 14, 2023
Effective
November 14, 2023
Issuing agencies
Defense DepartmentGeneral Services AdministrationNational Aeronautics and Space Administration
Abstract
DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) 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 218 (Tuesday, November 14, 2023)</title>
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[Federal Register Volume 88, Number 218 (Tuesday, November 14, 2023)]
[Rules and Regulations]
[Pages 78212-78214]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24932]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 22, 25, and 52
[FAC 2024-01, FAR Case 2023-019, Item I; Docket No. 2023-0019; Sequence
No. 1]
RIN 9000-AO67
Federal Acquisition Regulation: New Designated Country--North
Macedonia
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the
Federal Acquisition Regulation (FAR) to add North Macedonia as a new
designated country under the World Trade Organization Government
Procurement Agreement.
DATES: Effective November 14, 2023.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Ms. Mahruba Uddowla, Procurement Analyst, at 703-605-2868 or by email
at <a href="/cdn-cgi/l/email-protection#6f020e071d1a0d0e411a0b0b0018030e2f081c0e41080019"><span class="__cf_email__" data-cfemail="0568646d777067642b7061616a726964456276642b626a73">[email protected]</span></a>. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat Division at
202-501-4755 or <a href="/cdn-cgi/l/email-protection#c483978596a1a397a1a784a3b7a5eaa3abb2"><span class="__cf_email__" data-cfemail="65223624370002360006250216044b020a13">[email protected]</span></a>. Please cite FAC 2024-01, FAR Case
2023-019.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA are amending the FAR to add North Macedonia as a
new designated country under the World Trade Organization Government
Procurement Agreement (WTO GPA). North Macedonia became a party to the
WTO GPA on October 30, 2023. The Trade Agreements Act (19 U.S.C. 2501
et seq.) provides the authority for the President to waive the Buy
American statute and other discriminatory provisions for eligible
products from countries that have signed an international trade
agreement (such as the WTO GPA) with the United States. 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. The U.S. Trade
Representative published a notice in the Federal Register waiving the
Buy American statute and other discriminatory provisions for eligible
[[Page 78213]]
products from North Macedonia at 88 FR 68905 on October 4, 2023.
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
The statute that applies to the publication of the FAR is 41 U.S.C.
1707. Subsection (a)(1) of 41 U.S.C. 1707 requires that a procurement
policy, regulation, procedure, or form (including an amendment or
modification thereof) 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 has no
significant cost or administrative impact on contractors or offerors.
This final rule only updates the lists of designated countries, in
order to conform to the determination by the U.S. Trade Representative.
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 does not create any new provisions or clauses, nor
does it change the applicability of any existing provisions or clauses
included in solicitations and contracts valued at or below the SAT, or
for commercial products (including COTS items) and 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
The Congressional Review Act (5 U.S.C. 801-808) requires interim
and final rules to be submitted to Congress before the rule takes
effect. DoD, GSA, and NASA will send this rule to each House of the
Congress and to the Comptroller General of the United States. The
Office of Information and Regulatory Affairs (OIRA) in the Office of
Management and Budget (OMB) has determined that this is not a major
rule under 5 U.S.C. 804.
VI. Regulatory Flexibility Act
Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule under 41
U.S.C. 1707(a)(1) (see section II. of this preamble), the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601-612) are
not applicable. Accordingly, no regulatory flexibility analysis is
required, and none has been prepared.
VII. Paperwork Reduction Act
This rule affects the information collection requirements in the
provisions at FAR 52.212-3, Offeror Representations and
Certifications--Commercial Products and Commercial Services, and
52.225-6, Trade Agreements Certificate (which goes along with the
revised clause at FAR 52.225-5, Trade Agreements), and in the clauses
at FAR 52.225-11, Buy American--Construction Materials Under Trade
Agreements, and 52.225-23, Required Use of American Iron, Steel, and
Manufactured Goods--Buy American Statute--Construction Materials Under
Trade Agreements, all currently approved under OMB Control Number 9000-
0024, Buy American, Trade Agreements, and Duty-Free Entry, in
accordance with the Paperwork Reduction Act (44 U.S.C. 3501-3521). The
impact, however, is negligible because the rule affects the response of
an offeror that is offering a product of North Macedonia to the
information collection requirements in the provisions at FAR 52.212-
3(g)(5), 52.225-6, 52.225-11, and 52.225-23. The offeror no longer
needs to list a product from North Macedonia under ``other end
products'' or ``foreign (nondesignated country)'' construction material
because North Macedonia is now a designated country.
List of Subjects in 48 CFR Parts 22, 25, and 52
Government procurement.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 22, 25, and 52 as
set forth below:
0
1. The authority citation for 48 CFR parts 22, 25, and 52 continues to
read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C.
chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C.
20113.
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
22.1503 [Amended]
0
2. Amend section 22.1503 by removing from paragraph (b)(3) ``New
Zealand, Norway,'' and adding ``New Zealand, North Macedonia, Norway,''
in its place.
PART 25--FOREIGN ACQUISITION
25.003 [Amended]
0
3. Amend section 25.003 by--
0
a. Removing from the definition ``Designated country'' in paragraph (1)
``New Zealand, Norway,'' and adding ``New Zealand, North Macedonia,
Norway,'' in its place; and
0
b. Removing from the definition ``World Trade Organization Government
Procurement Agreement (WTO GPA) country'' ``New Zealand, Norway,'' and
adding ``New Zealand, North Macedonia, Norway,'' in its place.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
4. Amend section 52.212-5 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (b)(30) ``(DEC 2022)'' and adding ``([NOV
2023])'' in its place; and
0
c. Removing from paragraph (b)(52) ``(DEC 2022)'' and adding ``([NOV
2023])'' in its place.
[[Page 78214]]
The revision reads as follows:
52.212-5 Contract Terms and Conditions Required To Implement Statutes
or Executive Orders--Commercial Products and Commercial Services.
* * * * *
Contract Terms and Conditions Required To Implement Statutes or
Executive Orders--Commercial Products and Commercial Services ([NOV
2023])
* * * * *
0
5. Amend section 52.213-4 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (b)(1)(iii) ``(DEC 2022)'' and adding
``([NOV 2023])'' in its place.
The revision reads as follows:
52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than
Commercial Products and Commercial Services).
* * * * *
Terms and Conditions--Simplified Acquisitions (Other Than Commercial
Products and Commercial Services) ([NOV 2023])
* * * * *
0
6. Amend section 52.222-19 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (a)(3) ``New Zealand, Norway,'' and adding
``New Zealand, North Macedonia, Norway,'' in its place.
The revision reads as follows:
52.222-19 Child Labor--Cooperation with Authorities and Remedies.
* * * * *
Child Labor--Cooperation With Authorities and Remedies ([NOV 2023])
* * * * *
0
7. Amend section 52.225-5 by--
0
a. Revising the date of the clause; and
0
b. In paragraph (a), in the definition ``Designated country'', removing
from paragraph (1) ``New Zealand, Norway,'' and adding ``New Zealand,
North Macedonia, Norway,'' in its place.
The revision reads as follows:
52.225-5 Trade Agreements.
* * * * *
Trade Agreements ([NOV 2023])
* * * * *
0
8. Amend section 52.225-11 by--
0
a. Revising the date of the clause; and
0
b. In paragraph (a), in the definition ``Designated country'', removing
from paragraph (1) ``New Zealand, Norway,'' and adding ``New Zealand,
North Macedonia, Norway,'' in its place.
The revision reads as follows:
52.225-11 Buy American--Construction Materials Under Trade Agreements.
* * * * *
Buy American--Construction Materials Under Trade Agreements ([NOV
2023])
* * * * *
0
9. Amend section 52.225-23 by--
0
a. Revising the date of the clause; and
0
b. In paragraph (a), in the definition ``Designated country'', removing
from paragraph (1) ``New Zealand, Norway,'' and adding ``New Zealand,
North Macedonia, Norway,'' in its place.
The revision reads as follows:
52.225-23 Required Use of American Iron, Steel, and Manufactured
Goods--Buy American Statute--Construction Materials Under Trade
Agreements.
* * * * *
Required Use of American Iron, Steel, and Manufactured Goods--Buy
American Statute--Construction Materials Under Trade Agreements ([NOV
2023])
* * * * *
[FR Doc. 2023-24932 Filed 11-13-23; 8:45 am]
BILLING CODE P
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</html>Indexed from Federal Register on November 14, 2023.
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