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  • Defense Federal Acquisition Regulation Supplement: New Designated Co

    DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT: NEW DESIGNATED COUNTRY--ARMENIA

    Defense Department Documents and Publications
    January 30, 2012

    SUMMARY: DoD is issuing a final rule amending the Defense Federal
    Acquisition Regulation Supplement (DFARS) to add Armenia as a World
    Trade Organization Government Procurement Agreement (WTO GPA) country
    and a designated country, due to the accession of Armenia to membership
    in the World Trade Organization Government Procurement Agreement.

    DATES: Effective Date: January 30, 2012.

    FOR FURTHER INFORMATION CONTACT: Ms. Amy G. Williams, Defense
    Acquisition Regulations System, OUSD (ATandL) DPAP/DARS, Room 3B855,
    3060 Defense Pentagon, Washington, DC 20301-3060. Telephone (703)
    602-0328; facsimile (703) 602-0350.

    SUPPLEMENTARY INFORMATION: On September 15, 2011, Armenia became a
    party to the World Trade Organization Government Procurement Agreement
    (WTO GPA). The Trade Agreements Act (19 U.S.C. 2501 et seq.) provides
    the authority for the President to waive the Buy American Act 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 waiver
    authority to the U.S. Trade Representative (see FAR 25.402).

    On September 22, 2011, because Armenia became a party to the WTO
    GPA and because the U.S. Trade Representative has determined that
    Armenia will provide appropriate reciprocal competitive Government
    procurement opportunities to United States products and services and
    suppliers of such products and services, the U.S. Trade Representative
    published a notice in the Federal Register (76 FR 58856) waiving the
    Buy American Act and other discriminatory provisions for eligible
    products from Armenia.

    II. Discussion and Analysis

    FAR 25.003 defines WTO GPA countries by listing the parties to the
    WTO GPA, and defines "designated country" as a WTO GPA country,
    a Free Trade Agreement country, a least designated country, or a
    Caribbean Basin country.

    Because Armenia is now a WTO GPA country and therefore also a
    designated country, as determined by the U.S. Trade Representative,
    this final rule adds Armenia to the lists of WTO GPA countries within
    the definition of "designated country" at DFARS 252.225-7021, Trade
    Agreements, and 252.225-7045, Balance of Payments Program--Construction
    Material Under Trade Agreements. Conforming changes were also made
    to the clause date at 252.225-7001(b)(12)(i).

    III. 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 a significant regulatory action and, therefore,
    was subject to review under section 6(b) of E.O. 12866, Regulatory
    Planning and Review, dated September 30, 1993. This rule is not a
    major rule under 5 U.S.C. 804.

    IV. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule because an
    initial regulatory flexibility analysis is only required for proposed
    or interim rules that require publication for public comment (5 U.S.C.

    603) and a final regulatory flexibility analysis is only required
    for final rules that were previously published for public comment,
    and for which an initial regulatory flexibility analysis was prepared
    (5 U.S.C. 604).

    Publication of this final rule for public comment is not required by
    statute (41 U.S.C. 1707) because it recognizes actions taken by the
    United States Trade Representative that do not have a significant
    effect on contractors or offerors or a significant effect beyond
    the internal operating procedures of the Government. Therefore,
    publication for public comment under 41 U.S.C. 1707 is not required.

    V. Paperwork Reduction Act

    The Paperwork Reduction Act does apply because the final rule
    affects the certification and information collection requirement in
    the provisions at DFARS 252.225-7020, Trade Agreements Certificate,
    currently approved under OMB clearance 0704-0229, DFARS Part 225,
    Foreign Acquisition, and associated clauses. DFARS provision
    252.225-7020 relies on the definition of "designated country" in
    DFARS 252.225-7021, which now includes Armenia. The impact, however,
    is negligible. Comments regarding the burden estimates or any other
    aspect of this collection of information, including suggestions for
    reducing the burden, in response to approved OMB clearance 0704-0229,
    should be sent, not later than March 30, 2012 to Ms. Jasmeet Seehra at
    the Office of Management and Budget, Desk Officer for DoD, Room 10236,
    New Executive Office Building, Washington, DC 20503, with a copy to the
    Defense Acquisition Regulations System, Attn: Ms. Amy Williams, OUSD
    (ATandL) DPAP (DARS), Room 3B855, 3060 Defense Pentagon, Washington,
    DC 20301-3060.

    Requesters may obtain a copy of the supporting statement for the
    burden approved under OMB clearance 0704-0229 from the point of contact
    identified in this notice. Please cite OMB Control Number 0704-0229,
    in all correspondence.

    List of Subjects in 48 CFR Part 252

    Government procurement.

    Ynette R. Shelkin,

    Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR part 252 is amended as follows:

    PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    1. The authority citation for 48 CFR part 252 is revised to read
    as follows:

    Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

    252.212-7001 [Amended].

    2. In section 252.212-7001, remove the clause date "(DEC 2011)" and
    add "(JANUARY 2012)" in its place and in paragraph (b)(13)(i) remove
    the clause date "(OCT 2011)" and add "(JANUARY 2012)" in its place.

    3. In section 252.225-7021, remove the clause date "(OCT 2011)" and add
    "(JAN 2012)" in its place and in paragraph (a), in the definition for
    "Designated country", revise paragraph (i) to read as follows:




    From: A. Papazian
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