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