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Federal Register / Vol. 86, No. 248 / Thursday, December 30, 2021 / Rules and Regulations Supply contract equal to or exceeding
Trade agreement
Australia FTA
Bahrain FTA
CAFTA-DR Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua
Chile FTA
Colombia FTA
Korea FTA
Morocco FTA
NAFTA:
Canada
Mexico
Oman FTA
Panama FTA
Peru FTA
Singapore FTA
Israeli Trade Act

II. Discussion and Analysis This final rule implements the new thresholds in FAR subpart 25.4, Trade Agreements, and other sections in the FAR that include trade agreements thresholds i.e., 22.1503, 25.202, 25.603, 25.1101, and 25.1102.
In addition, changes are required to the provision at 52.2048, Annual Representations and Certifications, and the clause at 52.22219, Child LaborCooperation with Authorities and Remedies, with conforming changes to the clause dates in 52.2125, Contract Terms and Conditions Required to Implement Statutes or Executive OrdersCommercial Products and Commercial Services, and 52.2134, Terms and Conditions-Simplified Acquisitions Other Than Commercial Products and Commercial Services.

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III. 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 a1 of 41 U.S.C.
1707 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 adjusts the thresholds according to predetermined formulae to adjust for changes in economic conditions, thus maintaining the status quo, without significant effect
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beyond the internal operating procedures of the Government.
IV. Expected Impact of the Rule This final rule will adjust the thresholds for application of the WTO
GPA and FTAs, as determined by the USTR. For acquisitions covered by the WTO GPA or FTAs, the USTR has waived the Buy American statute and other discriminatory provisions for eligible products. As a result, eligible products and services will receive equal consideration with domestic offers if the estimated value of the contract meets or exceeds the new thresholds set by the USTR. This rule is not expected to significantly impact domestic offerors or offerors covered by the WTO GPA or a FTA, because the threshold adjustments made under this rule simply accommodate changes in economic conditions while maintaining the status quo.
V. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Products, Including Commercially Available Off-the-Shelf Items, or for Commercial Services This rule amends the FAR to make minor revisions in the thresholds for application of the WTO GPA and the FTAs. The revisions do not add any new burdens or, except for the thresholds changes themselves, impact applicability of clauses and provisions at or below the simplified acquisition threshold, to acquisitions of commercial products including commercially available off-the-shelf items, or to acquisition of commercial services.
VI. Executive Orders 12866 and 13563
Executive Orders E.O.s 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory
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Service contract equal to or exceeding
Construction contract equal to or exceeding
2,319
183,000

92,319
183,000

7,032,000
12,001,460

92,319
92,319
92,319
100,000
183,000

92,319
92,319
92,319
100,000
183,000

7,032,000
7,032,000
7,032,000
7,032,000
7,032,000

25,000
92,319
183,000
183,000
183,000
92,319
50,000

83,099
92,319
183,000
183,000
183,000
92,319

10,802,884
12,001,460
12,001,460
7,032,000
7,032,000
7,032,000

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 6b of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993.
VII. Congressional Review Act As required by the Congressional Review Act 5 U.S.C. 801808 before an interim or final rule takes effect, DoD, GSA, and NASA will send the rule and the Submission of Federal Rules Under the Congressional Review Act form to each House of the Congress and to the Comptroller General of the United States. A major rule cannot take effect until 60 days after it is published in the Federal Register. The Office of Information and Regulatory Affairs OIRA in the Office of Management and Budget has determined that this is not a major rule under 5 U.S.C. 804.
VIII. 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.
1707a1 see section III of this preamble, the analytical requirements of the Regulatory Flexibility Act 5
U.S.C. 601612 are not applicable.
Accordingly, no regulatory flexibility analysis is required, and none has been prepared.

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