Federal Register - December 30, 2021
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Source: Federal Register
74376
Federal Register / Vol. 86, No. 248 / Thursday, December 30, 2021 / Rules and Regulations
following new thresholds in the Federal Register 86 FR 67579, November 26,
2021, which are being implemented in this rule:
Supply contract equal to or exceeding
Trade agreement
WTO GPA
FTA:
Australia
Bahrain
CAFTADR Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua
Chile
Colombia
Korea
Morocco
Panama
Peru
Singapore
Updates for the United States-MexicoCanada Agreement USMCA, which superseded the North American Free Trade Agreement NAFTA, are not included in this revision to the trade agreements thresholds in the DFARS.
On January 29, 2020, the President signed into law the United StatesMexico-Canada Agreement Implementation Act, through which Congress approved the USMCA. On July 1, 2020, the USMCA entered into effect.
Although Canada is still a designated country under the WTO GPA, Canada is no longer a Free Trade Agreement country, because chapter 13 of the USMCA Government procurement applies only to the United States and Mexico. While updates to the DFARS to implement the revisions resulting from the USMCA are not implemented in this final rule, implementation is being accomplished via separate rulemaking under DFARS Case 2020D032. Changes to the Federal Acquisition Regulation FAR to implement the USMCA are being accomplished under FAR Case 2020014.
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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 a1 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
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not required to be published for public comment, because it only adjusts the thresholds according to predetermined formulae to account for changes in economic conditions, thus maintaining the status quo, without significant effect beyond the internal operating procedures of the Government.
III. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Offthe-Shelf Items
Construction contract equal to or exceeding
$183,000
$7,032,000
92,319
183,000
92,319
92,319
92,319
100,000
183,000
183,000
183,000
92,319
7,032,000
12,001,460
7,032,000
7,032,000
7,032,000
7,032,000
7,032,000
7,032,000
7,032,000
7,032,000
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
This rule amends the DFARS to revise thresholds for application of the WTO
GPA and the FTA. The revisions do not add any new burdens or impact applicability of clauses and provisions at or below the simplified acquisition threshold or to commercial items.
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 1.5011, and 41 U.S.C. 1707 does not require publication for public comment.
IV. Executive Orders 12866 and 13563
VII. Paperwork Reduction Act
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 6b of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993.
V. Congressional Review Act As required by the Congressional Review Act 5 U.S.C. 801808 before an interim or final rule takes effect, DoD
will submit a copy of the final rule with the form, Submission of Federal Rules
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The Paperwork Reduction Act 44
U.S.C chapter 35 does apply, because the final rule affects the prescriptions for use of the certification and information collection requirements in the provision at DFARS 252.2257035, Buy American-Free Trade Agreements Balance of Payments Program Certificate, and the certification and information collection requirements in the provision at DFARS 252.2257018, Photovoltaic DevicesCertificate. The changes to these DFARS provisions do not impose additional information collection requirements to the paperwork burden previously approved under OMB Control Number 07040229, entitled DFARS Part 225, Foreign Acquisition and related clauses, because the threshold changes are in line with inflation and maintain the status quo.
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