67778 Federal Register / Vol. 71, No. 225 / Wednesday, November 22, 2006 / Rules and Regulations 

and adding ‘‘(other than Bahrainian or 

Moroccan end products)’’ in its place, 

and removing from the table heading 

‘‘(Other than Moroccan End Products)’’

and adding ‘‘(Other than Bahrainian or 

Moroccan End Products)’’ in its place. 

■ 10. Amend section 52.225–5 by—

■ a. Revising the date of the clause; 

■ b. Revising paragraph (2) of the 

definition ‘‘Designated country’’; and 

■ c. Removing from paragraph (4) of the 

definition ‘‘Designated country’’, 

‘‘Guatemala,’’. 

The revised text reads as follows: 

52.225–5 Trade Agreements. 

* * * * * 

TRADE AGREEMENTS (NOV 2006) 

* * * * * 

(a) * * * 

Designated country * * * 

(2) A Free Trade Agreement country 

(Australia, Bahrain, Canada, Chile, El 

Salvador, Guatemala, Honduras, 

Mexico, Morocco, Nicaragua, or 

Singapore); 

* * * * * 

■ 11. Amend section 52.225–11 by—

■ a. Revising the date of the clause; 

■ b. Revising paragraph (2) of the 

definition ‘‘Designated country’’; 

■ c. Removing ‘‘Guatemala’’ from 

paragraph (4) of the definition 

‘‘Designated country’’; and 

■ d. Revising Alternate I. 

The revised text reads as follows: 

52.225–11 Buy American Act—

Construction Materials under Trade 

Agreements. 

* * * * * 

BUY AMERICAN ACT—CONSTRUCTION 

MATERIALS UNDER TRADE AGREEMENTS 

(NOV 2006) 

* * * * * 

(a) * * * 

Designated country * * * 

(2) A Free Trade Agreement country 

(Australia, Bahrain, Canada, Chile, El 

Salvador, Guatemala, Honduras, 

Mexico, Morocco, Nicaragua, or 

Singapore); 

* * * * * 

Alternate I (NOV 2006). As prescribed in 

25.1102(c)(3), add the following definitions 

of ‘‘Bahrainian construction material’’ and 

‘‘Mexican construction material’’ to 

paragraph (a) of the basic clause, and 

substitute the following paragraphs (b)(1) and 

(b)(2) for paragraphs (b)(1) and (b)(2) of the 

basic clause: 

Bahrainian construction material 

means a construction material that—

(1) Is wholly the growth, product, or 

manufacture of Bahrain; or 

(2) In the case of a construction 

material that consists in whole or in part 

of materials from another country, has 

been substantially transformed in 

Bahrain into a new and different 

construction material distinct from the 

materials from which it was 

transformed. 

Mexican construction material means 

a construction material that—

(1) Is wholly the growth, product, or 

manufacture of Mexico; or 

(2) In the case of a construction 

material that consists in whole or in part 

of materials from another country, has 

been substantially transformed in 

Mexico into a new and different 

construction material distinct from the 

materials from which it was 

transformed. 

(b) Construction materials. (1) This 

clause implements the Buy American 

Act (41 U.S.C. 10a - 10d) by providing 

a preference for domestic construction 

material. In addition, the Contracting 

Officer has determined that the WTO 

GPA and all the Free Trade Agreements 

except NAFTA apply to this acquisition. 

Therefore, the Buy American Act 

restrictions are waived for designated 

country construction materials other 

than Bahrainian or Mexican 

construction materials. 

(2) The Contractor shall use only 

domestic or designated country 

construction material other than 

Bahrainian or Mexican construction 

material in performing this contract, 

except as provided in paragraphs (b)(3) 

and (b)(4) of this clause. 

■ 12. Amend section 52.225–12 in 

Alternate II, by revising the date of the 

alternate, the introductory text, 

paragraph (d)(1), and the first sentence 

of the introductory text of paragraph 

(d)(3) to read as follows: 

52.225–12 Notice of Buy American Act 

Requirement—Construction Materials 

Under Trade Agreements. 

* * * * * 

Alternate II (NOV 2006). As prescribed in 

25.1102(d)(3), add the definitions of 

‘‘Bahrainian construction material’’ and 

‘‘Mexican construction material’’ to 

paragraph (a) and substitute the following 

paragraph (d) for paragraph (d) of the basic 

provision: 

(d) Alternate offers. (1) When an offer 

includes foreign construction material, 

except foreign construction material 

from a designated country other than 

Bahrain or Mexico, that is not listed by 

the Government in this solicitation in 

paragraph (b)(3) of FAR clause 52.225–

11, the offeror also may submit an 

alternate offer based on use of 

equivalent domestic or designated 

country construction material other than 

Bahrainian or Mexican construction 

material. 

* * * * * 

(3) If the Government determines that 

a particular exception requested in 

accordance with paragraph (c) of FAR 

clause 52.225–11 does not apply, the 

Government will evaluate only those 

offers based on use of the equivalent 

domestic or designated country 

construction material other than 

Bahrainian or Mexican construction 

material. * * * 

* * * * * 

[FR Doc. 06–9306 Filed 11–21–06; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 25 and 52 

[FAC 2005–14; FAR Case 2006–001; Item 

IV; Docket 2006–0020, Sequence 18] 

RIN 9000–AK45 

Federal Acquisition Regulation; FAR 

Case 2006–001, Free Trade 

Agreements—Morocco 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: The Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council 

(Councils) agree to adopt as final, 

without change, an interim rule that 

amended the Federal Acquisition 

Regulation (FAR) to implement the new 

Free Trade Agreement with Morocco as 

approved by Congress (Public Law 108–

302). 

DATES: Effective Date: November 22, 

2006. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Ms. 

Jeritta Parnell, Procurement Analyst, at 

(202) 501–4082. Please cite FAC 2005–

14, FAR case 2006–001. For information 

pertaining to status or publication 

schedules, contact the FAR Secretariat 

at (202) 501–4755. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DoD, GSA, and NASA published an 

interim rule in the Federal Register at 

71 FR 20306 on April 19, 2006, to 

implement the new Free Trade 

Agreement with Morocco as approved 

by Congress (Public Law 108–302). This 

Free Trade Agreement waives the 


pwalker on PROD1PC61 with RULES2
Federal Register / Vol. 71, No. 225 / Wednesday, November 22, 2006 / Rules and Regulations 67779 

applicability of the Buy American Act 

for some foreign supplies and 

construction materials from Morocco, 

and specifies procurement procedures 

designed to ensure fairness, applicable 

to the acquisition of supplies and 

services. 

No comments were received by the 

close of the public comment period on 

June 19, 2006. Therefore, the Councils 

agreed to convert the interim rule to a 

final rule without change. 

This is not a significant regulatory 

action and, therefore, was not subject to 

review under Section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

B. Regulatory Flexibility Act 

The Department of Defense, the 

General Services Administration, and 

the National Aeronautics and Space 

Administration certify that this final 

rule will not have a significant 

economic impact on a substantial 

number of small entities within the 

meaning of the Regulatory Flexibility 

Act, 5 U.S.C. 601, et seq. Although the 

rule opens up Government procurement 

to the products of Morocco, the 

Councils do not anticipate any 

significant economic impact on U.S. 

small businesses. The Department of 

Defense only applies the trade 

agreements to the non-defense items 

listed at DFARS 225.401–70, and 

acquisitions that are set aside for small 

businesses are exempt. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

apply; however, these changes to the 

FAR do not impose additional 

information collection requirements to 

the paperwork burden previously 

approved under OMB Control Numbers 

9000–0025 and 9000–0141. 

List of Subjects in 48 CFR Parts 25 and 

52. 

Government procurement. 

Dated: November 15, 2006. 

Ralph De Stefano, 

Director, Contract Policy Division. 

Interim Rule Adopted as Final Without 

Change 

■ Accordingly, the interim rule 

amending 48 CFR parts 25 and 52, 

which was published at 71 FR 20306 on 

April 19, 2006, is adopted as a final rule 

without change. 

[FR Doc. 06–9305 Filed 11–21–06; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 15, 22, 28, and 52 

[FAC 2005-14; Item V; Docket FAR-2006- 

0021; Sequence 5] 

Federal Acquisition Regulation; 

Technical Amendments 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: This document makes 

amendments to the Federal Acquisition 

Regulation (FAR) in order to make 

editorial changes. 

DATES: Effective Date: November 22, 

2006 

FOR FURTHER INFORMATION CONTACT: The 

FAR Secretariat, Room 4035, GS 

Building, Washington, DC, 20405, (202) 

501–4755, for information pertaining to 

status or publication schedules. Please 

cite FAC 2005–14, Technical 

Amendments. 

List of Subjects in 48 CFR Parts 15, 22, 

28, and 52 

Government procurement. 

Dated: November 15, 2006. 

Ralph De Stefano, 

Director, Contract Policy Division. 

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR parts 15, 22, 28, and 52 

as set forth below: 

■ 1. The authority citation for 48 CFR 

parts 15, 22, 28, and 52 continues to 

read as follows: 

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 42 U.S.C. 2473(c). 

PART 15—CONTRACTING BY 

NEGOTIATION 

■ 2. Amend section 15.404–1(a)(7) by 

revising the last sentence to read as 

follows: 

15.404–1 Proposal analysis techniques. 

(a) * * * 

(7) * * * They are available via the 

internet at http://www.acq.osd.mil/ 

dpap/contractpricing/index.htm. 

* * * * * 

PART 22—APPLICATION OF LABOR 

LAWS TO GOVERNMENT 

ACQUISITIONS 

22.1006 [Amended] 

■ 3. Amend section 22.1006 in the 

fourth sentence of paragraph (c)(1) by 

removing ‘‘(c)(1)’’ and adding ‘‘(d)(1)’’ in 

its place. 

■ 4. Amend section 22.1304 by revising 

paragraph (a) to read as follows: 

22.1304 Procedures. 

* * * * * 

(a) Query the Department of Labor’s 

VETS-100 Database via the Internet at 

http://www.vets100.com/ 

Vets100Search.htm using the validation 

code ‘‘vets’’ to proceed with the search 

in the database; or 

* * * * * 

PART 28—BONDS AND INSURANCE 

■ 5. Amend section 28.202 by revising 

paragraph (d) to read as follows: 

28.202 Acceptability of corporate sureties. 

* * * * * 

(d) The Department of the Treasury 

Circular 570 may be obtained from the 

U.S. Department of the Treasury, 

Financial Management Service, Surety 

Bond Branch, 3700 East West Highway, 

Room 6F01, Hyattsville, MD 20782. Or 

via the internet at http:// 

www.fms.treas.gov/c570/. 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

52.212–5 [Amended] 

■ 6. Amend section 52.212–5 by 

revising the date of the clause to read 

‘‘(NOV 2006)’’; removing from 

paragraph (b)(1) ‘‘(JUL 1995)’’ and 

adding ‘‘(SEP 2006)’’ in its place, and 

removing ‘‘(SEP 2006)’’ and adding 

‘‘(OCT 1995)’’ in its place; and removing 

from paragraph (c)(3) ‘‘(MAY 1989)’’

and adding ‘‘(NOV 2006)’’ in its place. 

52.222–43 [Amended] 

■ 7. Amend section 52.222–43 by 

revising the date of the clause to read 

‘‘(NOV 2006)’’; and removing from 

paragraph (e) ‘‘(c)’’ and adding ‘‘(d)’’ in 

its place. 

■ 8. Amend section 52.228–15 by 

revising the date of the clause and 

paragraph (d) to read as follows: 

52.228–15 Performance and Payment 

Bonds—Construction. 

* * * * * 

PERFORMANCE AND PAYMENT BONDS—

CONSTRUCTION (NOV 2006) 

* * * * * 

(d) Surety or other security for bonds. 

The bonds shall be in the form of firm 


pwalker on PROD1PC61 with RULES2