18876 Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Rules and Regulations 

PROPOSAL ADEQUACY CHECKLIST—Continued 

References Submission item Proposal 

page No. 

If not provided 

EXPLAIN 

(may use 

continuation 

pages) 

36. FAR 15.408(n) ........................................................

FAR 52.215–22 

FAR 52.215–23 

Excessive Pass-through Charges—Identification of 

Subcontract Effort: If the offeror intends to subcontract more than 70% of the total cost of work to 

be performed, does the proposal identify: 

(i) the amount of the offeror’s indirect costs and profit 

applicable to the work to be performed by the proposed subcontractor(s); and (ii) a description of the 

added value provided by the offeror as related to 

the work to be performed by the proposed subcontractor(s)? 

(End of provision) 

[FR Doc. 2013–07106 Filed 3–27–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 225 and 252 

RIN 0750–AH69 

Defense Federal Acquisition 

Regulation Supplement: United StatesKorea Free Trade Agreement (DFARS 

Case 2012–D025) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has adopted as final, 

without change, an interim rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement the United 

States-Korea Free Trade Agreement. The 

Republic of Korea is already party to the 

World Trade Organization Government 

Procurement Agreement. 

DATES: Effective date: March 28, 2013. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, telephone: 571–372– 

6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published an interim rule in the 

Federal Register at 77 FR 30356 on May 

22, 2012, to implement the United 

States-Korea Free Trade Agreement (see 

the United States-Korea Free Trade 

Agreement Implementation Act (Pub. L. 

112–41) (19 U.S.C. 3805 note)). There 

were no public comments submitted in 

response to the interim rule. 

II. 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. 

III. Regulatory Flexibility Act 

DoD certifies that this 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. 

Korea is already a designated country 

under the World Trade Organization 

(WTO) Agreement on Government 

Procurement (GPA). Although the rule 

now opens up Government procurement 

to the goods and services of Korea at or 

above the threshold of $100,000, DoD 

does not anticipate any significant 

economic impact on U.S. small 

businesses. DoD only applies the trade 

agreements to the non-defense items 

listed at DFARS 225.401–70, and 

acquisitions that are set aside or provide 

other forms of preference for small 

businesses are exempt. FAR 19.502–2 

states that acquisitions that do not 

exceed $150,000 (except as described in 

paragraph (1) of the definition of 

‘‘simplified acquisition threshold’’ at 

FAR 2.101) are automatically reserved 

exclusively for small business concerns, 

unless the contracting officer 

determines that there is not a reasonable 

expectation of obtaining offers from two 

or more responsible small business 

concerns. 

IV. Paperwork Reduction Act 

This rule affects the certification and 

information collection requirements in 

the provision at DFARS 252.225–7035, 

currently approved under OMB Control 

Number 0704–0229, titled Defense 

Federal Acquisition Regulation 

Supplement part 225, Foreign 

Acquisition, and related clauses, in 

accordance with the Paperwork 

Reduction Act (44 U.S.C. chapter 35). 

OMB Control Number 0704–0229 

assessed the total burden related to part 

225 at approximately 57,230 hours. The 

impact of this rule, however, is 

negligible, because it is just a question 

of under which category offered goods 

from the Republic of Korea would be 

listed. The rule also affects DFARS 

252.225–7018, which is a variant of the 

Buy American-trade agreements 

certifications already approved, which 

was issued as an interim rule under 

DFARS Case 2011–D046 (76 FR 78858, 

December 20, 2011). 

List of Subjects in 48 CFR Parts 225 and 

252 

Government procurement. 

Kortnee Stewart, 

Editor, Defense Acquisition Regulations 

System. 

Interim Rule Adopted as Final Without 

Change 

Accordingly, the interim rule 

amending 48 CFR parts 225 and 252, 

which was published at 77 FR 30356 on 

May 22, 2012, is adopted as a final rule 

without change. 

[FR Doc. 2013–07131 Filed 3–27–13; 8:45 am] 

BILLING CODE 5001–06–P 


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