Federal Register / Vol. 87, No. 53 / Friday, March 18, 2022 / Rules and Regulations 15815 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 225 and 252 

[Docket DARS–2022–0006] 

RIN 0750–AL63 

Defense Federal Acquisition 

Regulation Supplement: New 

Qualifying County—Lithuania (DFARS 

Case 2022–D012) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to add Lithuania as a 

qualifying country. 

DATES: Effective March 18, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Monica Wideman, telephone 571–372– 

6174. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is amending the DFARS to add 

Lithuania as a qualifying country. A 

qualifying country is a country that has 

a reciprocal defense procurement 

agreement or memorandum of 

understanding with the United States in 

which both countries agree to remove 

discriminatory barriers to purchases of 

supplies produced in the other country 

or services performed by sources of the 

other country. The agreement or 

memorandum must comply, where 

applicable, with the requirements of 

section 36 of the Arms Export Control 

Act (22 U.S.C. 2776), which addresses 

reports and certifications to Congress on 

military exports, and with 10 U.S.C. 

2457, which addresses standardization 

of equipment with North Atlantic Treaty 

Organization members. For purposes of 

the Buy American Act (DFARS 225.1) 

and the Balance of Payments Program 

(DFARS 225.75), supplies and 

components produced in qualifying 

countries are treated the same as 

supplies and components produced in 

the United States. 

On December 13, 2021, the Secretary 

of Defense and the Ministry of National 

Defense of the Republic of Lithuania 

signed a Reciprocal Defense 

Procurement Agreement. The Secretary 

of Defense also signed, on that day, a 

determination and findings that it is 

inconsistent with the public interest to 

apply the restrictions of the Buy 

American Act to the acquisition of 

articles, materials, and supplies 

produced or manufactured in the 

Republic of Lithuania. The Reciprocal 

Defense Procurement Agreement 

removes discriminatory barriers to 

procurements of supplies and services 

produced by industrial enterprises of 

Lithuania to the extent mutually 

beneficial and consistent with national 

laws, regulations, policies, and 

international obligations. This 

agreement does not cover construction 

or construction material. Lithuania is 

already a designated country under the 

World Trade Organization Government 

Procurement Agreement. 

II. Publication of This Final Rule for 

Public Comment Is Not Required by 

Statute 

The statute that applies to the 

publication of the Federal Acquisition 

Regulation (FAR) is 41 U.S.C. 1707, 

Publication of Proposed Regulations. 

Subsection (a)(1) 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 

not required to be published for public 

comment, because it does not constitute 

a significant DFARS revision within the 

meaning of FAR 1.501–1 and does not 

have a significant cost or administrative 

impact on contractors or offerors. 

Lithuania is added to the list of 27 other 

countries that have similar reciprocal 

defense procurement agreements with 

DoD. These requirements affect only the 

internal operating procedures of the 

Government. 

III. Applicability to Contracts at or 

Below the Simplified Acquisition 

Threshold (SAT), for Commercial 

Products Including Commercially 

Available Off-the-Shelf (COTS) Items, 

and for Commercial Services 

This rule only updates the list of 

qualifying countries in the DFARS by 

adding the newly qualifying country of 

Lithuania. The definition of ‘‘qualifying 

country’’ is updated in each of the 

following clauses: DFARS 252.225– 

7001, Buy American and Balance of 

Payments Program; DFARS 252.225– 

7002, Qualifying Country Sources as 

Subcontractors; DFARS 252.225–7012, 

Preference for Certain Domestic 

Commodities; DFARS 252.225–7017, 

Photovoltaic Devices; DFARS 252.225– 

7021, Trade Agreements; and DFARS 

252.225–7036, Buy American-Free 

Trade Agreements-Balance of Payments 

Program. However, this rule does not 

change the clause prescriptions or 

applicability to contracts at or below the 

SAT, for commercial products including 

COTS items, or for commercial services. 

IV. 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 not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) 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. 801–808) before an 

interim or final rule takes effect, DoD 

will submit a copy of the interim or 

final rule with the form, Submission of 

Federal Rules 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 

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 1.501–1, and 41 U.S.C. 1707 does 

not require publication for public 

comment. 

VII. Paperwork Reduction Act 

The Paperwork Reduction Act (44 

U.S.C. chapter 35) applies to this rule. 

However, these changes to the DFARS 

do not impose additional information 

collection requirements to the 

paperwork burden previously approved 

under Office of Management and Budget 

(OMB) Control Number 0704–0229, 

entitled ‘‘DFARS Part 225, Foreign 

Acquisition.’’ 


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15816 Federal Register / Vol. 87, No. 53 / Friday, March 18, 2022 / Rules and Regulations 

List of Subjects in 48 CFR Parts 225 and 

252 

Government procurement. 

Jennifer D. Johnson, 

Editor/Publisher, Defense Acquisition 

Regulations System. 

Therefore, 48 CFR parts 225 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 225 and 252 continues to read as 

follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

PART 225—FOREIGN ACQUISITION 

225.003 [Amended] 

■ 2. Amend section 225.003 in the 

definition of ‘‘Qualifying country’’ by 

adding, in alphabetical order, the 

country of ‘‘Lithuania’’. 

225.872–1 [Amended] 

■ 3. Amend section 225.872–1 in 

paragraph (a) by adding, in alphabetical 

order, the country of ‘‘Lithuania’’. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 4. Amend section 252.225–7001 by— 

■ a. In the clause heading, removing the 

date ‘‘(DEC 2017)’’ and adding ‘‘(MAR 

2022)’’ in its place; 

■ b. In the paragraph (a), in the 

definition of ‘‘Qualifying country’’, 

adding, in alphabetical order, the 

country of ‘‘Lithuania’’; and 

■ c. In Alternate I— 

■ i. In the clause heading, removing the 

date ‘‘(DEC 2017)’’ and adding ‘‘(MAR 

2022)’’ in its place; and 

■ ii. In the paragraph (a), in the 

definition of ‘‘Qualifying country’’, 

adding, in alphabetical order, the 

country of ‘‘Lithuania’’. 

■ 5. Amend section 225.225–7002 by— 

■ a. Revising the section heading and 

date of the clause; and 

■ b. In the paragraph (a), in the 

definition of ‘‘Qualifying country’’, 

adding, in alphabetical order, the 

country of ‘‘Lithuania’’. 

The revisions read as follows: 

252.225–7002 Qualifying Country Sources 

as Subcontractors. 

* * * * * 

Qualifying Country Sources as 

Subcontractors (MAR 2022) 

* * * * * 

■ 6. Amend section 252.225–7012 by— 

■ a. Revising the section heading and 

date of the clause; and 

■ b. In the paragraph (a), in the 

definition of ‘‘Qualifying country’’, 

adding, in alphabetical order, the 

country of ‘‘Lithuania’’. 

The revisions read as follows: 

252.225–7012 Preference for Certain 

Domestic Commodities. 

* * * * * 

Preference for Certain Domestic 

Commodities (MAR 2022) 

* * * * * 

252.225–7017 [Amended] 

■ 7. Amend section 252.225–7017 by— 

■ a. In the clause heading, removing the 

date ‘‘(JAN 2022)’’ and adding ‘‘(MAR 

2022)’’ in its place; and 

■ b. In the paragraph (a), in the 

definition of ‘‘Qualifying country’’, 

adding, in alphabetical order, the 

country of ‘‘Lithuania’’. 

252.225–7021 [Amended] 

■ 8. Amend section 252.225–7021 by— 

■ a. In the clause heading, removing 

‘‘(SEP 2019)’’ and adding ‘‘(MAR 2022)’’ 

in its place; 

■ b. In the paragraph (a), in the 

definition of ‘‘Qualifying country’’, 

adding, in alphabetical order, the 

country of ‘‘Lithuania’’; and 

■ c. In Alternate II— 

■ i. In the clause heading, removing the 

date of ‘‘(SEP 2019)’’ and adding ‘‘(MAR 

2022)’’ in its place; and 

■ ii. In the paragraph (a), in the 

definition of ‘‘Qualifying country’’, 

adding, in alphabetical order, the 

country of ‘‘Lithuania’’. 

252.225–7036 [Amended] 

■ 9. Amend section 252.225–7036 by— 

■ a. In the clause heading, removing the 

date ‘‘(DEC 2017)’’ and adding ‘‘(MAR 

2022)’’ in its place; 

■ b. In the paragraph (a), in the 

definition of ‘‘Qualifying country’’, 

adding, in alphabetical order, the 

country of ‘‘Lithuania’’; 

■ c. In Alternate I— 

■ i. In the clause heading, removing the 

clause date of ‘‘(DEC 2017)’’ and adding 

‘‘(MAR 2022)’’ in its place; and 

■ ii. In the paragraph (a), in the 

definition of ‘‘Qualifying country’’, 

adding, in alphabetical order, the 

country of ‘‘Lithuania’’; 

■ d. In Alternate II— 

■ i. In the clause heading, removing the 

clause date of ‘‘(DEC 2017)’’ and adding 

‘‘(MAR 2022)’’ in its place; and 

■ ii. In the paragraph (a), in the 

definition of ‘‘Qualifying country’’, 

adding, in alphabetical order, the 

country of ‘‘Lithuania’’; 

■ e. In Alternate III— 

■ i. In the clause heading, removing the 

clause date of ‘‘(DEC 2017)’’ and adding 

‘‘(MAR 2022)’’ in its place; and 

■ ii. In the paragraph (a), in the 

definition of ‘‘Qualifying country’’, 

adding, in alphabetical order, the 

country of ‘‘Lithuania’’; 

■ f. In Alternate IV— 

■ i. In the clause heading, removing the 

clause date of ‘‘(DEC 2017)’’ and adding 

‘‘(MAR 2022)’’ in its place; and 

■ ii. In the paragraph (a), in the 

definition of ‘‘Qualifying country’’, 

adding, in alphabetical order, the 

country of ‘‘Lithuania’’; and 

■ g. In Alternate V— 

■ i. In the clause heading, removing the 

clause date of ‘‘(DEC 2017)’’ and adding 

‘‘(MAR 2022)’’ in its place; and 

■ ii. In the paragraph (a), in the 

definition of ‘‘Qualifying country’’, 

adding, in alphabetical order, the 

country of ‘‘Lithuania’’. 

[FR Doc. 2022–05534 Filed 3–17–22; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 204, 208, 209, 211, 212, 

213, 216, 225, 227, 232, 236, 241, 246, 

and 252 

[Docket DARS–2022–0001] 

Defense Federal Acquisition 

Regulation Supplement: Technical 

Amendments 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is making technical 

amendments to the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to provide needed editorial 

changes. 

DATES: Effective March 17, 2022. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jennifer D. Johnson, telephone 571– 

372–6100. 

SUPPLEMENTARY INFORMATION: This final 

rule makes the following changes: 

1. Updates office designations and a 

hyperlink at DFARS 204.604 and 

232.1004. 

2. Updates hyperlinks at: DFARS 

204.7302, 208.602–70, 213.301, 

225.7003–2, 252.204–7019, 252.204– 

7020, 252.211–7003, and 252.211–7007. 

3. Removes obsolete text at DFARS 

209.104–1, paragraph (g)(i). The final 

rule for DFARS Case 2014–D014, 

published at 79 FR 73488, revised 

section 209.104–1, paragraph (g)(i), 

because the coverage was relocated to 

DFARS subpart 225.7. Several 

subordinate paragraphs to paragraph 

(g)(i) that should have been removed at 


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