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Government Procurement

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On March 28, 2013, the Department of Defense (DoD) adopted as final, without change, an interim rule [DFARS Case 2012–D025] 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. On the same date, DoD adopted as final, without change, an interim rule [DFARS Case 2012-D032] amending the DFARS to implement the United States-Colombia Trade…

The Office of US Trade Representative (USTR) has released the 382 page 2013 Trade Policy Agenda and 2012 Annual Report of the President on the Trade Agreements Program. The Agenda and Report are submitted to the Congress pursuant to Section 163 of the Trade Act of 1974, as amended (19 U.S.C. 2213). Chapter II and Annex II of the document meet the requirements of Sections 122 and 124 of the Uruguay Round Agreements Act with…

On February 14, 2013, the Department of Defense (DoD) published in the Federal Register a notice waiving the statutory limitation of 10 U.S.C. 2534 for certain defense items produced in the United Kingdom (UK). The law limits DoD procurement of certain items to sources in the national technology and industrial base. The waiver will permit procurement of the items listed from sources in the UK, unless otherwise restricted by statute. These items are: Air circuit…

On January 29, 2013, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) published in the Federal Register a final rule [FAC 2005–65; FAR Case 2012–012; Item III; Docket 2012–0012, Sequence 1] adopting, with change, the interim rule amending the Federal Acquisition Regulation (FAR) to implement the United States-Colombia Trade Promotion Agreement. This Trade Promotion Agreement is a free trade agreement (FTA) that provides for mutually non-discriminatory treatment…

On December 31, 2012, the Department of Defense (DoD) published in the Federal Register a final rule [DFARS Case 2012–D049] amending the Defense Federal Acquisition Regulation Supplement (DFARS) to add Poland as a qualifying country. On August 27, 2011, the US Secretary of Defense signed a new reciprocal defense procurement agreement with the Polish Minister of National Defense. This agreement was placed into force on July 19, 2012. The agreement removes discriminatory barriers to procurements…

A December 11, 2012, press release from the US Trade Representative (USTR) said that Trans-Pacific Partnership (TPP) negotiators were pleased to report further solid steps forward in closing the remaining gaps between them during the 15th round of negotiations, which closed on December 11. Their announcement of new progress followed recent discussions between President Obama and the Leaders of other TPP countries, during which the Leaders reaffirmed their mutual priority of concluding a state-of-the-art, comprehensive…

On December 6, 2012, President Obama signed Executive Order 13630- Establishment of an Interagency Task Force on Commercial Advocacy (published in the Federal Register on December 11, 2012) in order to help level the playing field on behalf of U.S. businesses and workers competing for international contracts against foreign firms and to facilitate the growth of sales of US goods and services around the world in support of the National Export Initiative. The Task Force…

On November 16, 2012, the Defense Acquisition Regulations System, Department of Defense (DoD) published in the Federal Register an interim rule [DFARS Case 2012–D044] amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the United States-Panama Trade Promotion Agreement. This Trade Promotion Agreement is a free trade agreement (FTA) that provides for mutually nondiscriminatory treatment of eligible products and services from Panama. The effective date of the rule is November 16, 2012. Comments on…

The Committee on Government Procurement, on October 31, 2012, approved requests by Indonesia and Montenegro for observer status. The decisions bring to 25 governments the total number of observers to the plurilateral Government Procurement Agreement.The European Union, United States, Switzerland, Japan, Singapore, Canada, Chinese Taipei, Korea, Norway, Liechtenstein and Hong Kong, China welcomed Indonesia as an observer, and urged the country to apply to become a full-fledged Party to the Agreement.When Montenegro became a WTO…

On October 29, 2012, the US Trade Representative (USTR) published in the Federal Register a determination regarding waiver of discriminatory purchasing requirements under Trade Agreements Act of 1979. Chapter Nine of the United States-Panama Trade Promotion Agreement (Panama TPA) sets forth certain obligations with respect to government procurement of goods and services, as specified in Annex 9.1 of the Panama TPA. On October 21, 2011, the President signed into law the United States-Panama Trade Promotion…