[Federal Register Volume 78, Number 206 (Thursday, October 24, 2013)]
[Notices]
[Pages 63461-63462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25024]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
[Docket Number DARS-2013-0036]
Information Collection Requirement; Defense Federal Acquisition
Regulation Supplement; Foreign Acquisition
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Notice and request for comments regarding a proposed extension
of an approved information collection requirement.
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SUMMARY: In compliance with Section 3506(c)(2)(A) of the Paperwork
Reduction Act of 1995 (44 U.S.C. Chapter 35), DoD announces the
proposed extension of a public information collection requirement and
seeks public comment on the provisions thereof. DoD invites comments
on: (a) Whether the proposed collection of information is necessary for
the proper performance of the functions of DoD, including whether the
information will have practical utility; (b) the accuracy of the
estimate of the burden of the proposed information collection; (c) ways
to enhance the quality, utility, and clarity of the information to be
collected; and (d) ways to minimize the burden of the information
collection on respondents, including the use of automated collection
techniques or other forms of information technology. The Office of
Management and Budget (OMB) has approved this information collection
requirement for use through January 31, 2014. DoD proposes that OMB
extend its approval for use for three additional years.
DATES: DoD will consider all comments received by December 23, 2013.
ADDRESSES: You may submit comments, identified by OMB Control Number
0704-0229, using any of the following methods:
[cir] Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
[cir] Email: [email protected]. Include OMB Control Number 0704-229 in
the subject line of the message.
[cir] Fax: (571) 372-6094.
[cir] Mail: Defense Acquisition Regulations System, Attn: Amy
Williams, OUSD(AT&L)DPAP(DARS), 3060 Defense Pentagon, Room 3B855,
Washington, DC 20301-3060.
Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, (571) 372-6106. The
information collection requirements addressed in this notice are
available on the World Wide Web at: http://www.acq.osd.mil/dpap/dars/dfars/index.htm. Paper copies are available from Ms. Amy Williams,
OUSD(AT&L)DPAP(DARS), 3060, Room 3B855, Defense Pentagon, Washington,
DC 20301-30602.
SUPPLEMENTARY INFORMATION:
Title, Associated Form, and OMB Number: Foreign Acquisition--
Defense Federal Acquisition Regulation Supplement Part 225 and Related
Clauses at 252.225; DD Form 2139; OMB Control Number 0704-0229.
Needs and Uses: DoD needs this information to ensure compliance
with restrictions on the acquisition of foreign products imposed by
statute or policy to protect the industrial base; to ensure compliance
with U.S. trade agreements and memoranda of understanding that promote
reciprocal trade with U.S. allies; and to prepare reports for
submission to the Department of Commerce on the Balance of Payments
Program.
Affected Public: Businesses or other for-profit and not-for-profit
institutions.
Annual Burden Hours: 64,256 (64,161 reporting hours and 95
recordkeeping hours).
Number of Respondents: 23,197.
Responses per Respondent: 9.01.
Annual Responses: 209,117.
Average Burden per Response: .31 hours.
Frequency: On occasion.
Summary of Information Collection
This information collection includes requirements related to
foreign acquisition in DFARS Part 225, Foreign Acquisition, and the
related clause at DFARS 252.225.
DFARS 252.225-7000, Buy American Act--Balance of Payments Program
Certificate, as prescribed in 225.1101(1), requires an offeror to
identify, in its proposal, supplies that are not domestic end products,
separately listing qualifying country and other foreign end products.
DFARS 252.225-7003, Report of Intended Performance Outside the
United States and Canada--Submission with Offer, and 252.225-7004,
Report of Intended Performance Outside the United States and Canada--
Submission after Award, as prescribed in 225.7204(a) and (b)
respectively, require offerors and contractors to submit a Report of
Contract Performance Outside the United States for subcontracts to be
performed outside the United States. The reporting threshold is
$550,000 for contracts that exceed $11.5 million. The contractor may
submit the report on DD Form 2139, Report of Contract Performance
Outside the United States, or a computer-generated report that contains
all information required by DD Form 2139.
DFARS 252.225-7005, Identification of Expenditures in the United
States, as prescribed in 225.1103(1), requires contractors incorporated
or located in the United States to identify, on each request for
payment under contracts for supplies to be used, or for construction or
services to be performed, outside the United States, that part of the
requested payment representing estimated expenditures in the United
States.
DFARS 252.225-7006, Quarterly Reporting of Actual Contract
Performance Outside the United States, as prescribed at 252.7204(c) for
use in solicitations and contracts with a value exceeding $550,000,
requires reporting
[[Page 63462]]
of subcontracts that exceed the simplified acquisition threshold.
DFARS 252.225-7010, Commercial Derivative Military Article--
Specialty Metals Compliance Certificate, as prescribed at 225.7003-
5(b), requires the offeror to certify that it will take certain actions
with regard to specialty metals if the offeror chooses to use the
alternative compliance approach when providing commercial derivative
military articles to the Government.
DFARS 252.225-7013, Duty-Free Entry, as prescribed in 225.1101(4),
requires the contractor to provide information on shipping documents
and customs forms regarding products that are eligible for duty-free
entry.
DFARS 252.225-7018, Photovoltaic Devices--Certificate, as
prescribed at 225.7017-4(b), requires offerors to certify that no
photovoltaic devices with an estimated value exceeding $3,000 will be
utilized in performance of the contract or to specify the country of
origin.
DFARS 252.225-7020, Trade Agreements Certificate, as prescribed in
225.1101(5), requires an offeror to list the item number and country of
origin of any nondesignated country end product that it intends to
furnish under the contract. Either 252.225-7020 or 252.225-7022 is used
in any solicitation for products subject to the World Trade
Organization Government Procurement Agreement.
DFARS 252.225-7021, Alternate II, Trade Agreements, as prescribed
in 225.1101(6)(ii), in order to comply with a condition of the waiver
authority provided by the United States Trade Representative to the
Secretary of Defense, requires contractors from a south Caucasus/
central or south Asian state to inform the government of its
participation in the acquisition and also advise their governments that
they generally will not have such opportunities in the future unless
their governments provide reciprocal procurement opportunities to U.S.
products and services and suppliers of such products and services.
DFARS 252.225-7023, Preference for Products or Services from
Afghanistan, as prescribed in 225.7703-5(a), requires an offeror to
identify, in its proposal, products or services that are not products
or services from Iraq or Afghanistan.
DFARS 252.225-7025, Restriction on Acquisition of Forgings, as
prescribed in 225.7102-4, requires the contractor to retain records
showing compliance with the requirement that end items and their
components delivered under the contract contain forging items that are
of domestic manufacture only. The contractor must retain the records
for 3 years after final payment and must make the records available
upon request of the contracting officer. The contractor may request a
waiver of this requirement in accordance with DFARS 225.7102-3.
DFARS 252.225-7032, Waiver of United Kingdom Levies--Evaluation of
Offers, and 252.225-7033, Waiver of United Kingdom Levies, as
prescribed in 225.1101(7) and (8), require an offeror to provide
information to the contracting officer regarding any United Kingdom
levies included in the offered price, and require the contractor to
provide information to the contracting officer regarding any United
Kingdom levies to be included in a subcontract that exceeds $1 million,
before award of the subcontract.
DFARS 252.225-7035, Buy American Act--North American Free Trade
Agreement Implementation Act--Balance of Payments Program Certificate,
as prescribed in 225.1101(9), requires an offeror to list any
qualifying country, NAFTA country, or other foreign end product that it
intends to furnish under the contract. The Buy American Act no longer
applies to acquisitions of commercial information technology.
DFARS 252.225-7046, Exports of Approved Community Members in
Response to the Solicitation, requires a representation whether exports
or transfers of qualifying defense articles were made in preparing the
response to the solicitation. If yes, the offeror represents that such
exports or transfers complied with the requirements of the provision.
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
[FR Doc. 2013-25024 Filed 10-23-13; 8:45 am]
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