[Federal Register Volume 85, Number 39 (Thursday, February 27, 2020)]
[Notices]
[Pages 11353-11354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03889]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
[Docket Number DARS-2020-0005; OMB Control Number 0704-0229]
Information Collection Requirement; Defense Federal Acquisition
Regulation Supplement (DFARS); Foreign Acquisition
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Notice and request for comments regarding a proposed revision
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, DoD invites comments on: 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; the accuracy of the estimate of the burden of the
proposed information collection; ways to enhance the quality, utility,
and clarity of the information to be collected; and 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 for use through May 31, 2020. DoD proposes that
OMB extend its approval for use for three additional years beyond the
current expiration date.
DATES: Consideration will be given to all comments received by April
27, 2020.
ADDRESSES: You may submit comments, identified by OMB Control Number
0704-0229, using any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
Email: [email protected]. Include OMB Control Number 0704-0229 in
the subject line of the message.
Fax: 571-372-6094.
Mail: Defense Acquisition Regulations System, Attn: Ms. Kimberly
Bass, OUSD(A&S)DPC(DARS), 3060 Defense Pentagon, Room 3B941,
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. Kimberly Bass, telephone 571-372-
6174.
SUPPLEMENTARY INFORMATION:
Title, Associated Form, and OMB Number: Defense Federal Acquisition
Regulation Supplement (DFARS) Defense Federal Acquisition Regulation
Supplement Part 225, Foreign Acquisition, and Related Clauses at
252.225; DD Form 2139; OMB Control Number 0704-0229.
Affected Public: Businesses or other for-profit and not-for-profit
institutions.
Number of Respondents: 39,221.
Responses per Respondent: 10, approximately.
Annual Responses: 382,876.
Average Burden per Response: .28 hours, approximately.
Annual Burden Hours: 106,730 (106,995 reporting hours and
recordkeeping hours).
Reporting Frequency: On occasion.
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 the U.S. allies; and to prepare reports for
submission to the Department of Commerce on the Balance of Payments
Program. This information collection includes requirements related to
foreign acquisition in DFARS Part 225, Foreign Acquisition, and the
related clauses at DFARS 252.225 as follows:
DFARS 252.225-7000, Buy American--Balance of Payments Program
Certificate, as prescribed in 225.1101(1) and (1)(i), requires the
offeror to identify in its proposal supplies that do not meet the
definition of domestic end product, separately listing qualifying
country and other foreign end products. The Buy American statute does
not apply to acquisitions of commercial information technology.
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 DFARS 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
$750,000 for contracts that exceed $15 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.
[[Page 11354]]
DFARS 252.225-7005, Identification of Expenditures in the United
States, as prescribed in DFARS 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 252.225-7010, Commercial Derivative Military Article--
Specialty Metals Compliance Certificate, as prescribed at DFARS
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, prescribed at DFARS
225.1101(4), requires the contractor or an authorized agent to provide
information on shipping documents and customs forms regarding those
items that are eligible for duty-free entry.
DFARS 252.225-7018, Photovoltaic Devices--Certificate, as
prescribed at DFARS 225.7017-4(b), requires offerors to certify that no
photovoltaic devices with an estimated value exceeding the micro-
purchase threshold 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) and (5)(i), only requires listing of nondesignated country
end products. This provision is used in solicitations for all
acquisitions subject to the World Trade Organization Government
Procurement Agreement.
DFARS 252.225-7021, Alternate II, Trade Agreements, as prescribed
in DFARS 225.1101(6) and (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 DFARS 225.7703-4(a), requires offerors to
identify products or services that are not products or services from
Afghanistan.
DFARS 252.225-7025, Restriction on Acquisition of Forgings, as
prescribed in DFARS 225.7102-4, also requires contractor retention of
records showing compliance with the restrictions until 3 years after
final payment. The contractor agrees to make the records available to
the contracting officer upon request. The contractor may request a
waiver 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 DFARS 225.1101(7) and (8) respectively, require United
Kingdom offerors and prime contractors, and offerors and prime
contractors with subcontracts of a dollar value exceeding $1 million
with United Kingdom firms, to provide certain information necessary for
DoD to obtain a waiver of United kingdom levies.
DFARS 252.225-7035, Buy American--Free Trade Agreements--Balance of
Payments Program Certificate, as prescribed in 225.1101(9) and (9)(i),
requires separate listing of qualifying country (except Canada), FTA
country, or other foreign end products. Alternate I, as prescribed in
225.1101(9) and (9)(ii), requires listing of Canadian end products,
rather than FTA country end products, in solicitations between $25,000
and the FTA threshold. The Buy American statute no longer applies to
acquisitions of commercial information technology.
DFARS 252.225-7046, Exports of Approved Community Members in
Response to the Solicitation, as prescribed at DFARS 225.7902-5(a),
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.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
[FR Doc. 2020-03889 Filed 2-26-20; 8:45 am]
BILLING CODE 5001-06-P