DoD Seal DoD 50 Year Seal

OFFICE OF THE SECRETARY OF DEFENSE

1000 DEFENSE PENTAGON
WASHINGTON, DC 20301-1000
April 18,1996

 
ACQUISITION AND
 TECHNOLOGY

DP(DAR)

                                                           In reply refer to
                                                           DFARS Case:  96-D308
                                                           DAR Tracking No.: 96-O0004
                                                           D. L. 96-008



MEMORANDUM FOR  DIRECTORS OF DEFENSE AGENCIES
                DEPUTY FOR ACQUISITION AND BUSINESS MANAGEMENT,
                  ASN(RD&A)/ABM
                DEPUTY ASSISTANT SECRETARY OF THE AIR FORCE
                  (CONTRACTING), SAF/AQC
                DIRECTOR, PROCUREMENT POLICY, ASA(RD&A)/SARD-PP
                DEPUTY DIRECTOR (ACQUISITION), DEFENSE LOGISTICS
                  AGENCY



SUBJECT:         Designation of Singapore



        We have amended the Defense Federal Acquisition Regulation Supplement (DFARS)
(Atch 1) and issued a class deviation to the Federal Acquisition Regulation (FAR)
(Atch 2) to add Singapore as a designated country under the Trade Agreements Act
of 1979, as directed by the United States Trade Representative (USTR) (61 FR 11233,
March 19, 1996) (Atch 3).  The class deviation does not apply to procurements by
the Army Corps of Engineers.  The USTR may revoke this designation if Singapore has
not completed negotiations on its accession to the World Trade Organization
Government Procurement Agreement by July 31, 1996.


    The attached final DFARS rule and FAR class deviation are effective immediately.
Unless I rescind them, due to revocation by the USTR of Singapore’s designation, the
DFARS rule will be included in a future Defense Acquisition Circular and the FAR
deviation will remain in effect until the FAR is revised.







                                                      /s/

                                                Eleanor R. Spector
                                                Director, Defense Procurement

Attachments

cc: DSMC, Ft. Belvoir


DFARS Case 96-D308


Final Rule

PART 225--FOREIGN ACQUISITION

* * * * *

SUBPART 225.4--TRADE AGREEMENTS

* * * * *

225.408 Solicitation provision[s] and contract clauses.

* * * * *

(a)(2) Use the clause at 252.225-7007, Trade Agreements, instead of the clause at FAR 52.225-9, Buy American Act-Trade Agreements-Balance of Payments Program. The clause need not be used where purchase from foreign sources is restricted (see 225.403(d)(1)(B)). The clause may be used where the contracting officer anticipates a waiver of the restriction. [For procurements by the U.S. Army Corps of Engineers, use the clause with its Alternate I.]

* * * * *

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

* * * * *

SUBPART 252.2--TEXTS OF PROVISIONS AND CLAUSES

* * * * *

252.225-7007 Trade Agreements.
As prescribed in 225.408(a)(2), use the following clause:

Trade Agreements ([APR 1996])

(a) Definitions.

* * * * *

(3) "Designated country" means [:]

[Aruba Japan
Austria Lesotho
Bangladesh Liechtenstein
Belgium Luxembourg
Benin Malawi
Bhutan Maldives
Botswana Mali
Burkina Faso Nepal
Burundi Netherlands
Canada Niger
Cape Verde Norway
Central African Republic Portugal
Chad Republic of Korea
Comoros Rwanda
Denmark Singapore
Finland Somalia
France Spain
Gambia Sudan
Germany Sweden
Greece Switzerland
Guinea Tanzania U.R.
Haiti Uganda
Ireland United Kingdom
Israel Western Samoa
Italy Yemen]

* * * * *

[Alternate I (APR 1996). As prescribed in 225.408(a)(2), delete Singapore from the list of designated countries in paragraph (a)(3) of the basic clause.]


FAR DEVIATION 96-O0004

PART 25--FOREIGN ACQUISITION

* * * * *

SUBPART 25.4--TRADE AGREEMENTS

* * * * *

25.401 Definitions.

* * * * *

"Designated country," as used in this subpart, means a country or instrumentality designated under the Trade Agreements Act of 1979 and listed below:

Aruba Japan
Austria Lesotho
Bangladesh Liechtenstein
Belgium Luxembourg
Benin Malawi
Bhutan Maldives
Botswana Mali
Burkina Faso Nepal
Burundi Netherlands
Canada Niger
Cape Verde Norway
Central African Republic Portugal
Chad Republic of Korea
Comoros Rwanda
Denmark [Singapore]
Finland Somalia
France Spain
Gambia Sudan
Germany Sweden
Greece Switzerland
Guinea Tanzania U.R.
Haiti Uganda
Ireland United Kingdom
Israel Western Samoa
Italy Yemen

* * * * *

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

* * * * *

SUBPART 52.2--TEXTS OF PROVISIONS AND CLAUSES

* * * * *

52.225-15 Buy American Act--Construction Materials under Trade Agreements Act and North American Free Trade Agreement.
As prescribed in 25.205(b)(1), insert the following clause:

BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS ACT AND NORTH AMERICAN FREE TRADE AGREEMENT (JAN 1996) [(DEVIATION)]

(a) Definitions. As used in this clause--

* * * * *

["Designated country" means:

Aruba Japan
Austria Lesotho
Bangladesh Liechtenstein
Belgium Luxembourg
Benin Malawi
Bhutan Maldives
Botswana Mali
Burkina Faso Nepal
Burundi Netherlands
Canada Niger
Cape Verde Norway
Central African RepublicPortugal
Chad Republic of Korea
Comoros Rwanda
Denmark Singapore
Finland Somalia
France Spain
Gambia Sudan
Germany Sweden
Greece Switzerland
Guinea Tanzania U.R.
Haiti Uganda
Ireland United Kingdom
Israel Western Samoa
Italy Yemen]

"Designated country construction material" means a construction material that (a) is wholly the growth, product, or manufacture of a designated country, or (b) in the case of a construction material which consists in whole or in part of materials from another country or instrumentality, has been substantially transformed in a designated country into a new and different construction material distinct from the materials from which it was transformed.

* * * * *