DFARS CHANGE NOTICE, 19990507

Effective 07 May, 1999

[Federal Register: May 7, 1999 (Volume 64, Number 88)]

[Rules and Regulations]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DEPARTMENT OF DEFENSE

48 CFR Part 213

[DFARS Case 98-D031]

Defense Federal Acquisition Regulation Supplement; Applicability of Buy American Clauses to Simplified Acquisitions

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: The Director of Defense Procurement has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify the use of contract clauses that implement the Buy American Act. The rule applies to acquisitions that use the Federal Acquisition

Regulation (FAR) clause containing a list of clauses that most commonly apply to simplified acquisitions.

EFFECTIVE DATE: May 7, 1999.

EFFECTIVE DATES: Ms. Amy Williams, Defense Acquisition Regulations Council, PDUSD (A&T) DP (DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0131; telefax (703) 602- 0350. Please cite DFARS Case 98-D031.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule revises DFARS 213.302-5 to clarify that, when using the clause at FAR 52.213-4, Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items), the contracting officer must delete the reference to the clause at FAR 52.225-3, Buy American Act-Supplies. In accordance with DFARS 225.109(d), the clause at FAR 52.225-3 does not apply to DoD. This rule instead requires the contracting officer to use the appropriate Buy American Act clause

prescribed by the DFARS.

This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

This final rule does not constitute a significant revision within the meaning of FAR 1.501 and Public Law 98-577 and publication for public comment is not required. However, comments from small entities concerning the affected DFARS subpart will be considered in accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 98-D031.

C. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Part 213

Government procurement. Michele P. Peterson,

Executive Editor, Defense Acquisition Regulations Council.

Therefore, 48 CFR Part 213 is amended as follows:

1. The authority citation for 48 CFR Part 213 continues to read as follows:

Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 213-SIMPLIFIED ACQUISITION PROCEDURES

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213.302-5 Clauses.

[(a)] Use the clause at 252.243-7001, Pricing of Contract Modifications, in all bilateral purchase orders.

[(d) When using the clause at FAR 52.213-4, delete the reference to the clause at FAR 52.225-3, Buy American Act-Supplies. Instead, if the Buy American Act applies to the acquisition, use the clause at-

(i) 252.225-7001, Buy American Act and Balance of Payments Program, as prescribed at 225.109(d); or

(ii) 252.225-7036, Buy American Act-North American Free Trade Agreement Implementation Act-Balance of Payments Program, as prescribed at 225.408(a)(vi).]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DEPARTMENT OF DEFENSE

48 CFR Parts 225 and 252

[DFARS Case 96-D016]

Defense Federal Acquisition Regulation Supplement; Antiterrorism

Training

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: The Director of Defense Procurement is adopting as final, without change, the interim rule published in the Federal Register on June 11, 1998, that amended the Defense Federal Acquisition Regulation Supplement (DFARS) to add guidance pertaining to DoD antiterrorism/

force protection policy. The rule requires DoD contractors and their subcontractors to take appropriate security precautions when performing or traveling outside the United States.

EFFECTIVE DATE: May 7, 1999.

FOR FURTHER INFORMATION CONTACT: Ms. Melissa Rider, Defense Acquisition

Regulations Council, PDUSD (A&T) DP (DAR), IMD 3D139, 3062 Defense

Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0131; telefax

(703) 602-0350. Please cite DFARS Case 96-D016.

SUPPLEMENTARY INFORMATION:

A. Background

An interim rule with request for comments was published in the Federal Register at 63 FR 31963 on June 11, 1998. The rule added a new DFARS subpart and a new contract clause pertaining to antiterrorism/ force protection policy for DoD contracts that require performance or travel outside the United States. No comments were received in response to the interim rule. The interim rule is converted to a final rule without change.

This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

DoD certifies that this final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule applies only to contracts that require performance or travel outside the United States, and any costs related to compliance with the rule should be included in the contract price.

C. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 225 and 252

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition Regulations Council.

Interim Rule Adopted as Final Without Change.

PART 225--FOREIGN ACQUISITION, AND PART 252--SOLICITATION

PROVISIONS AND CONTRACT CLAUSES

Accordingly, the interim rule amending 48 CFR Parts 225 and 252, which was published at 63 FR 31936 on June 11, 1998, is adopted as a final rule without change.

[Federal Register: May 7, 1999 (Volume 64, Number 88)]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DEPARTMENT OF DEFENSE

48 CFR Parts 225 and 252

[DFARS Case 98-D310]

Defense Federal Acquisition Regulation Supplement; Para-Aramid Fibers and Yarns

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: The Director of Defense Procurement has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to permit the procurement of articles containing para-aramid fibers and yarns manufactured in the Netherlands. This rule finalizes the interim rule that was published in the Federal Register on January 15, 1999, to implement Section 807 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999.

EFFECTIVE DATE: May 7, 1999.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition

Regulations Council, PDUSD (A&T) DP (DAR), IMD 3D139, 3062 Defense

Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0131; telefax

(703) 602-0350. Please cite DFARS Case 98-D310.

SUPPLEMENTARY INFORMATION:

A. Background

An interim rule with request for comments was published in the Federal Register at 64 FR 2599 on January 15, 1999. The rule implemented Section 807 of the Strom Thurmond National Defense

Authorization Act for Fiscal Year 1999 (Public Law 105-261). Section 807 provides that the Secretary of Defense may waive the foreign source restrictions for para-aramid fibers and yarns under certain conditions. The Secretary of Defense delegated this waiver authority to the Under

Secretary of Defense (Acquisition and Technology). On February 12, 1999, the Under Secretary of Defense (Acquisition and Technology) issued a determination authorizing the procurement of articles containing para-aramid fibers and yarns manufactured in the Netherlands. Synthetic fabric containing the para-aramid fibers and yarns still must be manufactured in the United States.

Three sources submitted comments in response to the interim rule. All comments were considered in the development of the final rule. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

DoD certifies that this final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et. seq., because the only known U.S. manufacturer of para-aramid fibers and yarns is DuPont, which is a large business concern.

C. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 225 and 252

Government procurement. Michele P. Peterson,

Executive Editor, Defense Acquisition Regulations Council.

Interim Rule Adopted as Final With Changes

Accordingly, the interim rule amending 48 CFR Parts 225 and 252, which was published at 64 FR 2599 on January 15, 1999, is adopted as a final rule with the following changes:

1. The authority citation for 48 CFR Parts 225 and 252 continues to read as follows:

Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

DFARS Case 98-D310

Para-Aramid Fibers and Yarns

Final Rule

PART 225-FOREIGN ACQUISITION

* * * * *

SUBPART 225.70--AUTHORIZATION ACTS, APPROPRIATIONS ACTS, AND OTHER STATUTORY RESTRICTIONS ON FOREIGN ACQUISITION

* * * * *

225.7002 Restrictions on food, clothing, fabrics, specialty metals, and hand or measuring tools.

* * * * *

225.7002-2 Exceptions.

Acquisitions in the following categories are not subject to the restrictions in 225.7002-1-

* * * * *

(1) The]such fabric is to be used as a component of an end item that is not a textile product. Examples of textile products, made in whole or in part of fabric, include-

(k[2]) Purchases of articles containing [The fibers and yarns are] para-aramid fibers and yarns manufactured in[-

(ii) Another]a qualifying country (see 225.872) if the [Under] Secretary of Defense [(Acquisition and Technology)] makes a determination in accordance with Section 807 of Pub. L. 105-261 that-

* * * * *

PART 252-SOLICITATION PROVISIONS AND CONTRACT CLAUSES

* * * * *

252.225-7012 Preference for Certain Domestic Commodities.

As prescribed in 225.7002-3(a), use the following clause:

PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (JAN[MAY] 1999)

* * * * *

* * * * *

-

[(i) The]such fabric is to be used as a component of an end item that is not a textile product. Examples of textile products, made in whole or in part of fabric, include-

(End of clause)