[Federal Register: November 26, 2003 (Volume 68, Number 228)]
[Notices]
[Page 66403-66404]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26no03-36]

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DEPARTMENT OF DEFENSE

[OMB Control Number 0704-0229]


Information Collection Requirement; Defense Federal Acquisition
Regulation Supplement; Foreign Acquisition

AGENCY: 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
for use through March 31, 2004. DoD proposes that OMB extend its
approval for use through March 31, 2007.

DATES: DoD will consider all comments received by January 26, 2004.

ADDRESSES: Respondents may submit comments directly on the Internet at
http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. As an alternative, respondents may e-mail comments to: dfars@osd.mil. Please cite OMB

Control Number 0704-0229 in the subject line of e-mailed comments.
    Respondents that cannot submit comments using either of the above
methods may submit comments to: Defense Acquisition Regulations
Council, Attn: Ms. Amy Williams, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062
Defense Pentagon, Washington, DC 20301-3062; facsimile (703) 602-0350.
Please cite OMB Control Number 0704-0229.
    At the end of the comment period, interested parties may view
public comments on the Internet at http://emissary.acq.osd.mil/dar/dfars.nsf
.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, (703) 602-0328. The
information collection requirements addressed in this notice are
available electronically via the Internet at: http://www.acq.osd.mil/dp/dars/dfars.html.
 Paper copies are available from Ms. Amy Williams,
OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC
20301-3062.

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: 352,380 (52,285 reporting hours; 300,095
recordkeeping hours).
    Number of Respondents: 22,415.
    Responses Per Respondent: Approximately 7.
    Number of Responses: 165,134.
    Average Burden Per Response: .32 hours.
    Frequency: On occasion.

Summary of Information Collection

    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 252.225-7004, Reporting of Contract Performance
Outside the United States, as prescribed in 225.7203, require offerors
and contractors to report information on subcontracts to be performed
outside the United States. The reporting thresholds are $500,000 for
contracts exceeding $10 million and the simplified acquisition
threshold ($100,000) for contracts exceeding $500,000. The contractor
may submit the report on DD Form 2139, Report of Contract Performance
Outside the United States, or may use 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 252.225-7013, Duty-Free Entry, as prescribed in 225.1101(4),
replaces three clauses formerly at DFARS 252.225-7009, Duty-Free
Entry--Qualifying Country Supplies (End Products and Components), DFARS
252.225-7010, Duty-Free Entry--Additional Provisions, and

[[Page 66404]]

DFARS 252.225-7037, Duty-Free Entry--Eligible End Products. This new
clause requires the contractor to provide information on shipping
documents and customs forms regarding products that are eligible for
duty-free entry.
    DFARS 252.225-7016, Restriction on Acquisition of Ball and Roller
Bearings, as prescribed in 225.7009-4(a), requires the contractor to
retain records showing compliance with the requirement that ball and
roller bearings delivered under the contract be wholly manufactured in
the United States or Canada. 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 225.7009-3, which requires
the contractor to submit a written plan for transitioning to
domestically manufactured bearings, if the waiver is requested under a
multiyear contract or a contract exceeding 12 months.
    DFARS 252.225-7018, Notice of Prohibition of Certain Contracts with
Foreign Entities for the Conduct of Ballistic Missile Defense Research,
Development, Test, and Evaluation, as prescribed in 225.7017-4, gives
notice of the statutory prohibition on award of a contract to a foreign
government or firm, if the contract provides for the conduct of
research, development, test, or evaluation in connection with the
Ballistic Missile Defense Program. The provision requires an offeror to
indicate whether it is or is not a U.S. firm.
    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. This provision is used in all solicitations
for products subject to the Trade Agreements Act.
    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.

Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
[FR Doc. 03-29495 Filed 11-25-03; 8:45 am]

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