[Federal Register Volume 59, Number 78 (Friday, April 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9756]


[[Page Unknown]]

[Federal Register: April 22, 1994]


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DEPARTMENT OF DEFENSE

48 CFR Parts 225 and 252

 

Defense Federal Acquisition Regulation Supplement; Lifeboat 
Survival System

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for public comments.

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SUMMARY: The Department of Defense has amended the Defense Federal 
Acquisition Regulation Supplement to prohibit the purchase of totally 
enclosed lifeboat survival systems, which consist of the lifeboat and 
associated davits and winches, if less than 50 percent of the entire 
system's components are manufactured in the United States, and if less 
than 50 percent of the labor in the manufacture and assembly of the 
entire system is performed in the United States.

DATES: Effective Date: April 13, 1994.
    Comment Date: Comments on the interim DFARS rule should be 
submitted in writing to the address shown below on or before May 23, 
1994 to be considered in the formulation of a final rule.

ADDRESSES: Interested parties should submit written comments to The 
Defense Acquisition Regulations Council, ATTN: Mrs. Alyce Sullivan, 
OUSD(A&T)DP(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 
20301-3062. Telefax number (703) 604-5971. Please cite DFARS Case 93-
D308 in all correspondence related to this issue.

FOR FURTHER INFORMATION CONTACT:
Mrs. Alyce Sullivan, (703) 604-5929.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 8124 of the Fiscal Year 1994 Defense Appropriations Act 
(Pub. L. 103-139) prohibits the purchase of totally enclosed lifeboat 
survival systems, which consist of the lifeboat and associated davits 
and winches, if less than 50 percent of the entire system's components 
are manufactured in the United States, and if less than 50 percent of 
the labor in the manufacture and assembly of the entire system is 
performed in the United States.
    The Director, Defense Procurement, issued Departmental Letter 94-
05, April 13, 1994, to implement the restriction on acquisition of 
lifeboat survival systems in the Defense Federal Acquisition Regulation 
Supplement.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act applies but is not expected to have 
a significant impact on a substantial number of small entities because 
the revisions are limited to the acquisition of lifeboat survival 
systems and result in a preference for U.S. manufacturers.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the revisions in 
this rulemaking notice do not contain and/or affect information 
collection requirements which require the approval of OMB under 44 
U.S.C. 3501 et seq.

D. Determination To Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense to issue this rule as an interim rule. Urgent and compelling 
reasons exist to promulgate this rule before affording the public an 
opportunity to comment. This action is necessary because Section 8124 
became effective upon enactment of the Fiscal Year 1994 Defense 
Appropriations Act (Pub. L. 103-139), on November 11, 1993. However, 
pursuant to Public Law 98-577 and Federal Acquisition Regulation 1.501, 
public comments received in response to this interim rule will be 
considered in formulating the final rule.

List of Subjects in 48 CFR Parts 225 and 252

    Government procurement.
Claudia L. Naugle,
Deputy Director, Defense Acquisition Regulations Council.

    Accordingly, 48 CFR parts 225 and 252 are amended as follows:
    1. The authority for 48 CFR parts 225 and 252 continues to read as 
follows:

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

PART 225--FOREIGN ACQUISITION

    2. A new section 225.7022 is added to read as follows:


225.7022  Restriction on totally enclosed lifeboat survival systems.


225.7022-1  Restriction.

    In accordance with Section 8124 of the Fiscal Year 1994 Defense 
Appropriations Act (Pub. L. 103-139), do not purchase a totally 
enclosed lifeboat survival system, which consists of the lifeboat and 
associated davits and winches, unless 50 percent or more of the 
components are manufactured in the United States, and 50 percent or 
more of the labor in the final manufacture and assembly of the entire 
system is performed in the United States.


225.7022-2  Contract clause.

    Use the clause at 252.255-7039, Restriction on Acquisition of Total 
Enclosed Lifeboat Survival Systems, in all solicitations and contracts 
which require delivery of totally enclosed lifeboat systems.
    3. Section 252.225-7039 is added to read as follows:


252.225-7039  Restriction on acquisition of totally enclosed lifeboat 
survival systems.

    As prescribed in 225.7022-2, use the following clause:

Restriction on Acquisition of Totally Enclosed Lifeboat Survival 
Systems (Mar. 1994)

    For totally enclosed lifeboat systems furnished under this 
contract, which consist of lifeboat and associated davits and 
winches, the Contractor agrees that--
    (a) 50 percent or more of the components have been manufactured 
in the United States, and
    (b) 50 percent or more of the labor in the manufacture and 
assembly of the entire system has been performed in the United 
States.

(End of clause)

[FR Doc. 94-9756 Filed 4-21-94; 8:45 am]
BILLING CODE 3810-01-M