[Federal Register Volume 59, Number 86 (Thursday, May 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10790]


[[Page Unknown]]

[Federal Register: May 5, 1994]


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DEPARTMENT OF DEFENSE

48 CFR Part 225

 

Defense Federal Acquisition Regulation Supplement; Petroleum 
Products

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

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SUMMARY: The Department of Defense has amended the Defense Federal 
Acquisition Regulation Supplement to require that qualified offers of 
petroleum products from eligible countries under the Caribbean Basin 
Economic Recovery Act be treated as if they were offers from designated 
countries under the Trade Agreements Act.

EFFECTIVE DATE: April 26, 1994.

FOR FURTHER INFORMATION CONTACT: Mrs. Alyce Sullivan, (703) 697-7266.

SUPPLEMENTARY INFORMATION: 

A. Background

    Section 8094 of the Fiscal Year 1994 Defense Appropriations Act 
(Pub. L. 103-139) requires that in connection with procurements of 
petroleum products made by the Department of Defense with appropriated 
funds, the Secretary shall consider all qualified bids from any 
eligible country under the Caribbean Basin Economic Recovery Act which 
is deemed a designated country pursuant to 19 U.S.C. 2511(b).
    The Director, Defense Procurement, issued Departmental Letter 94-
08, April 26, 1994, to implement section 8094 (DFARS Case 93-D312).

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply because this rule is 
not a significant revision within the meaning of Public Law 98-577. 
However, comments from small entities will be considered in accordance 
with section 810 of the Act. Such comments shall cite DFARS Case 94-610 
in correspondence.

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.

List of Subjects in 48 CFR Part 225

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

    Therefore, 48 CFR part 225 is amended as follows:
    1. The authority for 48 CFR part 225 continues to read as follows:

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

PART 225--FOREIGN ACQUISITION

    2. A new definition is added to section 225.401 to read as follows:


225.401  Definitions.

    ``Caribbean Basin country end product'' includes petroleum or any 
product derived from petroleum.
* * * * *
    3. Section 225.403 is amended by adding paragraph (m)(4) to read as 
follows:


225.403  Exceptions.

* * * * *
    (m)(4) In accordance with Section 8094 of the Fiscal Year 1994 
Defense Appropriations Act, (Pub. L. 103-139), for contracts awarded 
during fiscal year 1994, the exception for petroleum and any product 
derived from petroleum does not apply.
    4. Section 225.403-70 is amended by revising the entry FSG # 91 to 
read as follows:


225.403-70  Products subject to Trade Agreements Act.

* * * * *
FSG  Category/Description
* * * * *
91  Fuels, oils and waxes
* * * * *
[FR Doc. 94-10790 Filed 5-4-94; 8:45 am]
BILLING CODE 3810-01-M