[Federal Register Volume 60, Number 127 (Monday, July 3, 1995)]
[Rules and Regulations]
[Pages 34471-34472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16159]



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DEPARTMENT OF DEFENSE
48 CFR Parts 225 and 252


Defense Federal Acquisition Regulation Supplement; Supercomputers

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for comment.

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SUMMARY: The Director of Defense Procurement has issued an interim rule 
amending the Defense Federal Acquisition Regulation Supplement (DFFARS) 
to reflect a statutory restriction on the acquisition of supercomputers 
of foreign manufacture.

DATES: Effective date: July 3, 1995.
    Comment date: Comments on the interim rule should be submitted in 
writing to the address shown below on or before September 1, 1995, to 
be considered in the formulation of the final rule

ADDRESSES: Interested parties should submit written comments to: 
Defense Acquisition Regulations Council, Attn: Ms. Amy Williams, PDUSD 
(AT&T)DP(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-
3062. Telefax number (703) 602-0350. Please cite DFARS Case 95-D301 in 
all correspondence related to this issue.

FOR FURTHER INFORMATION CONTACT:Ms. Amy Williams, (703) 602-0131.

SUPPLEMENTARY INFORMATION: 

A. Background

    This interim DFARS rule implements Section 8023 of the Fiscal Year 
1995 Defense Appropriations Act (Pub. L. 103-335). Section 8023 and 
comparable sections in prior Defense Appropriations Acts require that 
any supercomputers acquired with defense funds appropriated in Fiscal 
Years 1988 through 1995 must be manufactured in the United States, 
unless the Secretary of Defense certifies to Congress that the 
supercomputers are for national security purposes and are not available 
from United States manufacturers.

B. Regulatory Flexibility Act

    This interim rule is not expected to 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 
places restrictions on the acquisition of foreign products. An Initial 
Regulatory Flexibility Analysis has therefore not been performed. 
Comments are invited from small businesses and other interested 
parties. Comments from small entities concerning the affected DFARS 
subparts will also be considered in accordance with Section 610 of the 
Act. Such comments must be submitted separately and cite DFARS Case 95-
D301 in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this interim 
rule does not impose any new 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 that compelling reasons exist to publish this interim rule 
prior to affording the public an opportunity to comment. This action is 
necessary to implement Section 8023 of the Fiscal Year 1995 Defense 
Appropriations Act (Pub. L. 103-335). Comments received in response to 
the publication of this interim rule will be considered in formulating 
the final rule.

List of Subjects in 48 CFR Part 225 and 252

    Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.

    Therefore, 48 CFR Parts 225 and 252 are amended as follows:
    1. The authority citation for 48 CFR parts 225 and 252 is revised 
to read as follows:

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

PART 225--FOREIGN ACQUISITION

    2. Sections 225.7023, 225.7023-1, 225.7023-2, and 225.7023-3 are 
added to read as follows:


225.7023  Restriction on supercomputers.


225.7023-1  Restriction.

    In accordance with Section 8101 of Pub. L. 100-202, and similar 
sections in subsequent Defense Appropriations Acts, do not purchase any 
supercomputer that is not manufactured in the United States.


225.7023-2  Waiver.

    The restriction in 225.7023-1 may be waived by the Secretary of 
Defense on a case-by-case basis, after the Secretary of Defense 
certifies to the Armed Services and Appropriations Committees of 
Congress that--
    (a) Adequate U.S. supplies are not available to meet requirements 
on a timely basis; and
    (b) The acquisition must be made in order to acquire capability for 
national security purposes.


225.7023-3  Contract clause.

    Use the clause at 252.225-7011, Restrictions on Acquisition of 
Supercomputers, in solicitations and contracts for the acquisition of 
supercomputers.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. Section 252.225-7011 is added to read as follows:


252.225-7011  Restriction on Acquisition of Supercomputers.

    As prescribed in 225.7023-3, use the following clause:

Restriction on Acquisition of Supercomputers (Insert month and year of 
publication in the Federal Register)

    The Contractor agrees that any supercomputers furnished under 
this contract have been manufactured in the United States.


[[Page 34472]]

(End of clause)

[FR Doc. 95-16159 Filed 6-30-95; 8:45 am]
BILLING CODE 5000-04-M