[Federal Register Volume 61, Number 59 (Tuesday, March 26, 1996)]
[Rules and Regulations]
[Pages 13106-13108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7218]
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DEPARTMENT OF DEFENSE
48 CFR Parts 225 and 252
Defense Federal Acquisition Regulation Supplement; Naval Vessel
Components
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 (DFARS)
to implement additional statutory restrictions on the acquisition of
anchor and mooring chain and totally enclosed lifeboats, when used as
naval vessel components.
DATES: Effective date: April 1, 1996.
Comment date: Comments on the interim rule should be submitted in
writing to the address shown below on or before May 28, 1996, 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
(A&T) DP (DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-
3062. Telefax number (703) 602-0350. Please cite DFARS Case 96-D300 in
all correspondence related to this issue.
FOR FURTHER INFORMATION CONTACT:
Ms. Amy Williams, (703) 602-0131
[[Page 13107]]
SUPPLEMENTARY INFORMATION:
A. Background
This interim DFARS rule implements Section 806, paragraph (a), of
the Fiscal Year 1996 Defense Authorization Act (Pub. L. 104-106),
amending the restriction on anchor and mooring chain at 225.7012 and
the restriction on totally enclosed lifeboat survival systems at
225.7022. The interim rule also removes outdated restrictions relating
to anchor and mooring chain for fiscal years 1988 through 1990, at
DFARS 225.7012-2, 225.7012-3, 225.7012-4(b) and (c), 252.225-7020, and
252.225-7021.
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. 602, et seq., because the
foreign source restrictions contained in the rule are not significantly
different from existing foreign source restrictions. An Initial
Regulatory Flexibility Analysis has therefore not been prepared.
Comments from small entities concerning the affected DFARS subparts
will be considered in accordance with Section 610 of the Act. Such
comments must be submitted separately and cite DFARS Case 96-d300 in
correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply. 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 promptly implement Section 806, paragraph (a), of the
Fiscal Year 1996 Defense Authorization Act (Pub. L. 104-106). 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 Parts 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 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 225--FOREIGN ACQUISITION
2. Sections 225.7012, 225.7012-1, 225.7012-2, and 225.7012-3 are
revised to read as follows:
225.7012 Restrictions on anchor and mooring chain.
225.7012-1 Restrictions.
(a) Under Public Law 101-511, Section 8041, and similar sections in
subsequent Defense appropriations acts, DoD appropriations for fiscal
years 1991 and after may not be used to acquire welded shipboard anchor
and mooring chain, four inches in diameter and under, unless--
(1) It is manufactured in the United States, including cutting,
heat treating, quality control, testing, and welding (both forging and
shot blasting process); and
(2) The cost of the components manufactured in the United States
exceeds 50 percent of the total cost of components.
(b) Acquisition of welded shipboard anchor and mooring chain, four
inches in diameter and under, when used as a component of a naval
vessel, is also restricted under 10 U.S.C. 2534(a)(3)(ii). However, the
more stringent restriction under 225.7012-1(a) takes precedence.
225.7012-2 Waiver.
The restriction in 225.7012-1(a) may be waived by the Secretary of
the Department responsible for acquisition, on a case-by-case basis,
where sufficient domestic suppliers are not available to meet DoD
requirements on a timely basis and the acquisition is necessary to
acquire capability for national security purposes.
(a) Document the waive in a written D&F containing--
(1) The factors supporting the waiver; and
(2) A certification that the acquisition must be made in order to
acquire capability for national security purposes.
(b) Provide a copy of the D&F to the House and Senate Committees on
Appropriations.
225.7012-3 Contract clauses.
Use the clause at 252.225-7019, Restriction on Acquisition of
Foreign Anchor and Mooring Chain, in all solicitations and contracts--
(1) Using fiscal year 1991 or later funds; and
(2) Requiring welded shipboard anchor or mooring chain of four
inches in diameter or less.
225.7012-4 [Removed]
3. Section 225.7012-4 is removed.
4. Sections 225.7022, 225.7002-1, and 225.7022-2 are revised to
read as follows:
225.7002 Restrictions on totally enclosed lifeboat survival systems.
225.7022-1 Restrictions.
(a) In accordance with Section 8124 of the Fiscal Year 1994 Defense
Appropriations Act (Public Law 103-139) and Section 8093 of the Fiscal
Year 1995 Defense Appropriations Act (Public Law 103-335), 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.
(b) In accordance with 10 U.S.C. 2534(a)(3)(B), do not purchase a
totally enclosed lifeboat which is a component of a naval vessel,
unless it is manufactured in the United States or Canada. In accordance
with 10 U.S.C. 2534(h), this restriction may not be implemented through
the use of a contract clause or certification. Implementation shall be
effected through management and oversight techniques that achieve the
objective of the restriction without imposing a significant management
burden on the Government or the contractor involved.
225.7022-2 Exceptions.
The restriction in 225.7022-1(b) does not apply if--
(a) The acquisition is at or below the simplified acquisition
threshold; or
(b) Spare or repair parts are needed to support totally enclosed
lifeboats manufactured outside the United States or Canada.
5. Sections 225.7022-3 and 225.7022-4 are added to read as follows:
225.7022-3 Waiver.
The waiver criteria at 225.7004-4 apply only to the restriction of
225.7022-1(b).
225.7022-4 Contract clause.
Use the clause at 252.225-7039, Restriction on Acquisition of
Totally Enclosed Lifeboat Survival Systems, in all solicitations and
contracts which require delivery of totally enclosed lifeboat survival
systems.
[[Page 13108]]
PART 252--SOLICITATION PROVISIONS AND CONTRACTS CLAUSES
252.225-7019 [Amended]
6. Section 252.225-7019 is amended in the introductory text by
revising the citation ``225.7012-4(a)'' to read ``225.7012-3''.
225.225-7020 and 252.7021 [Removed and reserved]
7. Sections 252.225-7020 and 252.225-7021 are removed and reserved.
8. Section 252.225-7039 is amended by revising the introductory
text, the clause date, and the introductory text of the clause to read
as follows:
252.225-7039 Restriction on acquisition of Totally Enclosed Lifeboat
Survival Systems.
As prescribed in 225.7022-4, use the following clause:
RESTRICTION ON ACQUISITION OF TOTALLY ENCLOSED LIFEBOAT SURVIVAL
SYSTEMS (APR 1996)
For totally enclosed lifeboat survival systems furnished under
this contract, which consist of lifeboat and associated davits and
winches, the Contractor agrees that--
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[FR Doc. 96-7218 Filed 3-25-96; 8:45 am]
BILLING CODE 5000-04-M