[Federal Register Volume 64, Number 10 (Friday, January 15, 1999)]
[Rules and Regulations]
[Pages 2599-2600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-845]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
48 CFR Parts 225 and 252
[DFARS Case 98-D310]
Defense Federal Acquisition Regulation Supplement; Para-Aramid
Fibers and Yarns
AGENCY: Department of Defense (DoD).
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Director of Defense Procurement has issued an interim rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to implement Section 807 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999. Section 807 sets forth
conditions under which DoD may procure articles containing para-aramid
fibers and yarns manufactured in certain foreign countries.
DATES: Effective date: January 15, 1999.
Comment date: Comments on the interim rule should be submitted in
writing to the address shown below on or before March 16, 1999, 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 (703) 602-0350.
E-mail comments submitted over the Internet should be addressed to:
[email protected]
Please cite DFARS Case 98-D310 in all correspondence related to
this issue. E-mail comments should cite DFARS Case 98-D310 in the
subject line.
FOR FURTHER INFORMATION CONTACT:
Ms. Amy Williams, (703) 602-0131.
SUPPLEMENTARY INFORMATION:
A. Background
The ``Berry Amendment'' (10 U.S.C. 2241 note) restricts the
procurement of foreign synthetic fabric or coated synthetic fabric,
including textile fibers and yarns for use in such fabrics. Section 807
of the Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105-261) provides that the Secretary of Defense
may waive the foreign source restrictions for para-aramid fibers and
yarns under certain conditions. This interim rule amends DFARS
225.7002-2 and the clause at 252.225-7012 to implement Section 807.
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 only
known U.S. manufacturer of para-aramid fibers and yarns is DuPont,
which is a large business. 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 also will be considered in
accordance with 5 U.S.C. 610. Such comments should be submitted
separately and should cite DFARS Case 98-D310 in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this rule does
not impose any information collection requirements that require the
approval of the Office of Management and Budget 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 urgent and compelling reasons exist to publish this
interim rule prior to affording the public an opportunity to comment.
This interim rule implements Section 807 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999, which sets forth
conditions under which DoD may procure articles containing para-aramid
fibers and yarns manufactured in certain foreign countries. Section 807
became effective on October 17, 1998. Comments received in response to
the publication of this interim rule will be considered 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. Section 225.7002-2 is amended by adding paragraph (k) to read as
follows:
225.7002-2 Exceptions.
* * * * *
(k) Purchases of articles containing para-aramid fibers and yarns
manufactured in a qualifying country (see 225.872) if the Secretary of
Defense makes a determination in accordance with Section 807 of Pub. L.
105-261 that--
(1) Procuring articles that contain only para-aramid fibers and
yarns manufactured from suppliers within the United States or its
possessions would result in sole source contracts or subcontracts for
the supply of such para-aramid fibers and yarns;
(2) Such sole source contracts or subcontracts would not be in the
best interest of the Government or consistent with the objectives of
the Competition in Contracting Act (10 U.S.C. 2304); and
(3) The qualifying country permits U.S. firms that manufacture
para-aramid fibers and yarns to compete with foreign firms for the sale
of para-aramid fibers and yarns in that country.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
3. Section 252.225-7012 is amended by revising the clause date; in
paragraph (b)(3) by removing ``or'' at the end; in paragraph (b)(4)(iv)
by removing the period and adding in its place ``; or''; and by adding
paragraph (b)(5) to read as follows:
252.225-7012 Preference for certain domestic commodities.
* * * * *
Preference for Certain Domestic Commodities (Jan 1999)
* * * * *
[[Page 2600]]
(b) * * *
(5) To purchases of articles containing para-aramid fibers and
yarns manufactured in a country listed in subsection 225.872-1 of
the Defense FAR Supplement, if the Secretary of Defense makes a
determination for such purchases in accordance with Section 807 of
Pub. L. 105-261.
(End of clause)
[FR Doc. 99-845 Filed 1-14-99; 8:45 am]
BILLING CODE 5000-04-M