[Federal Register Volume 64, Number 230 (Wednesday, December 1, 1999)]
[Proposed Rules]
[Pages 67446-67447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31125]
[[Page 67445]]
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Part IV
Department of Defense
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General Services Administration
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National Aeronautics and Space Administration
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48 CFR Parts 25 and 52
Federal Acquisition Regulation; Restrictions on Acquisitions From
Yugoslavia and Afghanistan; Proposed Rule
Federal Register / Vol 64, No. 230 / Wednesday, December 1, 1999 /
Proposed Rules
[[Page 67446]]
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 25 and 52
[FAR Case 1999-008]
RIN 9000-AI54
Federal Acquisition Regulation; Restrictions on Acquisitions From
Yugoslavia and Afghanistan
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to implement Executive Orders
13121 and 13129. These Executive orders prohibit the importation into
the United States of any goods or services from Yugoslavia (Serbia and
Montenegro) or the territory of Afghanistan controlled by the Taliban.
DATES: Interested parties should submit comments in writing on or
before January 31, 2000 to be considered in the formulation of a final
rule.
ADDRESSES: Interested parties should submit written comments to:
General Services Administration, FAR Secretariat (MVRS), 1800 F Street,
NW, Room 4035, ATTN: Laurie Duarte, Washington, DC 20405.
Address e-mail comments submitted via the Internet to: farcase.1999-
[email protected].
Please submit comments only and cite FAR case 1999-008 in all
correspondence related to this case.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS
Building, Washington, DC 20405 at (202) 501-4755 for information
pertaining to status or publication schedules. For clarification of
content, contact Mr. Paul Linfield, Procurement Analyst, at (202) 501-
1757. Please cite FAR case 1999-008.
SUPPLEMENTARY INFORMATION:
A. Background
This rule proposes to amend FAR 25.70(a) and the clauses at FAR
52.212-5, Contract Terms and Conditions Required to Implement Statutes
or Executive Orders--Commercial Items, and FAR 52.225-11, Restrictions
on Certain Foreign Purchases, to implement Executive Order 13121 of
April 30, 1999, and Executive Order 13129 of July 4, 1999. These
Executive orders prohibit the importation into the United States of any
goods or services from Yugoslavia (Serbia and Montenegro) or the
territory of Afghanistan controlled by the Taliban. As a matter of
policy, the Government does not acquire, even for overseas use,
supplies or services that cannot be imported lawfully into the United
States.
This rule was not subject to Office of Management and Budget review
under section 6(b) of Executive Order 12866, Regulatory Planning and
Review, dated September 30, 1993. This rule is not a major rule under 5
U.S.C. 804.
B. Regulatory Flexibility Act
This proposed 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 it only
applies to acquisition of items from Yugoslavia or Afghanistan. An
Initial Regulatory Flexibility Analysis has, therefore, not been
performed. Comments are invited from small businesses and other
interested parties. The Councils will consider comments from small
entities concerning the affected FAR Subparts 25 and 52 in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 601, et seq. (FAR case 1999-008),
in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
3501, et seq.
List of Subjects in 48 CFR Parts 25 and 52
Government procurement.
Dated: November 24, 1999.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Therefore, DoD, GSA, and NASA propose that 48 CFR parts 25 and 52
be amended as set forth below:
1. The authority citation for 48 CFR parts 25 and 52 continues to
read as follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 25--FOREIGN ACQUISITION
2. Revise paragraph 25.701(a) to read as follows:
25.701 Restrictions.
(a) The Government generally does not acquire supplies or services
that cannot be imported lawfully into the United States. Therefore,
even for overseas use, agencies and their contractors and
subcontractors must not acquire any supplies or services originating
from sources within, or that were located in or transported from or
through--
(1) Cuba (31 CFR part 515);
(2) Iran (31 CFR part 560);
(3) Iraq (31 CFR part 575);
(4) Libya (31 CFR part 550);
(5) North Korea (31 CFR part 500);
(6) Sudan (31 CFR part 538);
(7) Territory of Afghanistan controlled by the Taliban (Executive
order 13129); or
(8) Yugoslavia (Serbia and Montenegro) (Executive Order 13121).
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
3. In section 52.212-5, revise the date of the clause; redesignate
paragraph (a)(2) as (a)(3); add new paragraph (a)(2); and amend newly
designated paragraph (a)(3) by removing ``U.S.C'' and adding ``U.S.C.''
in its place. The revised text read as follows:
52.212-5 Contract Terms and Conditions Required to Implement Statutes
or Executive Orders--Commercial Items.
* * * * *
Contract Terms and Conditions Required to Implement Statutes or
Executive Orders--Commercial Items (Date)
(a) * * *
(2) 52.225-11, Restrictions on Certain Foreign Purchases (E.O.'s
12722, 12724, 13059, 13067, 13121, and 13129); and
* * * * *
4. In section 52.225-11, revise the date of the clause and
paragraph (a); in paragraph (b) remove ``Government'' and insert
``government'' in its place; and revise paragraph (c) to read as
follows:
52.225-11 Restrictions on Certain Foreign Purchases.
* * * * *
Restrictions on Certain Foreign Purchases (Date)
(a) The Contractor shall not acquire, for use in the performance
of this contract, any supplies or services originating from sources
within, or that were located in or transported from or through,
countries whose products are banned from importation into the United
[[Page 67447]]
States under regulations of the Office of Foreign Assets Control,
Department of the Treasury. Those countries are Cuba, Iran, Iraq,
Libya, North Korea, Sudan, the territory of Afghanistan controlled
by the Taliban, and Yugoslavia (Serbia and Montenegro).
* * * * *
(c) The Contractor shall insert this clause, including this
paragraph (c), in all subcontracts.
(End of clause)
[FR Doc. 99-31125 Filed 11-30-99; 8:45 am]
BILLING CODE 6820-EP-M