[Federal Register Volume 65, Number 207 (Wednesday, October 25, 2000)]
[Notices]
[Pages 63844-63845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27247]


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DEPARTMENT OF DEFENSE

[OMB Control Number 0704-0229]


Information Collection Requirement; Defense Federal Acquisition 
Regulation Supplement; Foreign Acquisition

AGENCY: Department of Defense (DoD).

ACTION: Notice and request for comments regarding a proposed extension 
of an approved information collection requirement.

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SUMMARY: In compliance with Section 3506(c)(2)(A) of the Paperwork 
Reduction Act of 1995 (44 U.S.C. Chapter 35), DoD announces the 
proposed extension of a public information collection requirement and 
seeks public comment on the provisions thereof. DoD invites comments 
on: (a) Whether the proposed collection of information is necessary for 
the proper performance of the functions of DoD, including whether the 
information will have practical utility; (b) the accuracy of the 
estimate of the burden of the proposed information collection; (c) ways 
to enhance the quality, utility, and clarity of the information to be 
collected; and (d) ways to minimize the burden of the information 
collection on respondents, including the use of automated collection 
techniques or other forms of information technology. The Office of 
Management and Budget (OMB) has approved this information collection 
for use through April 30, 2001. DoD proposes that OMB extend its 
approval for use through April 30, 2004.

DATES: DoD will consider all comments received by December 26, 2000.

ADDRESSES: Interested parties should submit written comments and 
recommendations on the proposed information collection to: Defense 
Acquisition Regulations Council, Attn: Ms. Amy Williams, 
OUSD(AT&L)DP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 
20301-3062. Telefax (703) 602-0350.
    E-mail comments submitted via the Internet should be addressed to: 
[email protected].
    Please cite OMB Control Number 0704-0229 in all correspondence 
related to this issue. E-mail comments should cite OMB Control Number 
0704-0229 in the subject line.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, (703) 602-0288. The 
information collection requirements addressed in this notice are 
available electronically via the Internet at: http://www.acq.osd.mil/dp/dars/dfars.html. Paper copies are available from Ms. Amy Williams, 
OUSD(AT&L)DP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 
20301-3062.

SUPPLEMENTARY INFORMATION: Title, Form, and OMB Number: Foreign 
Acquisition--Defense Federal Acquisition Regulation Supplement Part 225 
and Related Clauses at 252.225; DD Form 2139; OMB Control Number 0704-
0229.
    Needs and Uses: DoD needs this information to ensure compliance 
with restrictions on the acquisition of foreign products imposed by 
statute or policy to protect the industrial base; to ensure compliance 
with U.S. trade agreements and memoranda of understanding that promote 
reciprocal trade with U.S. allies; and to prepare reports for 
submission to the Department of Commerce on the Balance of Payments 
Program.
    Affected Public: Businesses or other for-profit and not-for-profit 
institutions.
    Annual Burden Hours: 74,173.
    Number of Respondents: 31,347.
    Responses Per Respondent: Approximately 7.
    Number of Responses: 223,942.
    Average Burden Per Response: .33 hours.
    Frequency: On occasion.

Summary of Information Collection

    DFARS 252.225-7000, Buy American Act--Balance of Payments Program 
Certificate, as prescribed in 225.1101(1), requires an offeror to list 
the item number and country of origin of any qualifying country or 
nonqualifying country end product that it intends to furnish under the 
contract.
    DFARS 252.225-7003, Information for Duty-Free Entry Evaluation, as 
prescribed in 225.1101(4), requires an offeror to indicate whether or 
not it intends to furnish foreign supplies under the contract, other 
than those that will be accorded duty-free entry under another clause 
of the contract. If the offeror intends to furnish such foreign 
supplies, the offeror must indicate whether or not the supplies are in 
the United States and whether or not the duty on the supplies has been 
paid. If the duty has not been paid, the offeror must specify the 
amount included in its offer to cover the duty.
    DFARS 252.225-7005, Identification of Expenditures in the United 
States, as prescribed in 225.1103(1), requires the contractor to 
identify, on each request for payment under a contract involving a 
foreign contractor or performance outside the United States, the part 
of the requested payment representing estimated expenditures in the 
United States.
    DFARS 252.225-7006, Buy American Act--Trade Agreements--Balance of

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Payments Program Certificate, as prescribed in 225.1101(5), requires an 
offeror to list the item number and country of origin of any U.S. made 
(but not domestic), qualifying country, designated country, Caribbean 
Basin country, NAFTA country, or other nondesignated country end 
product that it intends to furnish under the contract.
    DFARS 252.225-7009, Duty-Free Entry--Qualifying Country Supplies 
(End Products and Components), DFARS 252.225-7010, Duty-Free Entry--
Additional Provisions, and DFARS 252.225-7037, Duty-Free Entry--
Eligible End Products, as prescribed in 225.1101 (8), (9), and (14), 
respectively, require the contractor to notify the administrative 
contracting officer upon award of a subcontract for products that are 
eligible for duty-free entry, and to provide information in shipping 
documents and customs forms regarding products that are eligible for 
duty-free entry.
    DFARS 252.225-7016, Restriction on Acquisition of Ball and Roller 
Bearings, as prescribed in 225.7019-4, requires the contractor to 
retain records showing compliance with the requirement that ball and 
roller bearings delivered under the contract must be wholly 
manufactured in the United States or Canada. The contractor must retain 
the records until 3 years after final payment and must make the records 
available upon request of the contracting officer. The contractor may 
request a waiver of the requirement in accordance with DFARS 225.7019-
3, which also requires the contractor to submit a written plan for 
transitioning to domestically manufactured bearings, if the waiver is 
requested under a multiyear contract or a contract exceeding 12 months.
    DFARS 252.225-7018, Notice of Prohibition of Certain Contracts with 
Foreign Entities for the Conduct of Ballistic Missile Defense RDT&E, as 
prescribed in 225.7011-5, gives notice of the statutory prohibition on 
award of a contract to a foreign government or firm, if the contract 
provides for the conduct of research, development, test, or evaluation 
in connection with the Ballistic Missile Defense Program. The provision 
requires an offeror to indicate whether it is or is not a U.S. firm.
    DFARS 252.225-7020, Trade Agreements Certificate, as prescribed in 
225.1101(10), requires an offeror to list the item number and country 
of origin of any nondesignated country end product that it intends to 
furnish under the contract.
    DFARS 252.225-7025, Restriction on Acquisition of Forgings, as 
prescribed in 225.7102-4, requires the contractor to retain records 
showing compliance with the requirement that end items and their 
components delivered under the contract must contain domestic forging 
items. The contractor must retain the records until 3 years after final 
payment and must make the records available upon request of the 
contracting officer. The contractor may request a waiver of the 
requirement in accordance with DFARS 225.7102-3.
    DFARS 252.225-7026, Reporting of Contract Performance Outside the 
United States, as prescribed in 225.7203, requires the contractor to 
submit a report when any part of the contract that exceeds a specified 
dollar threshold will be performed outside the United States. The 
specified threshold is $500,000 for contracts that exceed $10 million, 
or the simplified acquisition threshold ($100,000) for contracts that 
exceed $500,000. The contractor may submit the report on DD Form 2139, 
Report of Contract Performance Outside the United States, or may use a 
computer-generated report that contains all information required by DD 
Form 2139.
    DFARS 252.225-7032, Waiver of United Kingdom Levies, as prescribed 
in 225.873-3, requires an offeror to provide information to the 
contracting officer regarding any United Kingdom levies included in the 
offered price, and requires the contractor to provide information to 
the contracting officer regarding any United Kingdom levies to be 
included in a subcontract that exceeds $1 million, before award of the 
subcontract.
    DFARS 252.225-7035, Buy American Act--North American Free Trade 
Agreement Implementation Act--Balance of Payments Program Certificate, 
as prescribed in 225.1101(12), requires an offeror to list any 
qualifying country, NAFTA country, or other foreign end product that it 
intends to furnish under the contract.

Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
[FR Doc. 00-27247 Filed 10-24-00; 8:45 am]
BILLING CODE 5000-04-M