[Federal Register Volume 68, Number 228 (Wednesday, November 26, 2003)]
[Notices]
[Pages 66403-66404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29495]


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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 March 31, 2004. DoD proposes that OMB extend its 
approval for use through March 31, 2007.

DATES: DoD will consider all comments received by January 26, 2004.

ADDRESSES: Respondents may submit comments directly on the Internet at 
http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. As an alternative, 
respondents may e-mail comments to: [email protected]. Please cite OMB 
Control Number 0704-0229 in the subject line of e-mailed comments.
    Respondents that cannot submit comments using either of the above 
methods may submit comments to: Defense Acquisition Regulations 
Council, Attn: Ms. Amy Williams, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 
Defense Pentagon, Washington, DC 20301-3062; facsimile (703) 602-0350. 
Please cite OMB Control Number 0704-0229.
    At the end of the comment period, interested parties may view 
public comments on the Internet at http://emissary.acq.osd.mil/dar/dfars.nsf.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, (703) 602-0328. 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)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 
20301-3062.

SUPPLEMENTARY INFORMATION: 
    Title, Associated 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: 352,380 (52,285 reporting hours; 300,095 
recordkeeping hours).
    Number of Respondents: 22,415.
    Responses Per Respondent: Approximately 7.
    Number of Responses: 165,134.
    Average Burden Per Response: .32 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 
identify, in its proposal, supplies that are not domestic end products, 
separately listing qualifying country and other foreign end products.
    DFARS 252.225-7003, Report of Intended Performance Outside the 
United States, and 252.225-7004, Reporting of Contract Performance 
Outside the United States, as prescribed in 225.7203, require offerors 
and contractors to report information on subcontracts to be performed 
outside the United States. The reporting thresholds are $500,000 for 
contracts exceeding $10 million and the simplified acquisition 
threshold ($100,000) for contracts exceeding $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 252.225-7005, Identification of Expenditures in the United 
States, as prescribed in 225.1103(1), requires contractors incorporated 
or located in the United States to identify, on each request for 
payment under contracts for supplies to be used, or for construction or 
services to be performed, outside the United States, that part of the 
requested payment representing estimated expenditures in the United 
States.
    DFARS 252.225-7013, Duty-Free Entry, as prescribed in 225.1101(4), 
replaces three clauses formerly at DFARS 252.225-7009, Duty-Free 
Entry--Qualifying Country Supplies (End Products and Components), DFARS 
252.225-7010, Duty-Free Entry--Additional Provisions, and

[[Page 66404]]

DFARS 252.225-7037, Duty-Free Entry--Eligible End Products. This new 
clause requires the contractor to provide information on 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 225.7009-4(a), requires the contractor to 
retain records showing compliance with the requirement that ball and 
roller bearings delivered under the contract be wholly manufactured in 
the United States or Canada. The contractor must retain the records for 
3 years after final payment and must make the records available upon 
request of the contracting officer. The contractor may request a waiver 
of this requirement in accordance with DFARS 225.7009-3, which 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 Research, 
Development, Test, and Evaluation, as prescribed in 225.7017-4, 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(5), 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. This provision is used in all solicitations 
for products subject to the Trade Agreements Act.
    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 contain forging items that are 
of domestic manufacture only. The contractor must retain the records 
for 3 years after final payment and must make the records available 
upon request of the contracting officer. The contractor may request a 
waiver of this requirement in accordance with DFARS 225.7102-3.
    DFARS 252.225-7032, Waiver of United Kingdom Levies--Evaluation of 
Offers, and 252.225-7033, Waiver of United Kingdom Levies, as 
prescribed in 225.1101(7) and (8), require an offeror to provide 
information to the contracting officer regarding any United Kingdom 
levies included in the offered price, and require 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(9), 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. 03-29495 Filed 11-25-03; 8:45 am]
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