[Federal Register Volume 70, Number 118 (Tuesday, June 21, 2005)]
[Rules and Regulations]
[Pages 35543-35549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12100]


=======================================================================
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DEPARTMENT OF DEFENSE

48 CFR Parts 204, 208, 209, 212, 213, 215, 217, 219, 222, 223, 225, 
227, 233, 235, 236, 237, 242, 247, 252, and 253 and Appendix F to 
Chapter 2

[DFARS Case 2001-D003]


Defense Federal Acquisition Regulation Supplement; Geographic Use 
of the Term ``United States''

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: DoD is amending the Defense Federal Acquisition Regulation 
Supplement (DFARS) to standardize the use of the term ``United States'' 
and associated geographic terms, in accordance with definitions found 
in the Federal Acquisition Regulation.

EFFECTIVE DATE: June 21, 2005.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition 
Regulations Council, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0328; 
facsimile (703) 602-0350. Please cite DFARS Case 2001-D003.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule amends the DFARS to standardize the use of 
geographic terms, for consistency with the definitions of the following 
terms found in section 2.101 of the Federal Acquisition Regulation: 
``United States''; ``contiguous United States''; ``customs territory of 
the United States''; and ``outlying areas''.
    DoD published a proposed rule at 69 FR 65121 on November 10, 2004. 
DoD received no comments on the proposed rule. DoD has adopted the 
proposed rule as a final rule, with the following exceptions:
    [cir] The proposed changes to DFARS 204.670-1 and 253.204-70 are 
not included in the final rule. These changes will be addressed in a 
separate DFARS case relating to the DD Form 350, Individual Contracting 
Action Report.
    [cir] The proposed change to DFARS 236.602-1(a)(i)(6)(A)(2) is not 
included in the final rule. This text was removed

[[Page 35544]]

from the DFARS in the final rule published at 69 FR 75000 on December 
15, 2004.
    [cir] The proposed revision to the clause at DFARS 252.225-7039, 
Restriction on Acquisition of Totally Enclosed Lifeboat Survival 
Systems, is not included in the final rule. This clause was proposed 
for deletion in the proposed rule published at 70 FR 14628 on March 23, 
2005.
    [cir] The final rule includes technical amendments at DFARS 247.571 
to update cross-references.
    [cir] The final rule includes changes to the clause at DFARS 
252.212-7001, Contract Terms and Conditions Required to Implement 
Statutes or Executive Orders Applicable to Defense Acquisitions of 
Commercial Items, to update referenced clause dates.
    [cir] The final rule reflects the revisions to DFARS 252.225-7003 
and 252.225-7004, and the addition of DFARS 252.225-7006, included in 
the final rule published at 70 FR 20838 on April 22, 2005.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD certifies that this final rule will not 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 rule standardizes DFARS terminology, but makes no 
substantive change to policy.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the 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.

List of Subjects in 48 CFR Parts 204, 208, 209, 212, 213, 215, 217, 
219, 222, 223, 225, 227, 233, 235, 236, 237, 242, 247, 252, and 253

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

0
Therefore, 48 CFR Parts 204, 208, 209, 212, 213, 215, 217, 219, 222, 
223, 225, 227, 233, 235, 236, 237, 242, 247, 252, and 253 and Appendix 
F to Chapter 2 are amended as follows:

0
1. The authority citation for 48 CFR Parts 204, 208, 209, 212, 213, 
215, 217, 219, 222, 223, 225, 227, 233, 235, 236, 237, 242, 247, 252, 
and 253 and Appendix F to subchapter I continues to read as follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 204--ADMINISTRATIVE MATTERS

0
2. Section 204.904 is amended by revising paragraph (1)(v) to read as 
follows:


204.904  Reporting payment information to the IRS.

    (1) * * *
    (v) Any contract with a State, the District of Columbia, or an 
outlying area of the United States; or a political subdivision, agency, 
or instrumentality of any of the foregoing;
* * * * *

PART 208--REQUIRED SOURCES OF SUPPLIES AND SERVICES

0
3. Section 208.7002 is amended by revising paragraph (a)(3) and 
paragraph (a)(4) introductory text to read as follows:


208.7002  Assignment authority.

    (a) * * *
    (3) Outside the contiguous United States, by the Unified 
Commanders; and
    (4) For acquisitions to be made in the contiguous United States for 
commodities not assigned under paragraphs (a)(1), (2), or (3) of this 
section, by agreement of agency heads (10 U.S.C. 2311).
* * * * *

PART 209--CONTRACTOR QUALIFICATIONS

0
4. Section 209.406-2 is amended by revising paragraph (a) introductory 
text to read as follows:


209.406-2  Causes for debarment.

    (a) Any person shall be considered for debarment if criminally 
convicted of intentionally affixing a label bearing a ``Made in 
America'' inscription to any product sold in or shipped to the United 
States or its outlying areas that was not made in the United States or 
its outlying areas (10 U.S.C. 2410f).
* * * * *

PART 212--ACQUISITION OF COMMERCIAL ITEMS

0
5. Section 212.602 is amended by revising paragraph (b)(ii) to read as 
follows:


212.602  Streamlined evaluation of offers.

    (b) * * *
    (ii) For the acquisition of transportation in supply contracts that 
will include a significant requirement for transportation of items 
outside the contiguous United States, also evaluate offers in 
accordance with the criterion at 247.301-71.
* * * * *

PART 213--SIMPLIFIED ACQUISITION PROCEDURES

0
6. Section 213.270 is amended by revising paragraph (c)(1) to read as 
follows:


213.270  Use of the Governmentwide commercial purchase card.

* * * * *
    (c) * * *
    (1) The place of performance is entirely outside the United States 
and its outlying areas.
* * * * *

0
7. Section 213.307 is amended in paragraph (b)(i)(B)(2) by revising the 
first sentence to read as follows:


213.307  Forms.

* * * * *
    (b)(i) * * *
    (B) * * *
    (2) Classified acquisitions when the purchase is made within the 
United States or its outlying areas. * * *
* * * * *

PART 215--CONTRACTING BY NEGOTIATION

0
8. Section 215.404-76 is amended by revising paragraph (d) to read as 
follows:


215.404-76  Reporting profit and fee statistics.

* * * * *
    (d) Contracting offices outside the United States and its outlying 
areas are exempt from reporting.
* * * * *

PART 217--SPECIAL CONTRACTING METHODS

0
9. Section 217.7005 is revised to read as follows:


217.7005  Solicitation provision.

    Use the provision at 252.217-7002, Offering Property for Exchange, 
when offering nonexcess personal property for exchange. Allow a minimum 
of 14 calendar days for the inspection period in paragraph (b) of the 
clause if the exchange property is in the contiguous United States. 
Allow at least 21 calendar days outside the contiguous United States.

0
10. Section 217.7102 is amended as follows:
0
a. By revising paragraph (a) introductory text;
0
b. In paragraph (a)(2), in the first sentence, by removing ``Which 
possess'' and adding in its place ``Possess''; and

[[Page 35545]]

0
c. By revising paragraph (b). The revised text reads as follows:


217.7102  General.

    (a) Activities shall enter into master agreements for repair and 
alteration of vessels with all prospective contractors located within 
the United States or its outlying areas, which--
* * * * *
    (b) Activities may use master agreements in work with prospective 
contractors located outside the United States and its outlying areas.
* * * * *

0
11. Section 217.7103-3 is amended by revising paragraph (a) 
introductory text to read as follows:


217.7103-3  Solicitations for job orders.

    (a) When a requirement arises within the United States or its 
outlying areas for the type of work covered by the master agreement, 
solicit offers from prospective contractors that--
* * * * *

PART 219--SMALL BUSINESS PROGRAMS

0
12. Section 219.800 is amended in paragraph (a) by revising the fourth 
sentence to read as follows:


219.800  General.

    (a) * * * Consistent with the provisions of this subpart, this 
authority is hereby redelegated to DoD contracting officers within the 
United States or its outlying areas, to the extent that it is 
consistent with any dollar or other restrictions established in 
individual warrants. * * *
* * * * *

PART 222--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

0
13. Section 222.7201 is amended by revising paragraph (a) to read as 
follows:


222.7201  Contract clauses.

    (a) Use the clause at 252.222-7002, Compliance with Local Labor 
Laws (Overseas), in solicitations and contracts for services or 
construction to be performed outside the United States and its outlying 
areas.
* * * * *

PART 223--ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-
FREE WORKPLACE

0
14. Section 223.570-4 is amended by revising paragraph (b)(2) to read 
as follows:


223.570-4  Contract clause.

* * * * *
    (b) * * *
    (2) When performance or partial performance will be outside the 
United States and its outlying areas, unless the contracting officer 
determines such inclusion to be in the best interest of the Government; 
or
* * * * *

PART 225--FOREIGN ACQUISITION

0
15. Section 225.7014 is revised to read as follows:


225.7014  Restriction on overseas military construction.

    For restriction on award of military construction contracts to be 
performed in the United States outlying areas in the Pacific and on 
Kwajalein Atoll, or in countries bordering the Arabian Gulf, see 
236.274(a).

PART 227--PATENTS, DATA, AND COPYRIGHTS


227.7103-17  [Amended]

0
16. Section 227.7103-17 is amended in paragraph (b) in the second 
sentence, and in paragraph (c), by removing ``possessions'' and adding 
in its place ``outlying areas''.


227.7203-17  [Amended]

0
17. Section 227.7203-17 is amended in paragraph (b) in the second 
sentence, and in paragraph (c), by removing ``possessions'' and adding 
in its place ``outlying areas''.

PART 233--PROTESTS, DISPUTES, AND APPEALS

0
18. Section 233.215-70 is revised to read as follows:


233.215-70  Additional contract clause.

    Use the clause at 252.233-7001, Choice of Law (Overseas), in 
solicitations and contracts when contract performance will be outside 
the United States and its outlying areas, unless otherwise provided for 
in a government-to-government agreement.

PART 235--RESEARCH AND DEVELOPMENT CONTRACTING

0
19. Section 235.071 is amended by revising paragraph (a) to read as 
follows:


235.071  Additional contract clauses.

    (a) Use the clause at 252.235-7002, Animal Welfare, or one 
substantially the same, in solicitations and contracts awarded in the 
United States or its outlying areas involving research on live 
vertebrate animals.
* * * * *

PART 236--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS


236.274  [Amended]

0
20. Section 236.274 is amended in paragraph (a) introductory text by 
removing ``territories and possessions'' and adding in its place 
``outlying areas''.


236.570  [Amended]

0
21. Section 236.570 is amended in paragraph (c)(1) by removing 
``territory or possession'' and adding in its place ``outlying area''.

PART 237--SERVICE CONTRACTING

0
22. Section 237.102-70 is amended by revising paragraph (a)(1) to read 
as follows:


237.102-70  Prohibition on contracting for firefighting or security-
guard functions.

    (a) * * *
    (1) The contract is to be carried out at a location outside the 
United States and its outlying areas at which members of the armed 
forces would have to be used for the performance of firefighting or 
security-guard functions at the expense of unit readiness;
* * * * *

0
23. Section 237.7301 is amended by revising paragraph (a)(1) to read as 
follows:


237.7301  Definitions.

* * * * *
    (a) * * *
    (1) Is located in the United States or its outlying areas;
* * * * *

PART 242--CONTRACT ADMINISTRATION AND AUDIT SERVICES

0
24. Section 242.1402 is amended by revising the section heading to read 
as follows:


242.1402  Volume movements within the contiguous United States.

* * * * *

PART 247--TRANSPORTATION

0
25. Section 247.571 is amended as follows:
0
a. In paragraphs (a)(1), (2), and (3), by removing ``247.572-1(d)'' and 
adding in its place ``247.572-1(c)''; and
0
b. By revising paragraph (c)(1) introductory text to read as follows:


247.571  Policy.

* * * * *
    (c)(1) Any vessel used under a time charter contract for the 
transportation of supplies under this section shall have

[[Page 35546]]

any reflagging or repair work, as defined in the clause at 252.247-
7025, Reflagging or Repair Work, performed in the United States or its 
outlying areas, if the reflagging or repair work is performed--
* * * * *

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
26. Section 252.209-7002 is amended by revising the clause date and 
paragraph (a)(3) to read as follows:


252.209-7002  Disclosure of ownership or control by a foreign 
government.

* * * * *

Disclosure of Ownership or Control by a Foreign Government

(JUN 2005)

    (a) * * *
    (3) Foreign government includes the state and the government of any 
country (other than the United States and its outlying areas) as well 
as any political subdivision, agency, or instrumentality thereof.
* * * * *

0
27. Section 252.212-7000 is amended as follows:
0
a. By revising the clause date to read ``(JUN 2005)'';
0
b. By redesignating paragraph (a)(2) as paragraph (a)(3); and
0
c. By adding a new paragraph (a)(2) to read as follows:


252.212-7000  Offeror representations and certifications--Commercial 
Items.

* * * * *
    (a) * * *
    (2) United States means the 50 States, the District of Columbia, 
outlying areas, and the outer Continental Shelf as defined in 43 U.S.C. 
1331.
* * * * *

0
28. Section 252.212-7001 is amended as follows:
0
a. By revising the clause date to read ``(JUN 2005)''; and
0
b. In paragraph (b) by revising entries ``252.225-7001'' through 
``252.225-7038'' to read as follows:


252.212-7001  Contract Terms and Conditions required to implement 
statutes or executive orders applicable to defense acquisitions of 
commercial items.

* * * * *
    (b) * * *

------                      252.225-7001  Buy American Act and Balance
                                           of Payments Program (JUN
                                           2005) (41 U.S.C. 10a-10d,
                                           E.O. 10582).
------                      252.225-7012  Preference for Certain
                                           Domestic Commodities (JUN
                                           2004) (10 U.S.C. 2533a).
------                      252.225-7014  Preference for Domestic
                                           Specialty Metals (JUN 2005)
                                           (10 U.S.C. 2533a).
------                      252.225-7015  Restriction on Acquisition of
                                           Hand or Measuring Tools (JUN
                                           2005) (10 U.S.C. 2533a).
------                      252.225-7016  Restriction on Acquisition of
                                           Ball and Roller Bearings (JUN
                                           2005) (------ Alternate I)
                                           (APR 2003) (10 U.S.C. 2534
                                           and Section 8099 of Public
                                           Law 104-61 and similar
                                           sections in subsequent DoD
                                           appropriations acts).
------                      252.225-7021  Trade Agreements (JUN 2005)
                                           (19 U.S.C. 2501-2518 and 19
                                           U.S.C. 3301 note).
------                      252.225-7027  Restriction on Contingent Fees
                                           for Foreign Military Sales
                                           (APR 2003) (22 U.S.C. 2779).
------                      252.225-7028  Exclusionary Policies and
                                           Practices of Foreign
                                           Governments (APR 2003) (22
                                           U.S.C. 2755).
------                      252.225-7036  Buy American Act--Free Trade
                                           Agreements--Balance of
                                           Payments Program (JUN 2005)
                                           (------ Alternate I) (JAN
                                           2005) (41 U.S.C. 10a-10d and
                                           19 U.S.C. 3301 note).
------                      252.225-7038  Restriction on Acquisition of
                                           Air Circuit Breakers (JUN
                                           2005) (10 U.S.C. 2534(a)(3)).
 

* * * * *

0
29. Section 252.225-7000 is amended by revising the clause date and 
paragraph (a) to read as follows:


252.225-7000  Buy American Act--Balance of Payments Program 
Certificate.

* * * * *

Buy American Act--Balance of Payments Program Certificate

(JUN 2005)

    (a) Definitions. Domestic end product, foreign end product, 
qualifying country, qualifying country end product, and United States 
have the meanings given in the Buy American Act and Balance of Payments 
Program clause of this solicitation.
* * * * *

0
30. Section 252.225-7001 is amended by revising the clause date and 
adding paragraph (a)(8) to read as follows:


252.225-7001  Buy American Act and Balance of Payments Program.

* * * * *

Buy American Act and Balance of Payments Program (JUN 2005)

    (a) * * *
    (8) United States means the 50 States, the District of Columbia, 
and outlying areas.
* * * * *

0
31. Section 252.225-7003 is amended as follows:
0
a. By revising the clause date to read ``(JUN 2005)'';
0
b. By redesignating paragraphs (a) through (d) as paragraphs (b) 
through (e) respectively; and
0
c. By adding a new paragraph (a) to read as follows:


252.225-7003  Report of intended performance outside the United States 
and Canada--Submission with offer.

* * * * *
    (a) Definition. United States, as used in this provision, means the 
50 States, the District of Columbia, and outlying areas.
* * * * *

0
32. Section 252.225-7004 is amended as follows:
0
a. By revising the clause date to read ``(JUN 2005)'';
0
b. By redesignating paragraphs (a) through (c) as paragraphs (b) 
through (d) respectively; and
0
c. By adding a new paragraph (a) to read as follows:


252.225-7004  Report of intended performance outside the United States 
and Canada--Submission after award.

* * * * *
    (a) Definition. United States, as used in this clause, means the 50 
States, the District of Columbia, and outlying areas.
* * * * *

0
33. Section 252.225-7005 is amended as follows:
0
a. By revising the clause date to read ``(JUN 2005)'';
0
b. By redesignating paragraphs (a) through (c) as paragraphs (b) 
through (d) respectively;
0
c. In newly designated paragraph (c)(3)(iv) by removing ``(b)'' and 
adding ``(c)'' in its place; and
0
d. By adding a new paragraph (a) to read as follows:


252.225-7005  Identification of expenditures in the United States.

* * * * *
    (a) Definition. United States, as used in this clause, means the 50 
States, the District of Columbia, and outlying areas.
* * * * *

0
34. Section 252.225-7006 is amended as follows:
0
a. By revising the clause date to read ``(JUN 2005)'';

[[Page 35547]]

0
b. By redesignating paragraphs (a) through (e) as paragraphs (b) 
through (f) respectively;
0
c. In newly designated paragraph (b), in the introductory text, by 
removing ``paragraph (b)'' and adding in its place ``paragraph (c)'';
0
d. In newly designated paragraph (f)(3), by removing ``(a) through 
(d)'' and adding in its place ``(b) through (e)''; and
0
e. By adding a new paragraph (a) to read as follows:


252.225-7006  Quarterly reporting of actual contract performance 
outside the United States.

* * * * *
    (a) Definition. United States, as used in this clause, means the 50 
States, the District of Columbia, and outlying areas.
* * * * *

0
35. Section 252.225-7011 is revised to read as follows:


252.225-7011  Restriction on acquisition of supercomputers.

    As prescribed in 225.7012-3, use the following clause:

Restriction on Acquisition of Supercomputers (JUN 2005)

    Supercomputers delivered under this contract shall be manufactured 
in the United States or its outlying areas.
     (End of clause)

0
36. Section 252.225-7013 is amended by revising the clause date, 
paragraph (a)(1), paragraph (b) introductory text, paragraph 
(f)(1)(i)(A), and the first sentence of paragraph (h) introductory text 
to read as follows:


252.225-7013  Duty-free entry.

* * * * *

Duty-Free Entry (JUN 2005)

    (a) * * *
    (1) Customs territory of the United States means the 50 States, the 
District of Columbia, and Puerto Rico.
* * * * *
    (b) Except as provided in paragraph (i) of this clause, or unless 
supplies were imported into the customs territory of the United States 
before the date of this contract or the applicable subcontract, the 
price of this contract shall not include any amount for duty on--
* * * * *
    (f) * * *
    (1)(i) * * *
    (A) Prepare any customs forms required for the entry of foreign 
supplies into the customs territory of the United States in connection 
with this contract; and
* * * * *
    (h) The Contractor shall notify the Administrative Contracting 
Officer (ACO) in writing of any purchase of eligible products or 
qualifying country supplies to be accorded duty-free entry, that are to 
be imported into the customs territory of the United States for 
delivery to the Government or for incorporation in end items to be 
delivered to the Government. * * *
* * * * *

0
37. Section 252.225-7014 is amended by revising the clause date and 
paragraph (b) to read as follows:


252.225-7014  Preference for domestic specialty metals.

* * * * *

Preference for Domestic Specialty Metals (JUN 2005)

* * * * *
    (b) Any specialty metals incorporated in articles delivered under 
this contract shall be melted in the United States or its outlying 
areas.
* * * * *

0
38. Section 252.225-7015 is revised to read as follows:


252.225-7015  Restriction on acquisition of hand or measuring tools.

    As prescribed in 225.7002-3(c), use the following clause:

Restriction on Acquisition of Hand or Measuring Tools (JUN 2005)

    Hand or measuring tools delivered under this contract shall be 
produced in the United States or its outlying areas.
     (End of clause)

0
39. Section 252.225-7016 is amended by revising the clause date and 
paragraph (b) to read as follows:


252.225-7016  Restriction on Acquisition of Ball and Roller Bearings.

* * * * *

Restriction on Acquisition of Ball and Roller Bearings (JUN 2005)

* * * * *
    (b) Except as provided in paragraph (c) of this clause, all ball 
and roller bearings and ball and roller bearing components (including 
miniature and instrument ball bearings) delivered under this contract, 
either as end items or components of end items, shall be wholly 
manufactured in the United States, its outlying areas, or Canada. 
Unless otherwise specified, raw materials, such as preformed bar, tube, 
or rod stock and lubricants, need not be mined or produced in the 
United States, its outlying areas, or Canada.
* * * * *

0
40. Section 252.225-7018 is amended by revising the clause date, 
paragraph (b) in the second sentence, and paragraph (c)(1) to read as 
follows:


252.225-7018  Notice of prohibition of certain contracts with foreign 
entities for the conduct of ballistic missile defense research, 
development, test, and evaluation.

* * * * *

Notice of Prohibition of Certain Contracts With Foreign Entities for 
the Conduct of Ballistic Missile Defense Research, Development, Test, 
and Evaluation (JUN 2005)

* * * * *
    (b) * * * However, foreign governments and firms are encouraged to 
submit offers, since this provision is not intended to restrict access 
to unique foreign expertise if the contract will require a level of 
competency unavailable in the United States or its outlying areas.
    (c) * * *
    (1) The contract will be performed within the United States or its 
outlying areas;
* * * * *
0
41. Section 252.225-7019 is amended by revising the clause date and 
paragraph (a) to read as follows:


252.225-7019  Restriction on acquisition of anchor and mooring chain.

* * * * *

Restriction on Acquisition of Anchor and Mooring Chain(JUN 2005)

    (a) Welded shipboard anchor and mooring chain, four inches or less 
in diameter, delivered under this contract--
    (1) Shall be manufactured in the United States or its outlying 
areas, 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 or 
its outlying areas shall exceed 50 percent of the total cost of 
components.
* * * * *

0
42. Section 252.225-7021 is amended by revising the clause date and 
paragraph (a)(11) to read as follows:


252.225-7021  Trade agreements.

* * * * *

Trade Agreements (JUN 2005)

    (a) * * *
    (11) United States means the 50 States, the District of Columbia, 
and outlying areas.
* * * * *

0
43. Section 252.225-7022 is amended by revising the clause date and 
paragraph (b) to read as follows:


252.225-7022  Restriction on acquisition of polyacrylonitrile (PAN) 
carbon fiber.

* * * * *

[[Page 35548]]

Restriction on Acquisition of Polyacrylonitrile (PAN) Carbon Fiber (JUN 
2005)

* * * * *
    (b) PAN carbon fibers contained in the end product shall be 
manufactured in the United States, its outlying areas, or Canada using 
PAN precursor produced in the United States, its outlying areas, or 
Canada.
* * * * *

0
44. Section 252.225-7023 is amended by revising the clause date and 
paragraph (a) to read as follows:


252.225-7023  Restriction on acquisition of vessel propellers.

* * * * *

Restriction on Acquisition of Vessel Propellers (JUN 2005)

    (a) Except as provided in paragraph (b) of this clause, the 
Contractor shall deliver under this contract, whether as end items or 
components of end items, vessel propellers--
    (1) Manufactured in the United States, its outlying areas, or 
Canada; and
    (2) For which all component castings were poured and finished in 
the United States, its outlying areas, or Canada.
* * * * *

0
45. Section 252.225-7025 is amended by revising the clause date and 
paragraph (a)(1) introductory text to read as follows:


252.225-7025  Restriction on acquisition of forgings.

* * * * *

Restriction on Acquisition of Forgings (JUN 2005)

    (a) * * *
    (1) Domestic manufacture means manufactured in the United States, 
its outlying areas, or Canada if the Canadian firm--
* * * * *

0
46. Section 252.225-7031 is amended as follows:
0
a. By revising the clause date to read ``(JUN 2005)'';
0
b. By redesignating paragraph (a)(2) as paragraph (a)(3); and
0
c. By adding a new paragraph (a)(2) to read as follows:


252.225-7031  Secondary Arab boycott of Israel.

* * * * *
    (a) * * *
    (2) United States means the 50 States, the District of Columbia, 
outlying areas, and the outer Continental Shelf as defined in 43 U.S.C. 
1331.
* * * * *

0
47. Section 252.225-7036 is amended by revising the clause date and 
paragraph (a)(9) to read as follows:


252.225-7036  Buy American Act--Free Trade Agreements--Balance of 
Payments Program.

* * * * *

Buy American Act--Free Trade Agreements--Balance of Payments Program 
(JUN 2005)

    (a) * * *
    (9) United States means the 50 States, the District of Columbia, 
and outlying areas.
* * * * *

0
48. Section 252.225-7037 is revised to read as follows:


252.225-7037  Evaluation of Offers for Air Circuit Breakers.

    As prescribed in 225.7006-4(a), use the following provision:

Evaluation of Offers for Air Circuit Breakers (JUN 2005)

    (a) The offeror shall specify, in its offer, any intent to furnish 
air circuit breakers that are not manufactured in the United States or 
its outlying areas, Canada, or the United Kingdom.
    (b) The Contracting Officer will evaluate offers by adding a factor 
of 50 percent to the offered price of air circuit breakers that are not 
manufactured in the United States or its outlying areas, Canada, or the 
United Kingdom.
     (End of provision)

0
49. Section 252.225-7038 is revised to read as follows:


252.225-7038  Restriction on Acquisition of Air Circuit Breakers.

    As prescribed in 225.7006-4(b), use the following clause:

Restriction on Acquisition of Air Circuit Breakers (JUN 2005)

    Unless otherwise specified in its offer, the Contractor shall 
deliver under this contract air circuit breakers manufactured in the 
United States or its outlying areas, Canada, or the United Kingdom.
     (End of clause)

0
50. Section 252.225-7043 is amended as follows:
0
a. By revising the clause date to read ``(JUN 2005)'';
0
b. By redesignating paragraphs (a) through (c) as paragraphs (b) 
through (d) respectively;
0
c. In newly designated paragraph (b), in the introductory text, by 
removing ``paragraph (b)'' and adding in its place ``paragraph (c)''; 
and
0
d. By adding a new paragraph (a) to read as follows:


252.225-7043  Antiterrorism/force protection policy for defense 
contractors outside the United States.

* * * * *
    (a) Definition. United States, as used in this clause, means, the 
50 States, the District of Columbia, and outlying areas.
* * * * *

0
51. Section 252.225-7044 is amended as follows:
0
a. By revising the clause date to read ``(JUN 2005)''; and
0
b. In paragraph (a) by revising the definition of ``United States'' to 
read as follows:


252.225-7044  Balance of Payments Program--Construction Material.

* * * * *
    (a) * * *
    ``United States'' means the 50 States, the District of Columbia, 
and outlying areas.
* * * * *

0
52. Section 252.225-7045 is amended as follows:
0
a. By revising the clause date to read ``(JUN 2005)''; and
0
b. In paragraph (a) by revising the definition of ``United States'' to 
read as follows:


252.225-7045  Balance of Payments Program--Construction Material Under 
Trade Agreements.

* * * * *
    (a) * * *
    United States means the 50 States, the District of Columbia, and 
outlying areas.
* * * * *

0
53. Section 252.247-7025 is amended by revising the clause date and 
paragraph (b) introductory text to read as follows:


252.247-7025  Reflagging or Repair Work.

Reflagging or Repair Work (JUN 2005)

* * * * *
    (b) Requirement. Unless the Secretary of Defense waives this 
requirement, reflagging or repair work shall be performed in the United 
States or its outlying areas, if the reflagging or repair work is 
performed--
* * * * *

PART 253--FORMS

0
54. Section 253.213-70 is amended by revising paragraph (a)(2) to read 
as follows:


253.213-70  Instructions for completion of DD Form 1155.

    (a) * * *
    (2) The contractor is located in the contiguous United States or 
Canada.
* * * * *

Appendix F to Chapter 2--Material Inspection and Receiving Report F-104 
[Amended]



[[Page 35549]]


0
55. Appendix F to Chapter 2 is amended in Part 1, Section F-104, as 
follows:
0
a. In paragraph (a)(5)(i) introductory text by removing ``Continental 
United States'' and adding in its place ``Contiguous United States''; 
and
0
b. In paragraph (a)(5)(ii), in the first sentence, by removing 
``continental U.S.'' and adding in its place ``contiguous United 
States''.
[FR Doc. 05-12100 Filed 6-20-05; 8:45 am]
BILLING CODE 5001-08-P