[Federal Register Volume 78, Number 189 (Monday, September 30, 2013)]
[Rules and Regulations]
[Pages 59854-59859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23743]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 206, 212, 225, and 252

RIN 0750-AH98


Defense Federal Acquisition Regulation Supplement: Acquisitions 
in Support of Operations in Afghanistan (DFARS Case 2013-D009)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Interim rule.

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[[Page 59855]]

SUMMARY: DoD is issuing an interim rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to implement two sections of 
the National Defense Authorization Act for Fiscal Year 2013 that 
require compliance with domestic source restrictions in the case of any 
textile components supplied by DoD to the Afghan National Army or the 
Afghan National Police for purposes of production of uniforms, and 
eliminate the application of the enhanced authority to acquire products 
and services from Iraq.

DATES: Effective Date: September 30, 2013.
    Comment Date: Comments on the interim rule should be submitted in 
writing to the address shown below on or before November 29, 2013, to 
be considered in the formation of a final rule.

ADDRESSES: Submit comments identified by DFARS Case 2013-D009, using 
any of the following methods:
    [cir] Regulations.gov: http://www.regulations.gov. Submit comments 
via the Federal eRulemaking portal by entering ``DFARS Case 2013-D009'' 
under the heading ``Enter keyword or ID'' and selecting ``Search.'' 
Select the link ``Submit a Comment'' that corresponds with ``DFARS Case 
2013-D009.'' Follow the instructions provided at the ``Submit a 
Comment'' screen. Please include your name, company name (if any), and 
``DFARS Case 2013-D009'' on your attached document.
    [cir] Email: [email protected]. Include DFARS Case 2013-D009 in the 
subject line of the message.
    [cir] Fax: 703-602-0350.
    [cir] Mail: Defense Acquisition Regulations System, Attn: Ms. Amy 
G. Williams, OUSD (AT&L) DPAP/DARS, Room 3B855, 3060 Defense Pentagon, 
Washington, DC 20301-3060.
    Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To 
confirm receipt of your comment(s), please check www.regulations.gov, 
approximately two to three days after submission to verify posting 
(except allow 30 days for posting of comments submitted by mail).

FOR FURTHER INFORMATION CONTACT: Ms. Amy G. Williams, Defense 
Acquisition Regulations System, OUSD (AT&L) DPAP/DARS, Room 3B855, 3060 
Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-6106; 
facsimile 571-372-6089.

SUPPLEMENTARY INFORMATION:

I. Background

    This interim rule revises the DFARS to implement sections 826 and 
842 of the National Defense Authorization Act (NDAA) for Fiscal Year 
(FY) 2013 (Pub. L. 112-239).
    Section 826 requires compliance with 10 U.S.C. 2533a (the Berry 
Amendment) in the case of any textile components supplied by DoD to the 
Afghan National Army or the Afghan National Police for purposes of 
production of uniforms. The law further states that no exception or 
exemptions under that section shall apply.
    Section 842 modifies section 886 of the NDAA for FY 2008 (Pub. L. 
110-181), which provided enhanced authority to acquire products and 
services from Iraq and Afghanistan in support of operations in Iraq or 
Afghanistan. Section 842 eliminates application of the enhanced 
authority to acquisition of products and services from Iraq.

II. Discussion and Analysis

A. Revisions to DFARS Subpart 225.77 and Associated Provisions and 
Clauses

    This interim rule amends the scope of subpart 225.77 to reflect 
implementation of sections 826 and 842 of the National Defense 
Authorization Act for FY 2013 (Pub. L. 112-239).
1. Section 842
    This interim rule amends the title of subpart 225.77 to apply only 
to operations in Afghanistan, and deletes application of the policies 
and procedures of that subpart to products and services from Iraq.
    At 225.7702 (now redesignated 225.7702-1), DoD has deleted the 
references to the Army of Iraq, the Iraqi Police Forces, and other 
Iraqi security organizations. Although there was no change to section 
892 of the NDAA for FY 2008, Competition for Procurement of Small Arms 
Supplied to Iraq and Afghanistan, there is no longer a need for this 
coverage relating to Iraq in the DFARS. DoD does not buy small arms for 
any of these Iraqi organizations and the enhanced authority to buy 
items in support of operations in Iraq no longer exists.
    This interim rule deletes the reporting requirements at section 
225.7703-4 (and redesignates 225.7703-5 as 225.7703-4). The statutory 
requirement to report on acquisitions using the methods in this section 
expired at the end of FY 2009.
    With regard to associated provisions and clauses, DoD has deleted 
Alternate I of DFARS 252.225-7021, Trade Agreements; and DFARS 252.225-
7022, Trade Agreements Certificate--Inclusion of Iraqi End Products, 
because this clause and provision were only necessary to allow the 
acquisition of Iraqi end products when trade agreements applied to the 
acquisition.
    DFARS 252.225-7023, Preference for Products or Services from Iraq 
or Afghanistan; DFARS 252.225-7024, Requirement for Products or 
Services from Iraq or Afghanistan; and DFARS 252.225-7026, Acquisition 
Restricted to Products or Services from Iraq or Afghanistan, have been 
modified to delete enhanced authority relating to acquisitions of 
products or services from of Iraq.
2. Section 826
    This interim rule adds a new section at 225.7702-2 to state the 
requirement that any textile components supplied by DoD to the Afghan 
National Army or the Afghan National Police for purpose of production 
of uniforms shall be produced in the United States.
    DFARS 225.7703-4(d) prescribes the use of a new clause at DFARS 
252.225-7029, Acquisition of Uniform Components for Afghan Military or 
Afghan National Police, in solicitations and contracts for the 
acquisition of any textile components that DoD intends to supply to the 
Afghan National Army or the Afghan National Police for purposes of 
production of uniforms.
    The new clause at DFARS 252.225-7029 defines ``textile component'' 
to mean any item consisting of fibers, yarns, or fabric, supplied for 
incorporation into a uniform or a component of a uniform. It does not 
include items that do not contain fibers, yarns, or fabric, such as the 
metallic or plastic elements of buttons, zippers, or other clothing 
fasteners. There is a cross-reference to this definition added at DFARS 
225.7701.
    The clause also states that there are no exceptions or waivers to 
the requirement that the contractor shall deliver under this contract 
only textile components that have been produced in the United States.

B. Other Conforming Changes

    In addition to the changes in DFARS subpart 225.77 and the 
associated provisions and clauses, conforming changes were also 
required at DFARS 206.303-70, 212.301, 225.401, 225.502, 225.1101, 
225.7501, and the clause prefaces of 252.225-7032, 252.225-7033, 
252.225-7035, and 252.225-7036.

[[Page 59856]]

III. Applicability to Acquisition of Commercial Items and Acquisitions 
Not Greater Than the Simplified Acquisition Threshold

    Section 826 states that 10 U.S.C. 2533a shall apply, and no 
exceptions or exemptions under that section shall apply. 10 U.S.C. 
2533a (the Berry Amendment) specifically states in paragraph (i) that 
the statute is applicable to contracts and subcontracts for the 
procurement of commercial items, notwithstanding section 1906 of title 
41. It does not specifically mention 41 U.S.C. 1907, which addresses 
applicability to commercially available off-the-shelf (COTS) items. 
However, most of the items restricted by the Berry Amendment are COTS 
items, and the application of the Berry Amendment in the DFARS has not 
included any exception for COTS items. Although paragraph (h) of the 
Berry Amendment provides an exception for purchases in amounts not 
greater than the simplified acquisition threshold, section 826 requires 
application to acquisitions not greater than the simplified acquisition 
threshold, because it states that none of the Berry Amendment 
exceptions apply.

IV. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

V. Regulatory Flexibility Act

    DoD does not expect this rule 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. However, an initial 
regulatory flexibility analysis has been performed and is summarized as 
follows:
    This initial regulatory flexibility analysis has been prepared 
consistent with 5 U.S.C. 603. This rule implements sections 826 and 842 
of the National Defense Authorization Act for FY 2013 (Pub. L. 112-
239).
    The objective of the rule is to (1) require compliance with 
domestic source restrictions in the case of any textile components 
supplied by DoD to the Afghan National Army or the Afghan National 
Police for purposes of production of uniforms, and (2) eliminate the 
application of the enhanced authority to acquire products and services 
from Iraq. The legal basis is the above-cited statutes.
    The number of small entities to be affected by the rule is not 
known. The rule has the potential to impact entities that manufacture 
textile components, if purchased by DoD to supply to the Afghan 
National Army or the Afghan National Police for purposes of production 
of uniforms. Any impact is expected to be beneficial, because it will 
require purchase from a domestic source.
    There are no projected reporting, recordkeeping, or other 
compliance requirements. The rule does not duplicate, overlap, or 
conflict with any other Federal rules.
    DoD was unable to identify any significant alternatives consistent 
with the stated objectives of the statute. DoD does not anticipate any 
significant economic impact on small entities. Any impact is expected 
to be beneficial.
    DoD invites comments from small business concerns and other 
interested parties on the expected impact of this rule on small 
entities.
    DoD will also consider comments from small entities concerning the 
existing regulations in subparts affected by this rule in accordance 
with 5 U.S.C. 610. Interested parties must submit such comments 
separately and should cite 5 U.S.C. 610 (DFARS Case 2013-D009), in 
correspondence.

V. Paperwork Reduction Act

    The rule contains information collection requirements that require 
the approval of the Office of Management and Budget under the Paperwork 
Reduction Act (44 U.S.C. chapter 35); however, these changes to the 
DFARS do not impose additional information collection requirements to 
the paperwork burden previously approved under OMB Control Number 0704-
0229, entitled Defense Federal Acquisition Regulation Supplement; Part 
225 and Related Clauses (Total approved burden hours--57,135).

VI. 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 promulgate this 
interim rule without prior opportunity for public comment. This action 
is necessary because sections 826 and 842 of the NDAA for FY 2013 were 
effective upon enactment (January 2, 2013). If implementation is 
delayed--
     Contracting officers may be unaware that the existing 
exceptions to the Berry Amendment no longer apply in the case of DoD 
purchase of textile components to be supplied to the Afghan National 
Army or the Afghan National Police for purpose of production of 
uniforms. This may result in purchases of foreign textile components in 
violation of the law.
     Contracting officers may erroneously provide a preference 
for the products or services of Iraq, without statutory authority. This 
will detract from the efforts to appropriately use the enhanced 
authority to acquire products and services from Afghanistan and the 
Central Asian states in support of operations in Afghanistan.
    The Commander, United States Central Command (USCENTCOM), has 
advised that procuring products or services from the Central Asian 
states to meet Operation ENDURING FREEDOM requirements is critical to 
U.S. efforts to gain access and permissions for supporting current and 
future operations in, to, and from Afghanistan. USCENTCOM also advises 
that procurements in the Central Asian states support the USCENTCOM 
Theater Campaign Plan and International Security Assistance Force Civil 
Military Campaign Plan, as well as long-term economic development and 
stability in the region.
    However, pursuant to 41 U.S.C. 1707 and FAR 1.501-3(b), DoD will 
consider public comments received in response to this interim rule in 
the formation of the final rule.

List of Subjects in 48 CFR Parts 206, 212, 225, and 252

    Government procurement.

Manuel Quinones,
Editor, Defense Acquisition Regulations System.
    Therefore, 48 CFR parts 206, 212, 225, and 252 are amended as 
follows:

0
1. The authority citation for 48 CFR parts 206, 212, 225, and 252 
continues to read as follows:

    Authority:  41 U.S.C. 1303 and 48 CFR Chapter 1.

PART 206--COMPETITION REQUIREMENTS

0
2. Section 206.303-70 is amended by revising the section heading the 
section heading to read as follows:

[[Page 59857]]

206.303-70  Acquisitions in support of operations in Afghanistan.

* * * * *

PART 212--ACQUISITION OF COMMERCIAL ITEMS

0
3. Section 212.301 is amended by--
0
a. Revising paragraph (f)(xxvi);
0
b. Removing paragraph (f)(xxvii) and redesignating paragraphs 
(f)(xxviii) through (xxxii) as paragraphs (xxvii) through (xxxi);
0
c. Revising newly redesignated paragraphs (f)(xxvii) through (xxix);
0
d. Adding a new paragraph (f)(xxxii); and
0
e. Revising paragraphs (f)(xxxiv) and (xxxv).
    The revisions and addition are as follows:


212.301  Solicitation provisions and contract clauses for the 
acquisition of commercial items.

    (f) * * *
    (xxvi) Use the clause at 252.225-7021, Trade Agreements to comply 
with 19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note.
    (A) Use the basic clause as prescribed in 225.1101(6)(i).
    (B) Use the clause with its Alternate II as prescribed in 
225.1101(6)(ii).
    (xxvii) Use the provision at 252.225-7023, Preference for Products 
or Services from Afghanistan, as prescribed in 225.7703-4(a), to comply 
with section 886 of the National Defense Authorization Act for Fiscal 
Year 2008 (Pub. L. 110-181).
    (xxviii) Use the clause at 252.225-7024, Requirement for Products 
or Services from Afghanistan, as prescribed in 225.7703-4(b), to comply 
with section 886 of the National Defense Authorization Act for Fiscal 
Year 2008 (Pub. L. 110-181).
    (xxix) Use the clause at 252.225-7026, Acquisition Restricted to 
Products or Services from Afghanistan, as prescribed in 225.7703-4(c), 
to comply with section 886 of the National Defense Authorization Act 
for Fiscal Year 2008 (Pub. L. 110-181).
* * * * *
    (xxxii) Use the clause at 252.225-7029, Acquisition of Uniform 
Components for Afghan Military or Afghan National Police, as prescribed 
in 225.7703-4(d).
* * * * *
    (xxxiv) Use the provision at 252.225-7035, Buy American--Free Trade 
Agreements--Balance of Payments Program Certificate, to comply with 41 
U.S.C. chapter 83 and 19 U.S.C. 3301 note. Alternates II, III, and V 
also implement section 886 of the National Defense Authorization Act 
for Fiscal Year 2008 (Pub. L. 110-181).
    (A) Use the basic provision as prescribed in 225.1101(9)(i).
    (B) Use the provision with its Alternate I as prescribed in 
225.1101(9)(ii).
    (C) Use the provision with its Alternate II as prescribed in 
225.1101(9)(iii).
    (D) Use the provision with its Alternate III as prescribed in 
225.1101(9)(iv).
    (E) Use the provision with its Alternate IV as prescribed in 
225.1101(9)(v).
    (F) Use the provision with its Alternate V as prescribed in 
225.1101(9)(vi).
    (xxxv) Use the clause at 252.225-7036, Buy American--Free Trade 
Agreements--Balance of Payments Program to comply with 41 U.S.C. 
chapter 83 and 19 U.S.C. 3301 note. Alternates II, III, and V also 
implement section 886 of the National Defense Authorization Act for 
Fiscal Year 2008 (Pub. L. 110-181).
    (A) Use the basic clause as prescribed in 225.1101(10)(i)(A).
    (B) Use the clause with its Alternate I as prescribed in 
225.1101(10)(i)(B).
    (C) Use the clause with its Alternate II as prescribed in 
225.1101(10)(i)(A).
    (D) Use the clause with its Alternate III as prescribed in 
225.1101(10)(i)(B).
    (E) Use the clause with its Alternate IV as prescribed in 
225.1101(10)(i)(C).
    (F) Use the clause with its Alternate V as prescribed in 
225.1101(10)(i)(C).
* * * * *

PART 225--FOREIGN ACQUISITION

0
4. Section 225.401-71 is revised as follows:


225.401-71  Products or services in support of operations in 
Afghanistan.

    When acquiring products or services, other than small arms, in 
support of operations in Afghanistan, if using a procedure specified in 
225.7703-1(a)(2) or (3), the procedures of subpart 25.4 are not 
applicable.

225.502  [Amended]

0
5. Section 225.502(c)(iv) is amended by removing the words ``Iraq or''.


225.1101  [Amended]


0
6. Section 225.1101 is amended by--
0
a. Removing in paragraph (5)(i) the phrase ``Except as provided in 
paragraph (7) of this section, use'' and adding in its place ``Use'';
0
b. Removing paragraph (6)(ii) and redesignating paragraphs (6) (iii) 
through (v) as paragraphs (6)(ii) through (iv);
0
c. In redesignated paragraph (6)(ii), removing the phrase ``and 
Alternate I is not applicable'';
0
d. In redesignated paragraph (6)(iii)(B), removing the words ``Iraq 
or'';
0
e. Removing paragraph (7) and redesignating paragraphs (8) through (11) 
as paragraphs (7) through (10).
0
f. In redesignated paragraph (10)(i), removing the phrase ``paragraph 
(11)(ii)'' and adding in its place ``paragraph (10)(ii)''.


225.7501  [Amended]


0
6. Section 225.7501(a)(5) is amended by removing the words ``Iraq or''.

Subpart 225.77 Acquisitions in Support of Operations in Afghanistan


0
7. Subpart 225.77 heading is revised to read as set forth above.


0
8. Section 225.7700 is revised to read as follows:


225.7700  Scope.

    This subpart implements--
    (a) Section 892 of the National Defense Authorization Act for 
Fiscal Year 2008 (Pub. L. 110-181);
    (b) Section 886 of the National Defense Authorization Act for 
Fiscal Year 2008 (Pub. L. 110-181), as amended by section 842 of the 
National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-
239);
    (c) Section 826 of the National Defense Authorization Act for 
Fiscal Year 2013 (Pub. L. 112-239); and
    (d) The determinations by the Deputy Secretary of Defense regarding 
participation of the countries of the South Caucasus or Central and 
South Asia in acquisitions in support of operations in Afghanistan.


0
9. Section 225.7701 is revised to read as follows:


225.7701  Definitions.

    As used in this subpart--
    Product from Afghanistan means a product that is mined, produced, 
or manufactured in Afghanistan.
    Service from Afghanistan means a service including construction 
that is performed in Afghanistan predominantly by citizens or permanent 
resident aliens of Afghanistan.
    Small arms means pistols and other weapons less than 0.50 caliber.
    Source from Afghanistan means a source that--
    (1) Is located in Afghanistan; and
    (2) Offers products or services from Afghanistan.
    Textile component is defined in the clause at 252.225-7029, 
Acquisition of Uniform Components for Afghan Military or Afghan 
National Police.


[[Page 59858]]




225.7702  [Redesignated as 225.7702-1]

0
10a. Redesignate section 225.7702 as 225.7702-1.
0
10b. Add a new section 225.7702 heading to read as follows:


225.7702  Acquisitions not subject to the enhanced authority to acquire 
products or services from Afghanistan.


225.7702-1  [Amended]

0
10c. In redesignated section 225.7702-1(a), remove the phrases ``the 
Army of Iraq,'', ``the Iraqi Police Forces,'' and ``Iraqi or''.
0
10d. Add a new section 225.7702-2 to read as follows:


225.7702-2  Acquisition of uniform components for the Afghan military 
or the Afghan police.

    Any textile components supplied by DoD to the Afghan National Army 
or the Afghan National Police for purpose of production of uniforms 
shall be produced in the United States.


0
11. Section 225.7703 heading is revised to read as follows:


225.7703  Enhanced authority to acquire products or services from 
Afghanistan.


225.7703-1  [Amended]


0
12. Section 225.7703-1 is amended--
0
a. In paragraph (a) introductory text by adding the phrase ``except as 
provided in 225.7702,'' after ``225.7703-2,'', removing the phrases ``, 
other than small arms,'' and ``Iraq or'', and removing the comma after 
``Afghanistan'';
0
b. In paragraph (a)(1) by removing the words ``Iraq or'';
0
c. In paragraph (a)(2) by removing the words ``Iraq or''; and
0
d. In paragraph (a)(3) by removing the words ``Iraq or''.


225.7703-2  [Amended]


0
13. Section 225.7703-2 is amended--
0
a. In paragraph (a) introductory text by removing the words ``Iraq 
or'';
0
b. In paragraph (a)(1) by removing the words ``Iraq or'';
0
c. In paragraph (b) introductory text by removing the words ``Iraq 
or'';
0
d. In paragraph (b)(1)(i) by removing the words ``Iraq or'';
0
e. In paragraph (b)(1)(ii)(A) by removing the words ``Iraq or''; and
0
f. By revising paragraph (b)(2)(ii)(E) to read as follows:


25.7703-2  Determination requirements.

* * * * *
    (b) * * *
    (2) * * *
    (ii) * * *
    (E) Commander of the United States Central Command Joint Theater 
Support Contracting Command (C-JTSCC).
* * * * *


0
14. Section 225.7703-3 is revised as follows:


225.7703-3  Evaluating offers.

    Evaluate offers submitted in response to solicitations that include 
the provision at 252.225-7023, Preference for Products or Services from 
Afghanistan, as follows:
    (a) If the low offer is an offer of a product or service from 
Afghanistan, award on that offer.
    (b) If there are no offers of a product or service from 
Afghanistan, award on the low offer.
    (c) Otherwise, apply the evaluation factor specified in the 
solicitation to the low offer.
    (1) If the price of the low offer of a product or service from 
Afghanistan is less than the evaluated price of the low offer, award on 
the low offer of a product or service from Afghanistan.
    (2) If the evaluated price of the low offer remains less than the 
low offer of a product or service from Afghanistan, award on the low 
offer.
    (d) For acquisitions in support of USCENTCOM, see PGI 225.7703-3.

225.7703-4  [Removed]

0
15a. Section 225.7703-4 is removed.
0
15b. Section 225.7703-5 is redesignated as 225.7703-4 and revised as 
follows:


225.7703-4  Solicitation provisions and contract clauses.

    (a) Use the provision at 252.225-7023, Preference for Products or 
Services from Afghanistan, in solicitations, including solicitations 
using FAR part 12 procedures for the acquisition of commercial items, 
that provide a preference for products or services from Afghanistan in 
accordance with 225.7703-1(a)(1). The contracting officer may modify 
the 50 percent evaluation factor in accordance with contracting office 
procedures.
    (b) Use the clause at 252.225-7024, Requirement for Products or 
Services from Afghanistan, in solicitations, including solicitations 
using FAR part 12 procedures for the acquisition of commercial items, 
that include the provision at 252.225-7023, Preference for Products or 
Services from Afghanistan, and in the resulting contract.
    (c) Use the clause at 252.225-7026, Acquisition Restricted to 
Products or Services from Afghanistan, in solicitations and contracts, 
including solicitations and contracts using FAR part 12 procedures for 
the acquisition of commercial items, that--
    (1) Are restricted to the acquisition of products or services from 
Afghanistan in accordance with 225.7703-1(a)(2); or
    (2) Will be directed to a particular source or sources from 
Afghanistan in accordance with 225.7703-1(a)(3).
    (d) Use the clause at 252.225-7029, Acquisition of Uniform 
Components for Afghan Military or Afghan National Police, in 
solicitations and contracts, including solicitations and contracts 
using FAR part 12 procedures for the acquisition of commercial items, 
for the acquisition of any textile components that DoD intends to 
supply to the Afghan National Army or the Afghan National Police for 
purposes of production of uniforms.
    (e) When the Trade Agreements Act applies to the acquisition, use 
the appropriate clause and provision as prescribed at 225.1101 (5) and 
(6).
    (f) Do not use any of the following provisions or clauses in 
solicitations or contracts that include the provision at 252.225-7023, 
the clause at 252.225-7024, or the clause at 252.225-7026:
    (1) 252.225-7000, Buy American Act--Balance of Payments Program 
Certificate.
    (2) 252.225-7001, Buy American Act and Balance of Payments Program.
    (3) 252.225-7002, Qualifying Country Sources as Subcontractors.
    (4) 252.225-7035, Buy American Act--Free Trade Agreements--Balance 
of Payments Program Certificate.
    (5) 252.225-7036, Buy American Act--Free Trade Agreements--Balance 
of Payments Program.
    (6) 252.225-7044, Balance of Payments Program--Construction 
Material.
    (7) 252.225-7045, Balance of Payments Program--Construction 
Material Under Trade Agreements.
    (g) Do not use the following clause or provision in solicitations 
or contracts that include the clause at 252.225-7026:
    (1) 252.225-7020, Trade Agreements Certificate.
    (2) 252.225-7021, Trade Agreements.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.225-7021  [Amended]

0
16. Section 252.225-7021 is amended--
0
a. By removing and reserving Alternate I; and
0
b. In Alternate II, by removing in the introductory text 
``225.1101(6)(iii)'' and adding in its place ``225.1101(6)(ii)''.

[[Page 59859]]

252.225-7022  [Removed and Reserved]


0
17. Section 252.225-7022 is removed and reserved.


0
18. Section 252.225-7023 is revised to read as follows:


252.225-7023  Preference for Products or Services from Afghanistan.

    As prescribed in 225.7703-4(a), use the following provision:

Preference for Products or Services From Afghanistan (SEP 2013)

    (a) Definitions. ``Product from Afghanistan'' and ``service from 
Afghanistan,'' as used in this provision, are defined in the clause 
of this solicitation entitled ``Requirement for Products or Services 
from Afghanistan'' (DFARS 252.225-7024).
    (b) Representation. The offeror represents that all products or 
services to be delivered under a contract resulting from this 
solicitation are products from Afghanistan or services from 
Afghanistan, except those listed in--
    (1) Paragraph (c) of this provision; or
    (2) Paragraph (c)(2) of the provision entitled ``Trade 
Agreements Certificate,'' if included in this solicitation.
    (c) Other products or services. The following offered products 
or services are not products from Afghanistan or services from 
Afghanistan:

(Line Item Number) (Country of Origin)

    (d) Evaluation. For the purpose of evaluating competitive 
offers, the Contracting Officer will increase by 50 percent the 
prices of offers of products or services that are not products or 
services from Afghanistan.
(End of provision)


0
19. Section 252.225-7024 is revised to read as follows:


252.225-7024  Requirement for Products or Services from Afghanistan.

    As prescribed in 225.7703-4(b), use the following clause:

Requirement for Products or Services From Afghanistan (SEP 2013)

    (a) Definitions. As used in this clause--
    (1) ``Product from Afghanistan'' means a product that is mined, 
produced, or manufactured in Afghanistan.
    (2) ``Service from Afghanistan'' means a service including 
construction that is performed in Afghanistan predominantly by 
citizens or permanent resident aliens of Afghanistan.
    (b) The Contractor shall provide only products from Afghanistan 
or services from Afghanistan under this contract, unless, in its 
offer, it specified that it would provide products or services other 
than products from Afghanistan or services from Afghanistan.
(End of clause)


0
20. Section 252.225-7026 is revised to read as follows:


252.225-7026  Acquisition Restricted to Products or Services from 
Afghanistan.

    As prescribed in 225.7703-4(c), use the following clause:

Acquisition Restricted to Products or Services From Afghanistan (SEP 
2013)

    (a) Definitions. As used in this clause--
    (1) ``Product from Afghanistan'' means a product that is mined, 
produced, or manufactured in Afghanistan.
    (2) ``Service from Afghanistan'' means a service including 
construction that is performed in Afghanistan predominantly by 
citizens or permanent resident aliens of Afghanistan.
    (b) The Contractor shall provide only products from Afghanistan 
or services from Afghanistan under this contract.
(End of clause)


0
21. Section 252.225-7029 is added to read as follows:


252.225-7029  Acquisition of Uniform Components for Afghan Military or 
Afghan National Police.

    As prescribed in 225.7703-4(d), use the following clause:

Acquisition of Uniform Components for the Afghan Military or the Afghan 
National Police (SEP 2013)

    (a) Definitions. As used in this clause--
    ``Textile component'' means any item consisting of fibers, 
yarns, or fabric, supplied for incorporation into a uniform or a 
component of a uniform. It does not include items that do not 
contain fibers, yarns, or fabric, such as the metallic or plastic 
elements of buttons, zippers, or other clothing fasteners.
    ``United States'' means the 50 States, the District of Columbia, 
and outlying areas.
    (b) As required by section 826 of the National Defense 
Authorization Act for Fiscal Year 2013 (Pub. L. 112-239), the 
Contractor shall deliver under this contract only textile components 
that have been produced in the United States.
    (c) There are no exceptions or waivers to this requirement.

(End of clause)


252.225-7032  [Amended]

0
22. In section 252.225-7032, the introductory text is amended by 
removing ``225.1101(8)'' and adding in its place ``225.1101(7)''.


252.225-7033  [Amended]

0
23. In section 252.225-7033, the introductory text is amended by 
removing ``225.1101(9)'' and adding in its place ``225.1101(8)''.


252.225-7035  [Amended]

0
24. Section 252.225-7035 is amended by--
0
a. Removing ``225.1101(10)(i)'' in the introductory text and adding in 
its place ``225.1101(9)(i)'';
0
b. In Alternate I, removing ``225.1101(10)(ii)'' in the introductory 
text and adding in its place ``225.1101(9)(ii)'';
0
c. In Alternate II, removing ``225.1101(10)(iii)'' in the introductory 
text and adding in its place ``225.1101(9)(iii)'';
0
d. In Alternate III, removing ``225.1101(10)(iv)'' in the introductory 
text and adding in its place ``225.1101(9)(iv)'';
0
e. In Alternate IV, removing ``225.1101(10)(v)'' in the introductory 
text and adding in its place ``225.1101(9)(v)''; and
0
f. In Alternate V, removing ``225.1101(10)(vi)'' in the introductory 
text and adding in its place ``225.1101(9)(vi)''.


252.225-7036  [Amended]

0
25. Section 252.225-7036 is amended by--
0
a. Removing ``225.1101(11)(i)(A)'' in the introductory text and adding 
in its place ``225.1101(10)(i)(A)'';
0
b. In Alternate I, removing ``225.1101(11)(i)(B)'' in the introductory 
text and adding in its place ``225.1101(10)(i)(B)'';
0
c. In Alternate II, removing ``225.1101(11)(i)(A)'' in the introductory 
text and adding in its place ``225.1101(10)(i)(A)'';
0
d. In Alternate III, removing ``225.1101(11)(i)(B)'' in the 
introductory text and adding in its place ``225.1101(10)(i)(B)'';
0
e. In Alternate IV, removing ``225.1101(11)(i)(C)'' in the introductory 
text and adding in its place ``225.1101(10)(i)(C)''; and
0
f. In Alternate V, removing ``225.1101(11)(i)(C)'' in the introductory 
text and adding in its place ``225.1101(10)(i)(C)''.
[FR Doc. 2013-23743 Filed 9-27-13; 8:45 am]
BILLING CODE 5001-06-P