[Federal Register Volume 85, Number 195 (Wednesday, October 7, 2020)]
[Notices]
[Pages 63276-63277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22151]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0024; Docket No. 2020-0053; Sequence No. 10]


Information Collection; Buy American, Trade Agreements, and Duty-
Free Entry

AGENCY: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Notice and request for comments.

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SUMMARY: In accordance with section 3506(c)(2)(A) of the Paperwork 
Reduction Act of 1995, and the Office of Management and Budget (OMB) 
regulations, DoD, GSA, and NASA invite the public to comment on a 
revision and renewal concerning Buy American, trade agreements, and 
duty-free entry. DoD, GSA, and NASA invite comments on: Whether the 
proposed collection of information is necessary for the proper 
performance of the functions of Federal Government acquisitions, 
including whether the information will have practical utility; the 
accuracy of the estimate of the burden of the proposed information 
collection; ways to enhance the quality, utility, and clarity of the 
information to be collected; and ways to minimize the burden of the 
information collection on respondents, including the use of automated 
collection techniques or other forms of information technology. OMB has 
approved this information collection for use through November 30, 2020. 
DoD, GSA, and NASA propose that OMB extend its approval for use for 
three additional years beyond the current expiration date.

DATES: DoD, GSA, and NASA will consider all comments received by 
December 7, 2020.

ADDRESSES: DoD, GSA, and NASA invite interested persons to submit 
comments on this collection through http://www.regulations.gov and 
follow the instructions on the site. This website provides the ability 
to type short

[[Page 63277]]

comments directly into the comment field or attach a file for lengthier 
comments. If there are difficulties submitting comments, contact the 
GSA Regulatory Secretariat Division at 202-501-4755 or 
[email protected].
    Instructions: All items submitted must cite Information Collection 
9000-0024, Buy American, Trade Agreements, and Duty-Free Entry. 
Comments received generally will be posted without change to http://www.regulations.gov, including any personal and/or business 
confidential information provided. To confirm receipt of your 
comment(s), please check www.regulations.gov, approximately two-to-
three days after submission to verify posting.

FOR FURTHER INFORMATION CONTACT: Zenaida Delgado, Procurement Analyst, 
at telephone 202-969-7207, or [email protected].

SUPPLEMENTARY INFORMATION: 

A. OMB Control Number, Title, and Any Associated Form(s)

    9000-0024, Buy American, Trade Agreements, and Duty-Free Entry.

B. Need and Uses

    This clearance covers the information that an offeror must submit 
in response to the requirements of the provisions and clauses in 
Federal Acquisition Regulation (FAR) part 25 that relate to the 
following:
    * The Buy American statute (41 U.S.C. chapter 83 and Executive 
Order 10582).
    * The Trade Agreements Act (19 U.S.C. 2501-2515), including the 
World Trade Organization Government Procurement Agreement and various 
free trade agreements.
    * The American Recovery and Reinvestment Act of 2009 (Pub. L. 111-
5) (Recovery Act).
    * Subchapters VIII and X of Chapter 98 of the Harmonized Tariff 
Schedule of the United States (19 U.S.C. 1202).
    a. 52.225-2, Buy American Certificate. This provision requires the 
offeror to identify in its proposal supplies that do not meet the 
definition of domestic end product.
    b. 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act 
Certificate. This provision requires a separate list of foreign 
products that are eligible under a trade agreement, and a list of all 
other foreign end products.
    c. 52.225-6, Trade Agreements Certificate. This provision requires 
the offeror to certify that all end products are either U.S.-made or 
designated country end products, except as listed in paragraph (b) of 
the provision. Offerors are not allowed to provide other than a U.S.-
made or designated country end product, unless the requirement is 
waived.
    d. 52.225-8, Duty-Free Entry. This clause requires contractors to 
notify the contracting officer when they purchase foreign supplies, in 
order to determine whether the supplies should be duty-free. The notice 
shall identify the foreign supplies, estimate the amount of duty, and 
the country of origin. The contractor is not required to identify 
foreign supplies that are identical in nature to items purchased by the 
contractor or any subcontractor in connection with its commercial 
business, and segregation of these supplies to ensure use only on 
Government contracts containing duty-free entry provisions is not 
economical or feasible. In addition, all shipping documents and 
containers must specify certain information to assure the duty-free 
entry of the supplies.
    e. Construction provisions and clauses:

 52.225-9, Buy American--Construction Materials
 52.225-10, Notice of Buy American Requirement--Construction 
Materials
 52.225-11, Buy American-Construction Materials Under Trade 
Agreements
 52.225-12, Notice of Buy American Requirement--Construction 
Materials under Trade Agreements
 52.225-21, Required Use of American Iron, Steel and 
Manufactured Goods--Buy American--Construction Materials
 52.225-23, Required Use of American Iron, Steel and 
Manufactured Goods--Buy American--Construction Materials Under Trade 
Agreements

    The listed provisions and clauses provide that an offeror or 
contractor requesting to use foreign construction material due to 
unreasonable cost of domestic construction material shall provide 
adequate information to permit evaluation of the request.

C. Annual Burden

    Respondents: 8,771.
    Total Annual Responses: 43,891.
    Total Burden Hours: 40,738.
    Obtaining Copies: Requesters may obtain a copy of the information 
collection documents from the GSA Regulatory Secretariat Division by 
calling 202-501-4755 or emailing [email protected]. Please cite OMB 
Control No. 9000-0024, Buy American, Trade Agreements, and Duty-Free 
Entry.

William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2020-22151 Filed 10-6-20; 8:45 am]
BILLING CODE 6820-EP-P