[Federal Register Volume 88, Number 61 (Thursday, March 30, 2023)]
[Notices]
[Pages 19099-19100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06525]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

[Docket Number DARS-2023-0014; OMB Control Number 0704-0229]


Information Collection Requirement; Defense Federal Acquisition 
Regulation Supplement (DFARS) Part 225, Foreign Acquisition and Related 
Clauses

AGENCY: Defense Acquisition Regulations System; 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 the Paperwork Reduction Act of 1995, DoD 
announces the proposed extension of a public information collection 
requirement and seeks public comment on the provisions thereof. DoD 
invites comments on: 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; the accuracy of 
DoD's 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 through 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 under Control Number 0704-0229 through July 31, 
2023. DoD proposes that OMB approve an extension of the information 
collection requirement, to expire three years after the approval date.

DATES: DoD will consider all comments received by May 30, 2023.

ADDRESSES: You may submit comments, identified by OMB Control Number 
0704-0229, using any of the following methods:
    [cir] Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
    [cir] Email: [email protected]. Include OMB Control Number 0704-
0229 in the subject line of the message.
    Comments received generally will be posted without change to 
https://www.regulations.gov, including any personal information 
provided.

FOR FURTHER INFORMATION CONTACT: Kimberly Bass, at 703-717-3446.

SUPPLEMENTARY INFORMATION: 
    Title and OMB Number: Defense Federal Acquisition Regulation 
Supplement (DFARS) Part 225, Foreign Acquisition and Related Clauses at 
252.225; DD Form 2139; OMB Control Number 0704-0229.
    Affected Public: Businesses or other for-profit and not-for-profit 
institutions.
    Respondent's Obligation: Required to obtain or retain benefits.
    Frequency: On occasion.
    Number of Respondents: 39,221.
    Responses per Respondent: 10, approximately.
    Annual Responses: 382,876.
    Average Burden per Response: 0.28 hours, approximately.
    Annual Burden Hours: 106,730 (106,995 reporting hours and 
recordkeeping hours).
    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 the U.S. allies; and to prepare reports for 
submission to the Department of Commerce on the Balance of Payments 
Program. This information collection includes requirements related to 
foreign acquisition in DFARS part 225, Foreign Acquisition, and the 
related clauses at DFARS 252.225 as follows:
    DFARS 252.225-7000, Buy American--Balance of Payments Program 
Certificate, as prescribed in DFARS 225.1101(1) and (1)(i), requires 
the offeror to identify in its proposal supplies that do not meet the 
definition of domestic end product, separately listing qualifying 
country and other foreign end products. The Buy American statute does 
not apply to acquisitions of commercial information technology.
    DFARS 252.225-7003, Report of Intended Performance Outside the 
United States and Canada--Submission with Offer, and 252.225-7004, 
Report of Intended Performance Outside the United States and Canada--
Submission after Award, as prescribed in DFARS 225.7204(a) and (b) 
respectively, require offerors and contractors to submit a Report of 
Contract Performance Outside the United States for subcontracts to be 
performed outside the United States. The reporting threshold is 
$750,000 for contracts that exceed $15 million. The contractor may 
submit the report on DD Form 2139, Report of Contract Performance 
Outside the United States, or a computer-generated report that contains 
all information required by DD Form 2139.

[[Page 19100]]

    DFARS 252.225-7005, Identification of Expenditures in the United 
States, as prescribed in DFARS 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 252.225-7010, Commercial Derivative Military Article--
Specialty Metals Compliance Certificate, as prescribed at DFARS 
225.7003-5(b), requires the offeror to certify that it will take 
certain actions with regard to specialty metals if the offeror chooses 
to use the alternative compliance approach when providing commercial 
derivative military articles to the Government.
    DFARS 252.225-7013, Duty-Free Entry, prescribed at DFARS 
225.1101(4), requires the contractor or an authorized agent to provide 
information on shipping documents and customs forms regarding those 
items that are eligible for duty-free entry.
    DFARS 252.225-7018, Photovoltaic Devices--Certificate, as 
prescribed at DFARS 225.7017-4(b), requires offerors to certify that no 
photovoltaic devices with an estimated value exceeding the micro-
purchase threshold will be utilized in performance of the contract or 
to specify the country of origin.
    DFARS 252.225-7020, Trade Agreements Certificate, as prescribed in 
DFARS 225.1101(5) and (5)(i), only requires listing of nondesignated 
country end products. This provision is used in solicitations for all 
acquisitions subject to the World Trade Organization Government 
Procurement Agreement.
    Alternate II of DFARS 252.225-7021, Trade Agreements, as prescribed 
in DFARS 225.1101(6) and (6)(ii), in order to comply with a condition 
of the waiver authority provided by the United States Trade 
Representative to the Secretary of Defense, requires contractors from a 
South Caucasus/Central or South Asian state to inform the government of 
its participation in the acquisition and also advise their governments 
that they generally will not have such opportunities in the future 
unless their governments provide reciprocal procurement opportunities 
to U.S. products and services and suppliers of such products and 
services.
    DFARS 252.225-7023, Preference for Products or Services from 
Afghanistan, as prescribed in DFARS 225.7703-4(a), requires offerors to 
identify products or services that are not products or services from 
Afghanistan.
    DFARS 252.225-7025, Restriction on Acquisition of Forgings, as 
prescribed in DFARS 225.7102-4, also requires contractor retention of 
records showing compliance with the restrictions until 3 years after 
final payment. The contractor agrees to make the records available to 
the contracting officer upon request. The contractor may request a 
waiver 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 DFARS 225.1101(7) and (8) respectively, require United 
Kingdom offerors and prime contractors, and offerors and prime 
contractors with subcontracts of a dollar value exceeding $1 million 
with United Kingdom firms, to provide certain information necessary for 
DoD to obtain a waiver of United Kingdom levies.
    DFARS 252.225-7035, Buy American--Free Trade Agreements--Balance of 
Payments Program Certificate, as prescribed in DFARS 225.1101(9) and 
(9)(i), requires separate listing of qualifying country (except 
Canada), Free Trade Agreement (FTA) country, or other foreign end 
products. Alternate I, as prescribed in 225.1101(9) and (9)(ii), no 
longer requires listing of Canadian end products, rather than FTA 
country end products, in solicitations between $25,000 and the FTA 
threshold. The Buy American statute does not apply to acquisitions of 
commercial information technology.
    DFARS 252.225-7046, Exports of Approved Community Members in 
Response to the Solicitation, as prescribed at DFARS 225.7902-5(a), 
requires a representation whether exports or transfers of qualifying 
defense articles were made in preparing the response to the 
solicitation. If yes, the offeror represents that such exports or 
transfers complied with the requirements of the provision.

Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
[FR Doc. 2023-06525 Filed 3-29-23; 8:45 am]
BILLING CODE 5001-06-P