[Federal Register Volume 60, Number 198 (Friday, October 13, 1995)]
[Proposed Rules]
[Pages 53319-53320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25345]
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DEPARTMENT OF DEFENSE
48 CFR Parts 225 and 252
Defense Federal Acquisition Regulation Supplement; Uruguay Round
(1996 Agreement)
AGENCY: Department of Defense (DoD).
ACTION: Proposed rule with request for comments.
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SUMMARY: The Director of Defense Procurement is proposing to amend the
Defense Federal Acquisition Regulation Supplement (DFARS) to implement
the renegotiated General Agreement on Tariffs and Trade (GATT)
Government Procurement Agreement (1996 Code) (Uruguay Round), which
becomes effective January 1, 1996. This agreement is implemented in
statute by the Uruguay Round Agreement Act, Pub. L. 103-465, which
amends the Trade Agreements Act of 1979.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before December 12, 1995, to be
considered in the formulation of the final rule.
[[Page 53320]]
ADDRESSES: Interested parties should submit written comments to:
Defense Acquisition Regulations Council, Attn: Ms. Amy Williams, PDUSD
(A&T)DP(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, D.C. 20301-
3062. Telefax number (703) 602-0350. Please cite DFARS Case 95-D306 in
all correspondence related to this issue.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, (703) 602-0131.
SUPPLEMENTARY INFORMATION:
A. Background
The proposed rule amends DFARS 225.402 and 252.225-7007, permitting
purchase of nondesignated country end products, if sufficient U.S.
made, qualifying country, or eligible products are not available. This
implements Section 343 of Pub. L. 103-465, which amends Section 302(a)
of the Trade Agreements Act of 1979 (19 U.S.C. 2512(a)).
B. Regulatory Flexibility Act
The proposed rule is not expected 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., because it
permits purchase of nondesignated country end products only if (1)
sufficient U.S. made, qualifying country, or eligible products are not
available, or (2) a national interest waiver is granted. An Initial
Regulatory Flexibility Analysis has, therefore, not been performed.
Comments from small entities concerning the affected DFARS subpart will
be considered in accordance with Section 610 of the Act. Such comments
must be submitted separately and cite DFARS Case 95-D306 in
correspondence.
C. Paperwork Reduction Act
The proposed rule does not impose any reporting or recordkeeping
requirements which require OMB approval under 44 U.S.C. 3501 et seq.
List of Subjects in 48 CFR Parts 225 and 252
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
Therefore, it is proposed that 48 CFR Parts 225 and 252 be amended
as follows:
1. The authority citation for 48 CFR Parts 225 and 252 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 225--FOREIGN ACQUISITION
2. Section 225.402 is amended by revising paragraph (c) to read as
follows:
225.402 Policy.
(a) * * *
(c)(i) Except as provided in paragraphs (c) (ii) and (iii) of this
section, do not purchase nondesignated country end products subject to
the Trade Agreements Act unless they are NAFTA, Caribbean Basin, or
qualifying country end products (see 225.872-1).
(ii) The prohibition in paragraph (c)(i) of this section does not
apply when the contracting officer determines that offers of U.S. made,
qualifying country, or eligible products from responsive, responsible
offerors are either--
(A) Not received; or
(B) Insufficient to fill the Government's requirements. In these
cases, accept all responsive, responsible offers of U.S. made,
qualifying country, and eligible products before accepting any other
offers.
(iii) National interest waivers under Section 302(b)(2) of the
Trade Agreements Act are approved on a case-by-case basis. Except as
delegated in paragraphs (c)(iii) (A) and (B) of this section, a request
for a national interest waiver shall include supporting rationale and
be submitted under department/agency procedures to the Director of
Defense Procurement.
(A) The head of the contracting activity may approve a national
interest waiver for a purchase by an overseas purchasing activity of
products critical to the support of U.S. forces stationed abroad. The
waiver must be supported by a written statement from the requiring
activity stating that the requirement is critical for the support of
U.S. forces stationed abroad.
(B) The Commander, Defense Fuel Supply Center, may approve national
interest waivers for purchases of fuel for use by U.S. forces overseas.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
3. Section 252.225-7007 is amended by revising paragraph (c)(1) to
read as follows:
252.225-7007 Trade Agreements.
* * * * *
(c) * * *
(1) Offerors may not supply a nondesignated country end product
unless--
(i) It is a qualifying country end product, a Caribbean Basin
country end product, or a NAFTA country end product;
(ii) The Contracting Officer has determined that offers of U.S.
made end products or qualifying, designated, NAFTA, or Caribbean Basin
country end products from responsive, responsible offerors are either
not received or are insufficient to fill the Government's requirements;
or
(iii) A national interest waiver has been granted under Section 302
of the Trade Agreements Act of 1979 (see (FAR 25.402(c)).
* * * * *
[FR Doc. 95-25345 Filed 10-12-95; 8:45 am]
BILLING CODE 5000-04-M
