[Federal Register Volume 61, Number 222 (Friday, November 15, 1996)]
[Rules and Regulations]
[Pages 58488-58489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29331]
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DEPARTMENT OF DEFENSE
48 CFR Parts 212, 225, and 252
[DFARS Case 96-D023]
Defense Federal Acquisition Regulation Supplement; Foreign
Machine Tools and Powered and Non-Powered Valves
AGENCY: Department of Defense (DoD).
ACTION: Final rule.
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SUMMARY: The Director of Defense Procurement has issued a final rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to reflect the expiration of certain statutory restrictions on the
acquisition of machine tools and powered and non-powered valves.
EFFECTIVE DATE: November 15, 1996.
FOR FURTHER INFORMATION CONTACT: Defense Acquisition Regulations
Council, Attn: Ms. Amy Williams, PDUSD (A&T) DP (DAR), IMD 3D139, 3062
Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0131;
telefax (703) 602-0350. Please cite DFARS Case 96-D023 in all
correspondence related to this issue.
SUPPLEMENTARY INFORMATION:
A. Background
10 U.S.C. 2534(a)(4) restricts the acquisition of non-domestic (1)
powered and non-powered valves in Federal Supply Classes 4810 and 4820
used in piping for naval surface ships and submarines, and (2) machine
tools in certain Federal Supply Classes for metal-working machinery.
This restriction ceased to be effective on October 1, 1996. Therefore,
the implementing DFARS guidance at 225.7004 and the related clauses at
252.225-7017 and 252.225-7040 have been removed. In addition, the
following associated conforming and editorial changes have been made:
Obsolete statutory references at 212.504(a) (xix) through
(xxi) have been removed.
A new section has been established at 225.7005 to specify
the waiver criteria (previously included in 225.7004-4) for items still
restricted under 10 U.S.C. 2534.
A reference to the clause at 252.225-7017 has been removed
from the clause at 252.212-7001.
B. Regulatory Flexibility Act
This final rule does not constitute a significant revision within
the meaning of FAR 1.501 and Public Law 98-577 and publication for
public comment is not required. However, comments from small entities
concerning the affected DFARS subparts will be considered in accordance
with 5 U.S.C. 610. Such comments should cite DFARS Case 96-D023 in
correspondence.
C. Paperwork Reduction Act
This final rule eliminates the information collection requirements
at 252.225-7040, which previously were approved by the Office of
Management and Budget (OMB) under 44 U.S.C. 3501, et seq. (OMB
Clearance Number 0704-0229).
List of Subjects in 48 CFR Parts 212, 225, and 252
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
Therefore, 48 CFR Parts 212, 225, and 252 are amended as follows:
1. The authority citation for 48 CFR Parts 212, 225, and 252
continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
212.504 [Amended]
2. Section 212.504 is amended by removing and reserving paragraphs
(a)(xix) through (xxi).
[[Page 58489]]
PART 225--FOREIGN ACQUISITION
225.7004 [Removed and Reserved]
3. Section 225.7004 is removed and reserved.
225.7004-1 through 225.7004-6 [Removed]
4. Sections 225.7004-1 through 225.7004-6 are removed.
5. Section 225.7005 is revised to read as follows:
225.7005 Waiver of certain restrictions.
Where provided for elsewhere in this subpart, the restrictions on
certain foreign purchases under 10 U.S.C. 2534 may be waived as
follows:
(a) The head of the contracting activity may waive the restriction
on a case-by-case basis upon execution of a determination and findings
that any of the following applies:
(1) The restriction would cause unreasonable delays.
(2) United States producers of the item would not be jeopardized by
competition from a foreign country, and that country does not
discriminate against defense items produced in the United States to a
greater degree than the United States discriminates against defense
items produced in that country.
(3) Application of the restriction would impede cooperative
programs entered into between DoD and a foreign country, and that
country does not discriminate against defense items produced in the
United States to a greater degree than the United States discriminates
against defense items produced in that country.
(4) Satisfactory quality items manufactured in the United States or
Canada are not available.
(5) Application of the restriction would result in the existence of
only one source for the item in the United States or Canada.
(6) Application of the restriction is not in the national security
interests of the United States.
(7) Application of the restriction would adversely affect a U.S.
company.
(b) The restriction is waived when it would cause unreasonable
costs. The cost of the item of U.S. or Canadian origin is unreasonable
if it exceeds 150 percent of the offered price, inclusive of duty, of
items which are not of U.S. or Canadian origin.
6. Section 225.7007-4 is revised to read as follows:
225.7007-4 Waiver.
The waiver criteria at 225.7005 apply to this restriction.
7. Section 225.7010-3 is revised to read as follows:
225.7010-3 Waiver.
The waiver criteria at 225.7005 apply to this restriction.
8. Section 225.7016-3 is revised to read as follows:
225.7016-3 Waiver.
The waiver criteria at 225.7005 apply to this restriction.
9. Section 225.7022-3 is revised to read as follows:
225.7022-3 Waiver.
The waiver criteria at 225.7005 apply only to the restriction of
225.7022-1(b).
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.212-7001 [Amended]
10. Section 252.212-7001 is amended by revising the clause date to
read ``(NOV 1996)'' and by removing the entry ``________ 252.225-7017
Preference for United States and Canadian Valves and Machine Tools (10
U.S.C. 2534(c)(2)).''.
252.225-7017 [Removed and Reserved]
11. Section 252.225-7017 is removed and reserved.
252.225-7040 [Removed]
12. Section 252.225-7040 is removed.
[FR Doc. 96-29331 Filed 11-14-96; 8:45 am]
BILLING CODE 5000-04-M
