[Federal Register Volume 62, Number 173 (Monday, September 8, 1997)]
[Rules and Regulations]
[Pages 47153-47154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23658]
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DEPARTMENT OF DEFENSE
48 CFR Parts 212, 225, 244, and 252
[DFARS Case 96-D333]
Defense Federal Acquisition Regulation Supplement; Application of
Berry Amendment
AGENCY: Department of Defense (DOD).
ACTION: Final rule.
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SUMMARY: The Director of Defense Procurement has adopted as final, with
changes, the interim rule that was published at 62 FR 5779 on February
7, 1997. The rule amends the Defense Federal Acquisition Regulation
Supplement (DFARS) to implement Section 8109 of the National Defense
Appropriations Act for Fiscal Year 1997. Section 8109 provides that, in
applying the Berry Amendment, the term ``synthetic fabric and coated
synthetic fabric'' shall be deemed to include all textile fibers and
yarns that are for use in such fabrics; and that the domestic source
restrictions of the Berry Amendment shall apply to contracts and
subcontracts for the procurement of commercial items.
EFFECTIVE DATE: September 8, 1997.
FOR FURTHER INFORMATION CONTACT:
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-D333.
SUPPLEMENTARY INFORMATION:
A. Background
An interim rule with request for comments was published at 62 FR
5779 on February 7, 1997. The rule amended DFARS Parts 212, 225, 244,
and 252 to extend the application of the Berry Amendment domestic
source restrictions (10 U.S.C. 2241 note) to textile fibers and yarns
that are for use in synthetic fabric and coated synthetic fabric; and
to require flow down of the Berry Amendment restrictions to
subcontracts for the procurement of commercial items. The interim rule
provided an exception to the Berry Amendment restrictions for purchases
of fibers and yarns that are for use in synthetic fabric or coated
synthetic fabric, if such fabric is to be used as a component of an end
item not classified in Federal Supply Group 83 or 84. This
[[Page 47154]]
final rule revises the exception for fibers and yarns to apply to those
that are for use in synthetic fabric or coated synthetic fabric, if
such fabric is to be used as a component of an end item that is not a
textile product; and provides examples of textile products, which
include, but are not limited to, products in Federal Supply Groups 83
and 84.
Five respondents submitted comments on the interim rule. All
comments were considered in developing the final rule.
B. Regulatory Flexibility Act
A final regulatory flexibility analysis has been performed. The
analysis is summarized as follows: The legal basis for this rule is the
Berry Amendment (10 U.S.C. 2241 note). There were no public comments in
response to the initial regulatory flexibility analysis. However,
various comments on the interim rule suggested other ways to identify
the textile products to which the domestic source restrictions on
textile fibers apply. As a result, the final rule uses additional
examples to clarify what products are ``textile products.'' This rule
is expected to have a positive impact on small entities that provide
domestic textile products or specialty metals restricted by the Berry
Amendment, because it reduces foreign competition for those items. The
rule imposes no new reporting, recordkeeping, or compliance
requirements for offerors or contractors. There are no practical
alternatives that will meet the requirements of the Berry Amendment.
A copy of the analysis may be obtained by contacting the 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.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply, because this final rule
does not impose any reporting or recordkeeping requirements that
require Office of Management and Budget approval under 44 U.S.C. 3501,
et seq.
List of Subjects in 48 CFR Parts 212, 225, 244, and 252
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
Interim Rule Adopted as Final With Changes
Accordingly, the interim rule amending 48 CFR parts 212, 225, 244,
and 252, which was published at 62 FR 5779 on February 7, 1997, is
adopted as final with the following changes:
1. The authority citation for 48 CFR parts 212, 225, 244, and 252
continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 225--FOREIGN ACQUISITION
2. Section 225.7002-1 is amended by revising paragraph (a)(9) to
read as follows:
225.7002-1 Restrictions.
(a) * * *
(9) Any item of individual equipment (Federal Supply Class 8465)
manufactured from or containing any of the listed fibers, yarns,
fabrics, or materials.
* * * * *
3. Section 225.7002-2 is amended by revising paragraph (j) to read
as follows:
225.7002-2 Exceptions.
* * * * *
(j) Purchases of fibers and yarns that are for use in synthetic
fabric or coated synthetic fabric (but not the purchase of the
synthetic or coated synthetic fabric itself), if such fabric is to be
used as a component of an end item that is not a textile product.
Examples of textile products, made in whole or in part of fabric,
include--
(1) Draperies, floor coverings, furnishings, and bedding (Federal
Supply Group 72, Household and Commercial Furnishings and Appliances);
(2) Items made in whole or in part of fabric in Federal Supply
Group 83, Textile/leather/furs/apparel/findings/tents/flags, or Federal
Supply Group 84, Clothing, Individual Equipment and Insignia;
(3) Upholstered seats (whether for household, office, or other
use); and
(4) Parachutes (Federal Supply Class 1670).
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
4. Section 252.225-7012 is amended by revising the clause date and
paragraphs (a)(10) and (b)(4) to read as follows:
252.225-7012 Preference for certain domestic commodities.
* * * * *
Preference for Certain Domestic Commodities (Sept. 1997)
(a) * * *
(10) Any item of individual equipment (Federal Supply Class
8465) manufactured from or containing such fibers, yarns, fabrics,
or materials.
(b) * * *
(4) To purchase of fibers and yarns that are for use in
synthetic fabric or coated synthetic fabric (but not the purchase of
the synthetic or coated synthetic fabric itself), if such fabric is
to be used as a component of an end item that is not a textile
product. Examples of textile products, made in whole or in part of
fabric, include--
(i) Draperies, floor coverings, furnishings, and bedding
(Federal Supply Group 72, Household and Commercial Furnishings and
Appliances);
(ii) Items made in whole or in part of fabric in Federal Supply
Group 83, Textile/leather/furs/apparel/findings/tents/flags, or
Federal Supply Group 84, Clothing, Individual Equipment and
Insignia;
(iii) Upholstered seats (whether for household, office, or other
use); and
(iv) Parachutes (Federal Supply Class 1670).
(End of clause)
[FR Doc. 97-23658 Filed 9-5-97; 8:45 am]
BILLING CODE 5000-04-M
