Public Comments 2008-D024-G.Blasser

To Whom It May Concern: The definition of "qualified country" modified at DFARS 225.003(9) and introduced at the new DFARS 252.225-7012(a)(3) under DFARS Case 20089-D024 may be inadequate and ambiguous, as written. This can be avoided by amending the definition and the introduction of the list of qualifying countries, as set forth in the attachment or similarly. 1. As written in the interim rule, this definition could be applied indiscriminately, but incorrectly, to memoranda and agreements generally, including program agreements, Status of Forces Agreements, etc. Memoranda or agreements generally are not germane to application of the exception provided at 10 U.S.C. 2533a, paragraphs (e)(1)(B) and (e)(2). To ensure the definition is applicable only to the appropriate set of memoranda and agreements, the definition should be amended, as shown or similarly, to provide a clear link between the referenced memoranda/agreements and the mandatory discriminating criteria for invoking the pertinent exception at 10 U.S.C. 2533a, paragraphs (e)(1)(B) and (e)(2). 2. By amending the introduction in the second sentence, as shown or similarly, the list of qualifying countries would be made explicit, rather than appear possibly illustrative. Best Regards, Gary S. Blasser Assistant for Legislative Matters and Senior Procurement Analyst Office of Contract Policy and International Contracting Defense Procurement, Acquisition Policy, and Strategic Sourcing Directorate Tel: 703.693.0197 (DSN 223.0197) E-Mail: Gary.Blasser@osd.mil Pentagon Room 5E621