Notice2022-25236
Submission for OMB Review; Buy American, Trade Agreements, and Duty-Free Entry
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 21, 2022
Issuing agencies
Defense DepartmentGeneral Services AdministrationNational Aeronautics and Space Administration
Abstract
Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division has submitted to the Office of Management and Budget (OMB) a request to review and approve a revision of a previously approved information collection requirement regarding Buy American, associated with implementation of Federal Acquisition Regulation (FAR) rule 2021-008, Amendments to the FAR Buy American Act Requirements.
Full Text
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<title>Federal Register, Volume 87 Issue 223 (Monday, November 21, 2022)</title>
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[Federal Register Volume 87, Number 223 (Monday, November 21, 2022)]
[Notices]
[Pages 70822-70823]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25236]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0024; Docket No. 2022-0053; Sequence No. 22]
Submission for OMB Review; Buy American, Trade Agreements, and
Duty-Free Entry
AGENCY: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Notice.
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SUMMARY: Under the provisions of the Paperwork Reduction Act, the
Regulatory Secretariat Division has submitted to the Office of
Management and Budget (OMB) a request to review and approve a revision
of a previously approved information collection requirement regarding
Buy American, associated with implementation of Federal Acquisition
Regulation (FAR) rule 2021-008, Amendments to the FAR Buy American Act
Requirements.
DATES: Submit comments on or before December 21, 2022.
ADDRESSES: Written comments and recommendations for this information
collection should be sent within 30 days of publication of this notice
to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function.
Additionally, submit a copy to GSA through <a href="https://www.regulations.gov">https://www.regulations.gov</a> and follow the instructions on the site. This
website provides the ability to type short comments directly into the
comment field or attach a file for lengthier comments.
Instructions: All items submitted must cite OMB Control No. 9000-
0024, Buy American, Trade Agreements, and Duty-Free Entry. Comments
received generally will be posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal and/or business
confidential information provided. To confirm receipt of your
comment(s), please check <a href="http://www.regulations.gov">www.regulations.gov</a>, approximately two-to-
three days after submission to verify posting. If there are
difficulties submitting comments, contact the GSA Regulatory
Secretariat Division at 202-501-4755 or <a href="/cdn-cgi/l/email-protection#a4e3f7e5f6c1c3f7c1c7e4c3d7c58ac3cbd2"><span class="__cf_email__" data-cfemail="95d2c6d4c7f0f2c6f0f6d5f2e6f4bbf2fae3">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Ms. Mahruba Uddowla, Procurement
Analyst, at telephone 703-605-2868, or <a href="/cdn-cgi/l/email-protection#c5a8a4adb7b0a7a4ebb0a1a1aab2a9a485a2b6a4eba2aab3"><span class="__cf_email__" data-cfemail="630e020b111601024d1607070c140f02230410024d040c15">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
A. OMB Control Number, Title, and Any Associated Form(s)
9000-0024, Buy American, Trade Agreements, and Duty-Free Entry.
B. Needs and Uses
This clearance covers the information that an offeror must submit
in response to the requirements of the provisions and clauses in
Federal Acquisition Regulation (FAR) part 25 that relate to the
following:
* The Buy American statute (41 U.S.C. chapter 83) and Executive
Orders (E.O.s) 10582 and 14005.
* The Trade Agreements Act (19 U.S.C. 2501-2515), including the
World Trade Organization Government Procurement Agreement and various
free trade agreements.
* The American Recovery and Reinvestment Act of 2009 (Pub. L. 111-
5) (Recovery Act).
* Subchapters VIII and X of Chapter 98 of the Harmonized Tariff
Schedule of the United States (19 U.S.C. 1202).
a. 52.225-2, Buy American Certificate. This provision requires the
offeror to identify in its proposal supplies that do not meet the
definition of domestic end product and whether those supplies exceed
55% domestic content. This provision also requires offerors to identify
in its proposal domestic end products that contain a critical
component.
b. 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act
Certificate. This provision requires a separate list of foreign
products that are eligible under a trade agreement, and a list of all
other foreign end products and whether those supplies exceed 55%
domestic content. This provision also requires offerors to identify in
its proposal domestic end products that contain a critical component.
c. 52.225-6, Trade Agreements Certificate. This provision requires
the offeror to certify that all end products are either U.S.-made or
designated country end products, except as listed in paragraph (b) of
the provision. Offerors are not allowed to provide other than a U.S.-
made or designated country end product, unless the requirement is
waived.
d. 52.225-8, Duty-Free Entry. This clause requires contractors to
notify the
[[Page 70823]]
contracting officer when they purchase foreign supplies, in order to
determine whether the supplies should be duty-free. The notice shall
identify the foreign supplies, estimate the amount of duty, and the
country of origin. The contractor is not required to identify foreign
supplies that are identical in nature to items purchased by the
contractor or any subcontractor in connection with its commercial
business, and segregation of these supplies to ensure use only on
Government contracts containing duty-free entry provisions is not
economical or feasible. In addition, all shipping documents and
containers must specify Start Printed Page 8915certain information to
assure the duty-free entry of the supplies.
e. Construction provisions and clauses:
<bullet> 52.225-9, Buy American--Construction Materials
<bullet> 52.225-10, Notice of Buy American Requirement--Construction
Materials
<bullet> 52.225-11, Buy American--Construction Materials Under Trade
Agreements
<bullet> 52.225-12, Notice of Buy American Requirement--Construction
Materials under Trade Agreements
<bullet> 52.225-21, Required Use of American Iron, Steel and
Manufactured Goods--Buy American--Construction Materials
<bullet> 52.225-23, Required Use of American Iron, Steel and
Manufactured Goods--Buy American--Construction Materials Under Trade
Agreements
The listed provisions and clauses provide that an offeror or
contractor requesting to use foreign construction material due to
unreasonable cost of domestic construction material shall provide
adequate information to permit evaluation of the request.
C. Annual Burden
Respondents: 16,478.
Total Annual Responses: 69,165.
Total Burden Hours: 43,469.
D. Public Comment
A 60-day notice was published within the proposed FAR rule (2021-
008, Amendments to the FAR Buy American Act Requirements) in the
Federal Register at 86 FR 40980, on July 30, 2021. The proposed FAR
rule included information collection requirements that were additional
to the paperwork burden previously approved under OMB Control Number
9000-0024 as well as a new information collection requirement that
would have required clearance under a new OMB Control Number (i.e.,
``Domestic Content Reporting Requirement''). However, as explained in
the published final FAR rule at 87 FR 12780, on March 7, 2022, the FAR
will not be implementing the information collection for domestic
content reporting until a future FAR rule but the final rule did
proceed with the information collection requirements that are
additional to the paperwork burden previously approved under OMB
Control Number 9000-0024. As such, the Regulatory Secretariat Division
is proceeding with seeking OMB approval of the revised information
collection requirements under OMB Control Number 9000-0024 but has
withdrawn its request for approval of a new information collection
requirement concerning ``Domestic Content Reporting Requirement.''
No comments to the 60-day notice specifically cited this OMB
Control Number but two respondents did comment on the requirement for
offerors to identify whether any of their end products/construction
material contain critical components.
a. One respondent commented that the establishment of a separate
representation process can create administrative burden and cost for
vendors, as associated compliance mechanisms will be required to assure
the accuracy of such separate representations. The respondent did not
appear to be aware that the FAR Council acknowledged the additional
burden associated with this new representation and sought an increase
to the estimated burdens associated through this clearance. Since no
feedback was provided on the FAR Council's proposed calculations for
the associated burden, no revisions are being made to the estimates
previously provided.
b. One respondent commented that contractors are unable to comply
with the ``reporting requirements.'' Since no feedback was provided on
the FAR Council's proposed calculations for the associated burden, no
revisions are being made to the estimates previously provided.
Obtaining Copies: Requesters may obtain a copy of the information
collection documents from the GSA Regulatory Secretariat Division, by
calling 202-501-4755 or emailing <a href="/cdn-cgi/l/email-protection#ebacb8aab98e8cb88e88ab8c988ac58c849d"><span class="__cf_email__" data-cfemail="4a0d190b182f2d192f290a2d392b642d253c">[email protected]</span></a>. Please cite OMB
Control No. 9000-0024, Buy American, Trade Agreements, and Duty-Free
Entry.
Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide
Acquisition Policy, Office of Acquisition Policy, Office of
Governmentwide Policy.
[FR Doc. 2022-25236 Filed 11-18-22; 8:45 am]
BILLING CODE 6820-EP-P
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