Notice2023-13397
Information Collection Requirement; Defense Federal Acquisition Regulation Supplement (DFARS) Part 225, Foreign Acquisition and Related Clauses
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
June 23, 2023
Issuing agencies
Defense DepartmentDefense Acquisition Regulations System
Abstract
The Defense Acquisition Regulations System has submitted to OMB for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act.
Full Text
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<title>Federal Register, Volume 88 Issue 120 (Friday, June 23, 2023)</title>
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[Federal Register Volume 88, Number 120 (Friday, June 23, 2023)]
[Notices]
[Pages 41088-41089]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13397]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
[Docket Number DARS-2023-0014; OMB Control Number 0704-0229]
Information Collection Requirement; Defense Federal Acquisition
Regulation Supplement (DFARS) Part 225, Foreign Acquisition and Related
Clauses
AGENCY: Defense Acquisition Regulations System; Department of Defense
(DoD).
ACTION: Notice.
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SUMMARY: The Defense Acquisition Regulations System has submitted to
OMB for clearance the following proposal for collection of information
under the provisions of the Paperwork Reduction Act.
DATES: Consideration will be given to all comments received by July 24,
2023.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>. Find this
particular information collection by selecting ``Currently under 30-day
Review--Open for Public Comments'' or by using the search function.
You may also submit comments, identified by docket number and
title, by the following method: Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
FOR FURTHER INFORMATION CONTACT: Angela Duncan, 571-372-7574, or
<a href="/cdn-cgi/l/email-protection#90e7f8e3befdf3bdf1fcf5e8bef5e3f4befdf2e8bef4f4bdf4fff4bdf9fef6ffe2fdf1e4f9fffebdf3fffcfcf5f3e4f9fffee3d0fdf1f9fcbefdf9fc"><span class="__cf_email__" data-cfemail="43342b306d2e206e222f263b6d2630276d2e213b6d27276e272c276e2a2d252c312e22372a2c2d6e202c2f2f2620372a2c2d30032e222a2f6d2e2a2f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Title and OMB Number: Defense Federal Acquisition Regulation
Supplement (DFARS) Part 225, Foreign Acquisition and Related Clauses at
252.225; DD Form 2139; OMB Control Number 0704-0229.
Affected Public: Businesses or other for-profit and not-for-profit
institutions.
Respondent's Obligation: Required to obtain or retain benefits.
Frequency: On occasion.
Number of Respondents: 39,221.
Responses per Respondent: Approximately 10.
Annual Responses: 382,876.
Average Burden per Response: Approximately 0.28 hours.
Annual Burden Hours: 106,995 (106,730 reporting hours and 265
recordkeeping hours).
Needs and Uses: DoD needs this information to ensure compliance
with restrictions on the acquisition of foreign products imposed by
statute or policy to protect the defense industrial base; to ensure
compliance with U.S. trade agreements and memoranda of understanding
that promote reciprocal trade with U.S. allies; and to prepare reports
for submission to the Department of Commerce on the Balance of Payments
Program. This information collection includes requirements related to
foreign acquisition in DFARS part 225, Foreign Acquisition, and the
related clauses in DFARS part 252 as follows:
DFARS 252.225-7000, Buy American--Balance of Payments Program
Certificate, as prescribed in DFARS 225.1101(1) and (1)(i), requires
the offeror to identify in its proposal supplies that do not meet the
definition of domestic end product, separately listing qualifying
country and other foreign end products. The Buy American statute does
not apply to acquisitions of commercial information technology.
DFARS 252.225-7003, Report of Intended Performance Outside the
United States and Canada--Submission
[[Page 41089]]
with Offer, and 252.225-7004, Report of Intended Performance Outside
the United States and Canada--Submission after Award, as prescribed in
DFARS 225.7204(a) and (b) respectively, require offerors and
contractors to submit a Report of Contract Performance Outside the
United States for subcontracts to be performed outside the United
States. The reporting threshold is $700,000 for contracts that exceed
$13.5 million. The contractor may submit the report on DD Form 2139,
Report of Contract Performance Outside the United States, or a
computer-generated report that contains all information required by DD
Form 2139.
DFARS 252.225-7005, Identification of Expenditures in the United
States, as prescribed in DFARS 225.1103(1), requires contractors
incorporated or located in the United States to identify, on each
request for payment under contracts for supplies to be used or for
construction or services to be performed outside the United States,
that part of the requested payment representing estimated expenditures
in the United States.
DFARS 252.225-7010, Commercial Derivative Military Article--
Specialty Metals Compliance Certificate, as prescribed at DFARS
225.7003-5(b), requires the offeror to certify that it will take
certain actions with regard to specialty metals if the offeror chooses
to use the alternative compliance approach when providing commercial
derivative military articles to the Government.
DFARS 252.225-7013, Duty-Free Entry, prescribed at DFARS
225.1101(4), requires the contractor or an authorized agent to provide
information on shipping documents and customs forms regarding those
items that are eligible for duty-free entry.
DFARS 252.225-7018, Photovoltaic Devices--Certificate, as
prescribed at DFARS 225.7017-4(b), requires offerors to certify that no
photovoltaic devices with an estimated value exceeding the micro-
purchase threshold will be utilized in performance of the contract or
to specify the country of origin.
DFARS 252.225-7020, Trade Agreements Certificate, as prescribed in
DFARS 225.1101(5) and (5)(i), only requires listing of nondesignated
country end products. This provision is used in solicitations for all
acquisitions subject to the World Trade Organization Government
Procurement Agreement.
Alternate II of DFARS 252.225-7021, Trade Agreements, as prescribed
in DFARS 225.1101(6) and (6)(ii), in order to comply with a condition
of the waiver authority provided by the United States Trade
Representative to the Secretary of Defense, requires contractors from a
South Caucasus/Central or South Asian state to inform the government of
its participation in the acquisition and also advise their governments
that they generally will not have such opportunities in the future
unless their governments provide reciprocal procurement opportunities
to U.S. products and services and suppliers of such products and
services.
DFARS 252.225-7023, Preference for Products or Services from
Afghanistan, as prescribed in DFARS 225.7703-4(a), requires offerors to
identify products or services that are not products or services from
Afghanistan.
DFARS 252.225-7025, Restriction on Acquisition of Forgings, as
prescribed in DFARS 225.7102-4, also requires contractor retention of
records showing compliance with the restrictions until 3 years after
final payment. The contractor agrees to make the records available to
the contracting officer upon request. The contractor may request a
waiver in accordance with DFARS 225.7102-3.
DFARS 252.225-7032, Waiver of United Kingdom Levies--Evaluation of
Offers, and 252.225-7033, Waiver of United Kingdom Levies, as
prescribed in DFARS 225.1101(7) and (8) respectively, require United
Kingdom offerors and prime contractors, and offerors and prime
contractors with subcontracts of a dollar value exceeding $1 million
with United Kingdom firms, to provide certain information necessary for
DoD to obtain a waiver of United Kingdom levies.
DFARS 252.225-7035, Buy American--Free Trade Agreements--Balance of
Payments Program Certificate, as prescribed in DFARS 225.1101(9) and
(9)(i), requires separate listing of qualifying country (except
Australia), Free Trade Agreement (FTA) country, or other foreign end
products. Alternate I, as prescribed in 225.1101(9) and (9)(ii), no
longer requires listing of Canadian end products, rather than FTA
country end products, in solicitations between $25,000 and the FTA
threshold. The Buy American statute does not apply to acquisitions of
commercial information technology.
DFARS 252.225-7046, Exports of Approved Community Members in
Response to the Solicitation, as prescribed at DFARS 225.7902-5(a),
requires a representation whether exports or transfers of qualifying
defense articles were made in preparing the response to the
solicitation. If yes, the offeror represents that such exports or
transfers complied with the requirements of the provision.
DoD Clearance Officer: Ms. Angela Duncan. Requests for copies of
the information collection proposal should be sent to Ms. Duncan at
<a href="/cdn-cgi/l/email-protection#b9ced1ca97d4da94d8d5dcc197dccadd97d4dbc197dddd94ddd6dd94d0d7dfd6cbd4d8cdd0d6d794dad6d5d5dcdacdd0d6d7caf9d4d8d0d597d4d0d5"><span class="__cf_email__" data-cfemail="13647b603d7e703e727f766b3d7660773d7e716b3d77773e777c773e7a7d757c617e72677a7c7d3e707c7f7f7670677a7c7d60537e727a7f3d7e7a7f">[email protected]</span></a>.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
[FR Doc. 2023-13397 Filed 6-22-23; 8:45 am]
BILLING CODE 5001-06-P
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