Proposed Rule2024-24395
Federal Acquisition Regulation: List of Domestically Nonavailable Articles
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
October 23, 2024
Issuing agencies
Defense DepartmentGeneral Services AdministrationNational Aeronautics and Space Administration
Abstract
DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to revise the list of domestically nonavailable articles under the Buy American statute and implement requirements related to making future changes to the list.
Full Text
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[Federal Register Volume 89, Number 205 (Wednesday, October 23, 2024)]
[Proposed Rules]
[Pages 84505-84509]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24395]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 25
[FAR Case 2020-009, Docket No. FAR-2020-0009, Sequence No. 1]
RIN 9000-AO07
Federal Acquisition Regulation: List of Domestically Nonavailable
Articles
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
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SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to revise the list of domestically
nonavailable articles under the Buy American statute and implement
requirements related to making future changes to the list.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat Division at the address shown below on or before
December 23, 2024 to be considered in the formation of the final rule.
ADDRESSES: Submit comments in response to FAR Case 2020-009 to the
Federal eRulemaking portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching
for ``FAR Case 2020-009''. Select the link ``Comment Now'' that
corresponds with ``FAR Case 2020-009''. Follow the instructions
provided on the ``Comment Now'' screen. Please include your name,
company name (if any), and ``FAR Case 2020-009'' on your attached
document. If your comment cannot be submitted using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the point of contact in the FOR
FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
Instructions: Please submit comments only and cite ``FAR Case 2020-
009'' in all correspondence related to this case. 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. Public comments may be submitted as an individual, as an
organization, or anonymously (see frequently asked questions at <a href="https://www.regulations.gov/faq">https://www.regulations.gov/faq</a>). To confirm receipt of your comment(s),
please check <a href="https://www.regulations.gov">https://www.regulations.gov</a>, approximately two to three
days after submission to verify posting.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Ms. Zenaida Delgado, Procurement Analyst, at 202-969-7207 or by email
at <a href="/cdn-cgi/l/email-protection#68120d0609010c09460c0d040f090c07280f1b09460f071e"><span class="__cf_email__" data-cfemail="3c4659525d55585d125859505b5d58537c5b4f5d125b534a">[email protected]</span></a>. For information pertaining to status,
publication schedules, or alternate instructions for submitting
comments if <a href="https://www.regulations.gov">https://www.regulations.gov</a> cannot be used, contact the
Regulatory Secretariat Division at 202-501-4755 or <a href="/cdn-cgi/l/email-protection#fbbca8baa99e9ca89e98bb9c889ad59c948d"><span class="__cf_email__" data-cfemail="2b6c786a794e4c784e486b4c584a054c445d">[email protected]</span></a>.
Please cite FAR Case 2020-009.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA are proposing to revise the list of domestically
nonavailable articles at FAR 25.104(a) and take other actions to limit
the use of regulatory nonavailability waivers consistent with section 9
of Executive Order (E.O.) 14005, Ensuring the Future Is Made in All of
America by All of America's Workers (86 FR 7475, January 28, 2021).
E.O. 14005 establishes policies to maximize the Federal Government's
use of goods, products,
[[Page 84506]]
and materials produced in the United States to help American businesses
compete in strategic industries and ensure America's workers thrive. A
key pillar of the E.O. involves reducing the need for waivers to the
Buy American statute (41 U.S.C. chapter 83), which generally requires
that only domestically mined, produced, or manufactured articles be
procured for public use in the United States. The Buy American statute
provides an exception for articles not mined, produced, or manufactured
in the United States in sufficient and reasonably available commercial
quantities and of a satisfactory quality.
Prior to issuance of E.O. 14005, FAR 25.103(b)(2)(i) authorized the
head of the contracting activity to make an individual determination of
nonavailability without having to publicly share the rationale for the
determination or the nature of the market research conducted. The
agency simply reported to the Federal Procurement Data System if a
nonavailability waiver was used on a particular acquisition. In
addition, a written determination of nonavailability was not required
if the acquisition was conducted using full and open competition,
synopsized, and no offer for a domestic source was received. This
process made it challenging for an existing Government contractor or
potential new entrant to become aware if its capabilities were being
overlooked. Further, if the contracting officer considered that the
nonavailability of an article was likely to affect future acquisitions
over a period of time, FAR 25.103(b)(2)(ii) authorized the contracting
officer to submit a copy of the determination and supporting
documentation to the appropriate regulatory council identified in FAR
1.201-1 (i.e., the Defense Acquisition Regulations Council or the
Civilian Agency Acquisition Council), in accordance with agency
procedures, to consider inclusion on the list of nonavailable articles
at FAR 25.104(a). Inclusion of the article on the nonavailability list
reduces the level of public outreach even further in light of the
presumption of nonavailability.
E.O. 14005 makes a number of changes to tighten the waiver process
and strengthen efforts to increase reliance on domestic sourcing.
First, with respect to individual waivers (see FAR 25.103(b)(2)(i)),
the E.O. updates, centralizes, and provides transparency to the process
for their issuance. Section 4 of the E.O. established the Made in
America Office (MIAO) in the Office of Management and Budget (OMB) to
manage a centralized process for reviewing proposed agency
nonavailability waivers for individual and multiple procurements.
Agencies can no longer simply rely on the absence of domestic offers in
a competition to justify a nonavailability waiver. OMB Memorandum M-21-
26, Increasing Opportunities for Domestic Sourcing and Reducing the
Need for Waivers from Made in America Laws, and guidance issued jointly
by MIAO and the Office of Federal Procurement Policy (OFPP), Improving
the Transparency of Made in America Waivers (October 26, 2021),
provided direction to agencies for the development, coordination, and
posting of waivers. In particular, the guidance instructs agencies to
describe steps the agency has taken to understand market capabilities
and capacity to help potential interested sources and supply chain
experts identify where opportunities might have been missed and could
be pursued when future needs arise. The guidance provides that waivers
will cover individual transactions but allows agencies to pursue multi-
procurement waivers for repetitive needs where market research
indicates that domestic capability may be lacking for a period of time,
provided the waiver is time limited. The guidance states that agencies
should continually study the market and reflect recent analysis in
their proposed waivers and not assume that there is no qualifying
product simply because one was not found in a prior year. The guidance
further directs that proposed waivers must be posted on the
<a href="http://MadeinAmerica.gov">MadeinAmerica.gov</a> website so that interested sellers can have a better
understanding of where agencies are having trouble finding U.S.-made
products. The guidance explains that greater transparency should lead
to a more responsive supplier base and help agencies build diversity by
pulling new entrants into the Federal marketplace. DoD, GSA, and NASA
will address regulatory changes to FAR 25.103 through a future
rulemaking.
Second, section 9 of E.O. 14005 creates a new oversight mechanism
to more carefully control the identification of articles eligible for
inclusion at FAR 25.104(a) (``regulatory waivers'', see FAR
25.103(b)(1)(i)). Section 9 requires the Director of OMB, through the
Administrator of OFPP, to consult with the Secretary of Commerce and
the Director of MIAO regarding any changes proposed by DoD, GSA, and
NASA to the list of nonavailable articles identified at FAR 25.104(a).
Section 9 of E.O. 14005 requires paying particular attention to
economic analyses of relevant markets and available market research, to
determine whether there is a reasonable basis to conclude that the
article, material, or supply is not mined, produced, or manufactured in
the United States in sufficient and reasonably available commercial
quantities and of a satisfactory quality.
DoD, GSA, and NASA are issuing this proposed rule to implement
section 9 and reduce reliance on regulatory waivers that can
disincentivize domestic sourcing by signaling a lack of confidence in
domestic manufacturers' capacity to meet the Federal Government's
current demand or grow capacity to meet future demand. A general
presumption of nonavailability discourages the type of ongoing,
proactive engagement with industry to understand supply chains and
market trends that is vital to strengthening domestic manufacturing.
DoD, GSA, and NASA, in partnership with MIAO and OFPP, have
conducted a proactive review of each of the 109 articles on the
existing nonavailable articles list. The current list of articles
identified in FAR 25.104(a) is a wide-ranging mix of natural resources,
compounds, materials, and other items of supply. Although some articles
on the list have no known domestic production sources (e.g., quartz
crystals or vanilla beans), many of the articles are known to have some
domestic production sources, but those sources have been determined in
the past to be inadequate to meet U.S. demand. Examples of such
articles range from bismuth (not more than 10 percent of U.S.
Government and nongovernment demand) to spices and herbs, in bulk, (not
more than 40 percent of U.S. Government and nongovernment demand). For
additional discussion regarding the basis for removal of articles from
the list at FAR 25.104(a), see section IV. of this proposed rule
preamble.
II. Discussion and Analysis
The following summarizes the proposed changes to the FAR:
A. Proposed Revisions to the List at FAR 25.104(a)
DoD, GSA, and NASA are proposing to remove numerous articles from
the nonavailability list as a general reset of the list to remove a
presumption of nonavailability as a means to encourage further market
research and send a signal to industry. This may mean that contracting
officers will do more market research on domestic availability of the
removed products. It also may encourage domestic producers to take an
interest in the articles removed from the nonavailability list.
Proposed
[[Page 84507]]
removals include the following articles: acetylene, black; agar, bulk;
anise; asbestos, amosite, chrysotile, and crocidolite; bauxite; beef,
corned, canned; beef extract; bephenium hydroxynaphthoate; cadmium,
ores and flue dust; calcium cyanamide; castor beans and castor oil;
chalk, English; chicle; cinchona bark; cobalt, in cathodes, rondelles,
or other primary ore and metal forms; colchicine alkaloid, raw; copra;
crane rail (85-pound per foot); cryolite, natural; dammar gum;
diamonds, industrial, stones and abrasives; emetine, bulk; ergot,
crude; erythrityl tetranitrate; goat hair canvas; goat and kidskins;
graphite, natural, crystalline, crucible grade; hand file sets (Swiss
pattern); handsewing needles; ipecac, root; iodine, crude; kauri gum;
lac; lavender oil; leather, sheepskin, hair type; manganese; menthol,
natural bulk; mica; microprocessor chips (brought onto a Government
construction site as separate units for incorporation into building
systems during construction or repair and alteration of real property);
nickel, primary, in ingots, pigs, shots, cathodes, or similar forms;
nickel oxide and nickel salts; nux vomica, crude; oiticica oil; olive
oil; olives (green), pitted or unpitted, or stuffed, in bulk; opium,
crude; petroleum, crude oil, unfinished oils, and finished products;
pine needle oil; platinum and related group metals, refined, as sponge,
powder, ingots, or cast bars; pyrethrum flowers; quebracho; quinidine;
quinine; rabbit fur felt; radium salts, source and special nuclear
materials; rosettes; santonin, crude; secretin; shellac; sugars, raw;
talc, block, steatite; tantalum; thread, metallic (gold); thyme oil;
triprolidine hydrochloride; tungsten; wax, carnauba; wire glass; woods,
logs, veneer, and lumber of the following species: Alaskan yellow
cedar, angelique, balsa, ekki, greenheart, lignum vitae, mahogany, and
teak; yarn, 50 Denier rayon; and yeast, active dry and instant active
dry.
There is no substantial evidence that there is a major increase in
the availability of the articles being deleted, but there is evidence
that there is capacity for many of the articles being removed. Review
of several publications such as periodicals from the United States
Geological Survey (USGS) shows that for many of these articles there is
some degree of domestic capacity. For example, according to the USGS,
the United States produces 43,000 metric tons of mica per year, and the
Economic Research Service of the U.S. Department of Agriculture reports
that the United States is one of the world's largest producers of raw
sugar. For additional discussion regarding the basis for removal of
these articles from the list, see section IV. of this proposed rule
preamble.
B. Proposed Protocols To Amend the List at FAR 25.104(a)
The rule proposes adding FAR language to implement the requirements
of section 9 of E.O. 14005 requiring consultation with the Secretary of
Commerce and the MIAO Director prior to any changes to the list at FAR
25.104(a). The proposed rule retains the current standard for inclusion
on the list, which is that domestic sources can only meet 50 percent or
less of total U.S. Government and nongovernment demand. See FAR
25.103(b)(1)(i). It also retains the requirement that the procuring
agency is responsible for conducting market research appropriate to the
circumstances, including seeking domestic sources before acquisition of
an article on the list. This applies to acquisition of an article as
either an end product or a significant component (valued at more than
50 percent of the value of all the components).
Finally, the class determination for articles on the list will
continue to be deemed inapplicable if the contracting officer learns at
any time before the time designated for receipt of bids in sealed
bidding or final offers in negotiated procurements that an article on
the list is available domestically in sufficient and reasonably
available commercial quantities of a satisfactory quality to meet the
requirements of the solicitation. See FAR 25.103(b)(1)(iii).
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT) and for Commercial Products (Including Commercially
Available Off-the-Shelf (COTS) Items), or for Commercial Services
This rule does not create new solicitation provisions or contract
clauses or impact any existing provisions or clauses.
IV. Expected Impact of the Rule
The proposed rule would substantially reduce the number of articles
on the list at FAR 25.104(a) that are presumed by regulation to be
nonavailable in the United States in sufficient and reasonably
available commercial quantities and of a satisfactory quality. Removal
of an article from the list means that if such articles are acquired by
the agency in the future, the agency may no longer presume the article
is not available domestically. Instead, the agency must submit a
proposed waiver to MIAO explaining the basis for concluding the article
is not available domestically, including the market research conducted
to find domestic sources, and post the proposed waiver on
<a href="http://MadeinAmerica.gov">MadeinAmerica.gov</a>. Over time, decreased reliance on regulatory waivers
and greater use of individual waivers that are reviewed centrally and
posted publicly should contribute to a more dynamic, diverse, and
competitive domestic industrial base. As a general matter, regulatory
waivers disincentivize domestic sourcing by signaling a lack of
confidence in its capacity to meet the Federal Government's current
demand or grow capacity to meet future demand. Use of individualized
waivers in lieu of regulatory waivers that are coordinated centrally
and posted for public awareness should encourage the type of ongoing,
proactive engagement with industry to understand supply chains and
market trends that is vital to strengthening domestic manufacturing and
reducing the need for waivers over time. As explained in OMB Memorandum
M-21-26 and the joint memorandum MIAO and OFPP issued on October 26,
2021, there are a number of strategic advantages to central review and
posting of waivers, including: the ability for MIAO and agencies to
share market research information and insight that might lead to the
identification of domestic sources in future acquisitions; the ability
for agencies to send a clear demand signal to industry of the Federal
Government's desire to reduce reliance on foreign-made items; the
ability for potential sources to see opportunities for new domestic
providers, and for existing domestic providers that may have been
overlooked to see if agencies may have missed market capabilities in
their market research; and the opportunity for MIAO to bring greater
consistency in use of waivers across the Government through its
feedback to agencies. The heightened transparency provided on
individual waivers can be especially beneficial in furthering both
contractor resilience by reducing transaction costs for potential
sellers and diversity by lowering a barrier to entry for small
businesses and new entrants to the Federal market that may struggle to
find work opportunities.
There are 109 articles currently subject to regulatory waiver. In
the past, DoD, GSA, and NASA have largely relied on public comment to
identify articles that should be removed from the list. For example, an
advance notice of proposed rulemaking was issued at 85 FR 28596 on May
13, 2020, seeking information that would assist in
[[Page 84508]]
identifying domestic capabilities and for evaluating whether some
articles on the list at FAR 25.104(a) should be removed because they
are now mined, produced, or manufactured in the United States in
sufficient and reasonably available commercial quantities and of a
satisfactory quality. While public input and insight remains an
important part of the review process, DoD, GSA, and NASA conducted a
proactive review of each article, in consultation with MIAO and OFPP,
to determine if the presumption of nonavailability remains appropriate.
This review will help to ensure the list more accurately reflects
market conditions and to avoid overlooking domestic capabilities.
Articles were identified as suitable for removal from the list if
one or more of the following criteria were met: (i) there is a
demonstrated domestic capacity to source the article; (ii) more limited
duration waivers with centralized management would provide important
insight into Government supply chains, including critical supply chains
with national or economic security implications; (iii) there is limited
Government demand for the article; or (iv) the articles are believed to
be obsolete.
Articles proposed for removal from the list based on an expectation
of sufficient and reasonably available commercial quantities include
petroleum, crude oil, unfinished oils, and finished products, as the
domestic crude oil capacity of the United States makes it the world's
largest producer of crude oil according to the U.S. Energy Information
Administration. Similarly, according to the USGS' Mineral Commodity
Summary for Cadmium in January 2024, the United States has demonstrated
a domestic capacity of cadmium that has allowed it to become a net
exporter of this metal. Talc, block, steatite is an additional article
for which, according to Mineral Commodities Summaries for 2024, the
United States domestic capacity was capable of meeting domestic demand.
The report indicated that the United States' net import reliance for
talc as a percentage of apparent consumption was six percent in 2023.
Other articles expected to meet this criterion include: beef, corned,
canned; beef extract; leather, sheepskin, hair type; sugars, raw; and
yeast, active dry and instant active dry.
Articles proposed for removal from the list based on the conclusion
that more limited duration waivers with centralized management would
provide important insight into Government supply chains include:
bauxite; cobalt, in cathodes, rondelles, or other primary ore and metal
forms; diamonds, industrial, stones and abrasives; goat hair canvas;
goat and kidskins; graphite, natural, crystalline, crucible grade;
iodine, crude; manganese; mica; microprocessor chips (brought onto a
Government construction site as separate units for incorporation into
building systems during construction or repair and alteration of real
property); nickel, primary, in ingots, pigs, shots, cathodes, or
similar forms, nickel oxide and nickel salts; olive oil; olives
(green), pitted or unpitted, or stuffed, in bulk; platinum and related
group metals, refined, as sponge, powder, ingots, or cast bars;
tantalum; and tungsten. Many of these articles fall within critical
supply chains that were prioritized for strengthening under E.O. 14017,
America's Supply Chains, for reasons of national or economic security.
Articles proposed for removal from the list because there is
limited Government demand for the article include: acetylene, black;
agar, bulk; chalk, English; anise; bephenium hydroxynaphthoate; calcium
cyanamide; castor beans and castor oil; chicle; cinchona bark;
colchicine alkaloid, raw; copra; crane rail (85-pound per foot);
cryolite, natural; dammar gum; emetine, bulk; ergot, crude; erythrityl
tetranitrate; hand file sets (Swiss pattern); handsewing needles; lac;
lavender oil; menthol, natural bulk; nux vomica, crude; oiticica oil;
opium, crude; pine needle oil; pyrethrum flowers; quebracho; quinidine;
quinine; rabbit fur felt; radium salts, source and special nuclear
materials; rosettes; secretin; shellac; thread, metallic (gold); thyme
oil; triprolidine hydrochloride; wax, carnauba; wire glass; woods,
logs, veneer, and lumber of the following species: Alaskan yellow
cedar, angelique, balsa, ekki, greenheart, lignum vitae, mahogany, and
teak; and yarn, 50 Denier rayon.
Articles proposed for removal from the list because they are
believed to be obsolete include asbestos, amosite, chrysotile, and
crocidolite; ipecac, root; kauri gum; and santonin, crude. The removal
of asbestos from the list meets the obsolescence criteria because of
the Environmental Protection Agency's ban on ongoing uses of asbestos.
In total, DoD, GSA, and NASA are proposing to remove 70 articles
from the list at FAR 25.104(a). This would reduce the existing list by
more than half.
The proposed rule provides these benefits at minimal cost to
Federal contractors or the Government. There should be no cost to
Federal contractors from the proposed reduction of articles on the
regulatory waiver list, as the transition to individual waivers should
increase transparency and reduce transaction costs associated with
finding domestic opportunities.
The proposed rule is expected to create only minimal additional
procurement costs to the Government due to the low amount of spend and
the low number of contract actions for the articles removed from the
list. In fiscal year (FY) 2023, the Federal contract spend for the
articles removed from the list was estimated to be under $150 million,
which represents less than 0.02 percent of the total Federal contract
spend for the same year. In FY 2023, the number of Federal contract
actions for the articles removed from the list was estimated to be
under 10,000 Federal contract actions, which represents less than 0.02
percent of the total number of Federal contract actions for the same
year. This data set excludes petroleum, crude oil, unfinished oils, and
finished products. For the under 10,000 Federal contract actions
estimated to be potentially impacted by the articles' removal from the
list, agencies will still be able to use preexisting procedures to seek
an individual waiver from MIAO. Additionally, for articles for which
market research shows domestic capability may not be sufficient for a
period of time and the agency has a need for repetitive purchases under
an indefinite-delivery contract, the agency may pursue a time-bound
multi-procurement waiver.
The potential procurement costs to the Government are reduced
further when considering the nature of some of the articles to be
removed. The articles removed include many items that are no longer
procured in significant amounts or are obsolete. It is estimated that
approximately half of the articles on the list have not been procured
in significant quantities in FY 2021 through FY 2023, are obsolete or
greatly reduced in their use (e.g., santonin), or are subject to
regulatory changes since they were added to the nonavailable articles
list (e.g., asbestos).
V. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 (as amended by E.O. 14094) and 13563
direct agencies to assess the costs and benefits of available
regulatory alternatives and, if regulation is necessary, to select
regulatory approaches that maximize net benefits (including potential
economic, environmental, public health and safety effects, distributive
impacts, and equity). E.O. 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting
[[Page 84509]]
flexibility. This is a significant regulatory action and, therefore,
was subject to review under Section 6(b) of E.O. 12866, Regulatory
Planning and Review, dated September 30, 1993.
VI. Regulatory Flexibility Act
DoD, GSA, and NASA do not expect this proposed rule, if finalized,
to have a significant economic impact on a substantial number of small
entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C.
601-612, because the rule is not implementing any requirements with
which small entities must comply. However, an Initial Regulatory
Flexibility Analysis (IRFA) has been performed and is summarized as
follows:
DoD, GSA, and NASA are proposing to amend the FAR to revise the
list of domestically nonavailable articles under the Buy American
statute and the protocols to amend the list.
The objective of this rule is to revise the list of nonavailable
articles at FAR 25.104(a). The rule also seeks to implement section
9 of E.O. 14005. Promulgation of the FAR is authorized by 40 U.S.C.
121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy
provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.
The proposed rule impacts all entities that do business with the
Federal Government, including the over 331,899 small business
registrants in the System for Award Management. However, DoD, GSA,
and NASA do not expect this proposed rule, if finalized, to have a
significant economic impact on a substantial number of small
entities because the rule is not implementing any requirements with
which small entities must comply. It is expected that this proposed
rule will encourage small businesses to take an interest in building
domestic manufacturing capabilities and capacity; this would be a
positive impact though not a substantial impact.
The proposed rule does not include additional, or change any
existing, reporting or recordkeeping requirements. The rule does not
duplicate, overlap, or conflict with any other Federal rules. There
are no available alternatives to the proposed rule to accomplish the
desired objective of E.O. 14005.
The Regulatory Secretariat Division has submitted a copy of the
IRFA to the Chief Counsel for Advocacy of the Small Business
Administration. A copy of the IRFA may be obtained from the Regulatory
Secretariat Division. DoD, GSA, and NASA invite comments from small
business concerns and other interested parties on the expected impact
of this proposed rule on small entities.
DoD, GSA, and NASA will also consider comments from small entities
concerning the existing regulations in subparts affected by the rule in
accordance with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S.C. 610 (FAR Case 2020-009),
in correspondence.
VII. Paperwork Reduction Act
This rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. 3501-3521).
List of Subjects in 48 CFR Part 25
Government procurement.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA propose amending 48 CFR part 25 as
set forth below:
0
1. The authority citation for 48 CFR part 25 continues to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C.
chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C.
20113.
PART 25--FOREIGN ACQUISITION
0
2. Revise section 25.104 to read as follows:
25.104 Nonavailable articles.
(a) The following articles have been determined to be nonavailable
in accordance with 25.103(b)(1)(i):
Antimony, as metal or oxide.
Bamboo shoots.
Bananas.
Bismuth.
Books, trade, text, technical, or scientific; newspapers;
pamphlets; magazines; periodicals; printed briefs and films; not
printed in the United States and for which domestic editions are not
available.
Brazil nuts, unroasted.
Capers.
Cashew nuts.
Chestnuts.
Chrome ore or chromite.
Cocoa beans.
Coconut and coconut meat, unsweetened, in shredded, desiccated, or
similarly prepared form.
Coffee, raw or green bean.
Cork, wood or bark and waste.
Cover glass, microscope slide.
Fair linen, altar.
Fibers of the following types: abaca, abace, agave, coir, flax,
jute, jute burlaps, palmyra, and sisal.
Grapefruit sections, canned.
Hemp yarn.
Hog bristles for brushes.
Hyoscine, bulk.
Modacrylic fiber.
Nitroguanidine (also known as picrite).
Oranges, mandarin, canned.
Pineapple, canned.
Quartz crystals.
Rubber, crude and latex (natural).
Rutile.
Silk, raw and unmanufactured.
Spare and replacement parts for equipment of foreign manufacture,
and for which domestic parts are not available.
Spices and herbs, in bulk.
Swords and scabbards.
Tapioca flour and cassava.
Tartar, crude; tartaric acid and cream of tartar in bulk.
Tea in bulk.
Tin in bars, blocks, and pigs.
Vanilla beans.
Venom, cobra.
Water chestnuts.
(b) To amend the list of nonavailable articles, an economic
analysis is required of relevant markets and available market research,
to determine whether there is a reasonable basis to conclude that the
article, material, or supply is not mined, produced, or manufactured in
the United States in sufficient and reasonably available commercial
quantities and of a satisfactory quality. This analysis will be
performed by the Director of the Office of Management and Budget (OMB),
through the Administrator of the Office of Federal Procurement Policy,
who will consult with the Secretary of Commerce and the Director of the
OMB's Made in America Office on any proposed changes. (Executive Order
14005 of January 25, 2021, Ensuring the Future Is Made in All of
America by All of America's Workers, Section 9).
(c) This list will be published in the Federal Register for public
comment no less frequently than once every five years. Unsolicited
recommendations for deletions from this list may be submitted at any
time and should provide sufficient data and rationale to permit
evaluation (see 1.502). An economic analysis as described in paragraph
(b) of this section will be used to support changes to the list.
[FR Doc. 2024-24395 Filed 10-22-24; 8:45 am]
BILLING CODE 6820-EP-P
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</html>Indexed from Federal Register on October 23, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.