Information Collection Requirement; Defense Federal Acquisition Regulation Supplement (DFARS) Part 225, Foreign Acquisition and Related Clauses
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Issuing agencies
Abstract
In compliance with the Paperwork Reduction Act of 1995, DoD announces the proposed extension of a public information collection requirement and seeks public comment on the provisions thereof. DoD invites comments on: whether the proposed collection of information is necessary for the proper performance of the functions of DoD, including whether the information will have practical utility; the accuracy of DoD's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology. The Office of Management and Budget (OMB) has approved this information collection for use under Control Number 0704-0229 through August 31, 2026. DoD proposes that OMB approve an extension of the information collection requirement, to expire three years after the approval date.
Full Text
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<title>Federal Register, Volume 91 Issue 103 (Friday, May 29, 2026)</title>
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[Federal Register Volume 91, Number 103 (Friday, May 29, 2026)]
[Notices]
[Pages 32014-32015]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10730]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
[Docket Number DARS-2026-0201; 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 and request for comments regarding a proposed extension
of an approved information collection requirement.
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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, DoD
announces the proposed extension of a public information collection
requirement and seeks public comment on the provisions thereof. DoD
invites comments on: whether the proposed collection of information is
necessary for the proper performance of the functions of DoD, including
whether the information will have practical utility; the accuracy of
DoD's estimate of the burden of the proposed information collection;
ways to enhance the quality, utility, and clarity of the information to
be collected; and ways to minimize the burden of the information
collection on respondents, including through the use of automated
collection techniques or other forms of information technology. The
Office of Management and Budget (OMB) has approved this information
collection for use under Control Number 0704-0229 through August 31,
2026. DoD proposes that OMB approve an extension of the information
collection requirement, to expire three years after the approval date.
DATES: DoD will consider all comments received by July 28, 2026.
ADDRESSES: You may submit comments, identified by OMB Control Number
0704-0229, using either of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for submitting comments.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#59362a3d773d3f382b2a193438303577343035"><span class="__cf_email__" data-cfemail="026d71662c6664637071426f636b6e2c6f6b6e">[email protected]</span></a>. Include OMB Control Number
0704-0229 in the subject line of the message.
Comments received generally will be posted without change to
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information
provided.
FOR FURTHER INFORMATION CONTACT: David Johnson, at 202-913-5764.
SUPPLEMENTARY INFORMATION:
[[Page 32015]]
Title and OMB Number: Defense Federal Acquisition Regulation
Supplement (DFARS) Part 225, Foreign Acquisition, and Related Clauses;
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: 10, approximately.
Annual Responses: 382,876.
Average Burden per Response: 0.28 hour, approximately.
Annual Burden Hours: 106,730.
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 industrial base; to ensure compliance
with U.S. trade agreements and memoranda of understanding that promote
reciprocal trade with the 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 at DFARS 252.225 as follows:
DFARS 252.225-7000, Buy American--Balance of Payments Program
Certificate, as prescribed in DFARS 225.1101(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 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
$750,000 for contracts that exceed $15 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)(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.
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)(i) and
(9)(v), requires separate listing of qualifying country (except
Canada), Free Trade Agreement (FTA) country, or other foreign end
products. Alternate I, as prescribed in 225.1101(9)(ii), requires
listing of qualifying country or other foreign end products. 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.
Kimberly R. Ziegler,
Editor/Publisher, Defense Acquisition Regulations System.
[FR Doc. 2026-10730 Filed 5-28-26; 8:45 am]
BILLING CODE 6001-FR-P
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