[Federal Register: August 17, 2007 (Volume 72, Number 159)]
[Rules and Regulations]
[Page 46326-46327]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17au07-19]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1, 25, and 52
[FAC 2005-19; FAR Case 2005-034; Item I; Docket 2006-0020; Sequence 9]
RIN 9000-AK52
Federal Acquisition Regulation; FAR Case 2005-034, Reporting of
Purchases from Overseas Sources
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed to adopt as a
final rule with changes the interim rule published in the Federal
Register at 71 FR 57375, September 28, 2006. This final rule implements
41 U.S.C. 10a, Buy American Act, as amended by Section 8306 of Public
Law 110-28.
DATES: Effective Date: August 17, 2007.
FOR FURTHER INFORMATION CONTACT: Contact Ms. Meredith Murphy,
Procurement Analyst, at (202) 208-6925, for clarification of content.
For information pertaining to status or publication schedules, contact
the FAR Secretariat at (202) 501-4755. Please cite FAC 2005-19, FAR
case 2005-034.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule implements 41 U.S.C. 10a, which requires the head
of each Federal agency to submit a report to Congress relating to
acquisitions of articles, materials, or supplies that are manufactured
outside the United States. The provision at 52.225-18 requests from
offerors necessary data regarding place of manufacture.
DoD, GSA, and NASA published an interim rule in the Federal
Register at 71 FR 57375, September 28, 2006. The 60-day comment period
on the interim rule ended on November 27, 2006. The Councils received
one public comment.
Comment: The respondent did not suggest any changes to the interim
rule. Rather, the comment related to a statement in the Federal
Register notice that the amendment is mandatory for solicitations
issued and contracts awarded on or after October 1, 2006. The
respondent considers this statement to be incorrect because the interim
rule prescribes only a solicitation provision, which is to be
incorporated in solicitations, not contracts.
Response: The Federal Register notice states that the amendment is
mandatory for solicitations issued and contracts awarded on or after
October 1, 2006. The respondent is correct that the solicitation
provision is used only in solicitations, not contracts. However, other
aspects of the interim rule are applicable to contracts. The
contracting officer is required to enter into the FPDS data on all
contracts awarded on or after October 1, 2006, even if the solicitation
did not include the new FAR provision at 52.225-18, Place of
Manufacture.
Section 8306 of the U.S. Troop Readiness, Veterans' Care, Katrina
Recovery, and Iraq Accountability Appropriations Act, 2007 (Pub. L.
110-28), signed on May 25, 2007, amended the Buy American Act (41
U.S.C. 10a) to include an agency reporting requirement for acquisition
of articles manufactured outside the United States. Therefore, the
statutory citation at FAR 25.004(a) is amended in this final rule to
cite 41 U.S.C. 10a rather than Section 837 of Division A of the
Transportation, Treasury, Housing and Urban Development, the Judiciary,
the District of Columbia, and Independent Agencies Appropriations Act,
2006 (Pub.L. 109-115) and similar sections in subsequent appropriations
acts.
As a conforming amendment, it is necessary to include the new
Office of Management and Budget (OMB) Control Number in FAR 1.106. In
addition, a technical correction deletes OMB Control Number 9000-0023
as a control number associated with FAR clause 52.225-2, because
52.225-2 no longer implements the Balance of Payments Program and OMB
Control Number 9000-0023 has expired.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
DoD, GSA, and NASA certify that this final rule will not 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, et
seq., because this final rule does not change the rules for buying, it
only amends the statutory citation and finalizes an information
collection requirement. It does not have a significant economic impact
to ask offerors of manufactured end products
[[Page 46327]]
to check off a box to indicate whether products offered to the Federal
Government are predominantly manufactured in the United States or
outside the United States. The offeror is not even required to identify
the country of manufacture if the product is manufactured outside the
United States. No comments were received with regard to impact on small
entities.
C. Paperwork Reduction Act
The Paperwork Reduction Act does apply; however, these changes to
the FAR do not impose additional information collection requirements to
the paperwork burden previously approved under OMB Control Number 9000-
0161.
The FAR Secretariat obtained an emergency approval of the new
information collection requirement, estimated at 38,146 hours, under
OMB Control Number 9000-0161, FAR Case 2005-034, Reporting of Overseas
Purchases, from OMB under 44 U.S.C. 3501, et seq. An estimated burden
of 38,146 hours was granted temporary approval under OMB Control Number
9000-0161. We received no comments regarding the estimated burden
hours.
List of Subjects in 48 CFR Parts 1, 25 and 5
Government procurement.
Dated: July 30, 2007.
Al Matera,
Acting Director, Contract Policy Division.
Interim Rule Adopted as Final With Changes
0
Accordingly, the interim rule amending 48 CFR parts 25 and 52 which was
published at 71 FR 57375, September 28, 2006, is adopted as a final
rule with changes.
0
1. The authority citation for 48 CFR parts 1, 25, and 52 continues to
read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM
1.106 [Amended]
0
2. Amend section 1.106 by removing from FAR Segment 52.225-2 ``9000-
0023 and'' and by adding, in numerical order, new FAR Segment ``52.225-
18'' with OMB Control Number ``9000-0161.''
PART 25--FOREIGN ACQUISITION
0
3. Amend section 25.004 by revising paragraph (a) to read as follows:
25.004 Reporting of acquisition of end products manufactured outside
the United States.
(a) In accordance with the requirements of 41 U.S.C. 10a, the head
of each Federal agency must submit a report to Congress on the amount
of the acquisitions made by the agency from entities that manufacture
end products outside the United States in that fiscal year.
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[FR Doc. 07-3808 Filed 8-16-07; 8:45 am]
BILLING CODE 6820-EP-S