[Federal Register Volume 68, Number 48 (Wednesday, March 12, 2003)]
[Rules and Regulations]
[Pages 11747-11748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5907]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 1825
RIN 2700-AC33
Trade Agreements Act--Exception for U.S.-Made End Products
AGENCY: National Aeronautics and Space Administration.
ACTION: Final rule.
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SUMMARY: This final rule adopts without change the proposed rule
published in the Federal Register (67 FR 68551) on November 12, 2002.
This final rule amends the NASA FAR Supplement (NFS) to implement the
determination of the Assistant Administrator for Procurement that, for
procurements subject to the Trade Agreements Act, it would be
inconsistent with the public interest to apply the Buy American Act for
U.S.-made end products that are substantially transformed in the United
States.
EFFECTIVE DATE: March 12, 2003.
FOR FURTHER INFORMATION CONTACT: Patrick Flynn, Code HK, (202) 358-
0460; e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
A. Background
On September 13, 2002, the Assistant Administrator for Procurement
[[Page 11748]]
determined that, for procurements subject to the Trade Agreements Act,
it would be inconsistent with the public interest to apply the Buy
American Act to U.S.-made end products that are substantially
transformed in the United Sates. The September 13, 2002, determination
is consistent with Federal Acquisition Regulation policy and the
Department of Defense policy with regard to the treatment of U.S.-made
end products. This final rule implements the September 13, 2002,
determination. This final rule will simplify evaluation of offers in
acquisitions subject to the Trade Agreements Act, because it will no
longer be necessary to determine if a U.S.-made end product is also a
domestic end product, i.e., the cost of domestic components exceeds the
cost of all components by more than 50 percent.
NASA published a proposed rule in the Federal Register (67 FR
68551) on November 12, 2002. Public comments were received from one
industry association. Comments received were supportive of the change.
This final rule adopts the proposed rule without change.
This final rule is not subject to Office of Management and Budget
review under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
NASA certifies that this final rule will not have a significant
economic impact on a substantial number of small business entities
under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.) because
NASA has few acquisitions subject to the Trade Agreements Act in which
small businesses proposing domestic end products have received a
percent price evaluation preference over offers of U.S.-made end
products for which the cost of foreign components exceeds the cost of
domestic components by 50 percent or more.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes do
not impose any new recordkeeping or information collection requirements
which require the approval of the Office of Management and Budget under
44 U.S.C. 3501, et seq. This final rule eliminates the requirement for
offerors to track and document the origin of components of U.S.-made
end products in acquisitions subject to the Trade Agreements Act in
order to comply with the FAR.
List of Subjects in 48 CFR Part 1825
Government procurement.
Tom Luedtke,
Assistant Administrator for Procurement.
Accordingly, 48 CFR part 1825 is amended as follows:
1. The authority citation for 48 CFR Part 1825 continues to read as
follows:
Authority: 42 U.S.C. 2473(c)(1).
PART 1825--FOREIGN ACQUISITION
1825.103 [Amended]
2. Amend section 1825.103 by adding paragraph (a)(iii) to read as
follows:
1825.103 Exceptions.
(a) * * *
(iii) The Assistant Administrator for Procurement has determined
that for procurements subject to the Trade Agreements Act, it would be
inconsistent with the public interest to apply the Buy American Act to
U.S.-made end products that are substantially transformed in the United
States.
3. Amend section 1825.1101 by adding paragraph (c)(1) to read as
follows:
1825.1101 Acquisition of supplies.
(c)(1) NASA has determined that the restrictions of the Buy
American Act are not applicable to U.S.-made end products.
* * * * *
[FR Doc. 03-5907 Filed 3-11-03; 8:45 am]
BILLING CODE 7510-01-P