[Federal Register Volume 71, Number 207 (Thursday, October 26, 2006)]
[Rules and Regulations]
[Pages 62565-62566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17982]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 225
[DFARS Case 2005-D012]
RIN 0750-AF21
Defense Federal Acquisition Regulation Supplement; Foreign
Acquisition Procedures
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD has issued a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to delete text addressing
internal DoD procedures pertaining to foreign acquisition. This text
has been relocated to the DFARS companion resource, Procedures,
Guidance, and Information.
DATES: Effective Date: October 26, 2006.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0328;
facsimile (703) 602-0350. Please cite DFARS Case 2005-D012.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule deletes DFARS text addressing internal DoD
procedures in the following areas:
DFARS 225.871-4--Processing of requests for waiver under North Atlantic
Treaty Organization cooperative projects.
DFARS 225.7017-3--Preparation of determinations regarding award of a
contract for ballistic missile defense research, development, test, and
evaluation to a foreign source.
DFARS 225.7502--Application of the Balance of Payments Program to an
acquisition.
DFARS 225.7604--Processing of requests for waiver of foreign source
restrictions.
This text has been relocated to the DFARS companion resource,
Procedures, Guidance, and Information (PGI), available at http://www.acq.osd.mil/dpap/dars/pgi.
DoD published a proposed rule at 71 FR 3448 on January 23, 2006.
DoD received no comments on the proposed rule and has adopted the
proposed rule as a final rule. However, as a result of the final rule
published at 71 FR 39005 on July 11, 2006, which relocated DFARS
Subpart 225.6 to 225.76, the text that was designated in the January
23, 2006, proposed rule as DFARS 225.670-4 is now located at DFARS
225.7604.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD certifies 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 the rule addresses internal DoD procedural matters and makes no
significant change to DoD contracting policy.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply, because the rule does
not impose any information collection requirements that require the
approval of the Office of Management and Budget under 44 U.S.C. 3501,
et seq.
List of Subjects in 48 CFR Part 225
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
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Therefore, 48 CFR part 225 is amended as follows:
PART 225--FOREIGN ACQUISITION
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1. The authority citation for 48 CFR part 225 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
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2. Section 225.871-4 is amended by revising paragraph (c) to read as
follows:
225.871-4 Statutory waivers.
* * * * *
(c) To request a waiver under a cooperative project, follow the
procedures at PGI 225.871-4.
* * * * *
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3. Section 225.7017-3 is amended by revising paragraph (b) to read as
follows:
225.7017-3 Exceptions.
* * * * *
(b) If the head of the contracting activity certifies in writing,
before contract award, that a U.S. firm cannot competently perform a
contract for RDT&E at a price equal to or less than the price at which
a foreign government or firm would perform the RDT&E. The contracting
officer or source selection authority, as applicable, shall make a
determination, in accordance with PGI
[[Page 62566]]
225.7017-3(b), that will be the basis for the certification.
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4. Section 225.7502 is revised to read as follows:
225.7502 Procedures.
If the Balance of Payments Program applies to the acquisition,
follow the procedures at PGI 225.7502.
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5. Section 225.7604 is revised to read as follows:
225.7604 Waivers.
The Secretary of Defense may waive this restriction on the basis of
national security interests. To request a waiver, follow the procedures
at PGI 225.7604.
[FR Doc. E6-17982 Filed 10-25-06; 8:45 am]
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