[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)]
[Proposed Rules]
[Page 32636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13522]
[[Page 32635]]
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Part IV
Department of Defense
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Defense Acquisition Regulations System
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48 CFR Part 216, 217, 225, et al.
Defense Federal Acquisition Regulation Supplements; Proposed Rules and
Rules
Federal Register / Vol. 75 , No. 109 / Tuesday, June 8, 2010 /
Proposed Rules
[[Page 32636]]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 252
RIN 0750-AG60
Defense Acquisition Regulations System; Defense Federal
Acquisition Regulation Supplement; Balance of Payments Program
Exemption for Commercial Information Technology--Construction Material
(DFARS Case 2009-D041)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule with request for comments.
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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to implement the exemption from the
Balance of Payments Program for construction material that is
commercial information technology.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before August 9, 2010, to be considered
in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2009-D041,
using any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: [email protected]. Include DFARS Case 2009-D041 in the subject
line of the message.
Fax: (703) 602-0350.
Mail: Defense Acquisition Regulations System, Attn: Ms. Amy
Williams, OUSD(AT&L)DPAP(DARS), 3060 Defense Pentagon, Room 3B855,
Washington, DC 20301-3060.
Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, 703-602-0328.
SUPPLEMENTARY INFORMATION:
A. Background
DoD is proposing to amend the DFARS to implement in the clauses at
252.225-7044, Balance of Payments Program--Construction Material, and
252.225-7045, Balance of Payments Program--Construction Material under
Trade Agreements, the exemption from the Balance of Payments Program
for construction material that is commercial information technology.
This exemption was added to the policy at DFARS 225.7501(a)(2)(vi)
under FAR Case 2005-D011, to correspond to the exemption from the Buy
American Act provided in annual appropriations acts since fiscal year
2004, because the Balance of Payments Program is an extension of the
requirements of the Buy American Act to supplies or construction
material to be used overseas. However, although the policy stated that
it could apply to supplies or construction material, it was only
implemented with regard to acquisition of supplies. This rule proposes
to make the Balance of Payments Program construction clauses consistent
with the stated policy.
This rule was subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD does not expect this rule 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, et seq., because this rule
does not impose economic burdens on contractors. The purpose and effect
of this rule is to clarify the use of several terms. Therefore, DoD has
not performed an initial regulatory flexibility analysis. DoD invites
comments from small business concerns and other interested parties on
the expected impact of this rule on small entities.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 610 (DFARS Case 2009-D041) in
correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act (Pub. L. 104-13) does not apply because
the proposed rule contains no information collection requirements.
List of Subjects in 48 CFR Part 252
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR part 252 as follows:
1. The authority citation for 48 CFR part 252 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
2. Amend section 252.225-7044 by revising the clause date,
redesignating paragraph (b)(2) as paragraph (b)(3), and adding new
paragraph (b)(2) to read as follows:
252.225-7044 Balance of Payments Program--Construction Material.
* * * * *
BALANCE OF PAYMENTS PROGRAM--CONSTRUCTION MATERIAL (DATE)
* * * * *
(b) * * *
(2) Information technology that is a commercial item; or
* * * * *
3. Amend section 252.225-7045 by revising the clause date;
redesignating paragraph (c)(2) as paragraph (c)(3); adding new
paragraph (c)(2); revising the date of ALTERNATE I; redesignating
paragraph (c)(2) of ALTERNATE I as paragraph (c)(3); and adding new
paragraph (c)(2) to ALTERNATE I to read as follows:
252.225-7045 Balance of Payments Program--Construction Material
Under Trade Agreements.
* * * * *
BALANCE OF PAYMENTS PROGRAM--CONSTRUCTION MATERIAL UNDER TRADE
AGREEMENTS (DATE)
* * * * *
(c) * * *
(2) Information technology that is a commercial item; or
* * * * *
ALTERNATE I (DATE). * * *
* * * * *
(c) * * *
(2) Information technology that is a commercial item; or
* * * * *
[FR Doc. 2010-13522 Filed 6-7-10; 8:45 am]
BILLING CODE 5001-08-P