Defense Federal Acquisition Regulation Supplement; Geographic Use of the Term “United States”, 35543-35549 [05-12100]
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Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Rules and Regulations
exempt from the requirements of the
Regulatory Flexibility Act because final
or modified BFEs are required by the
Flood Disaster Protection Act of 1973,
42 U.S.C. 4104, and are required to
establish and maintain community
eligibility in the NFIP. No regulatory
flexibility analysis has been prepared.
Regulatory Classification. This final
rule is not a significant regulatory action
under the criteria of Section 3(f) of
Executive Order 12866 of September 30,
1993, Regulatory Planning and Review,
58 FR 51735.
Executive Order 12612, Federalism.
This rule involves no policies that have
federalism implications under Executive
Order 12612, Federalism, dated October
26, 1987.
Executive Order 12778, Civil Justice
Reform. This rule meets the applicable
standards of Section 2(b)(2) of Executive
Order 12778.
Source of flooding and location
Maps available for inspection
at the Collier County Administrative Building, 3301
Tamiami Trail, Naples, Florida.
———
Everglades (City), Collier
County (FEMA Docket No.
D–7524)
Gulf of Mexico:
At the intersection of Jasmine Street and Storter
Avenue ..............................
At the intersection of Evergreen Street and Copeland
Avenue ..............................
At end of Airport Road,
where it meets Everglade
Airport ................................
At intersection of Begonia
Street and Buckner Avenue .....................................
Maps available for inspection
at the Everglades City Hall,
102 Broadway, Everglades,
Florida.
———
Marco Island (City), Collier
County (FEMA Docket No.
D–7524)
List of Subjects in 44 CFR Part 67
Administrative practice and
procedure, Flood insurance, Reporting
and recordkeeping requirements.
I Accordingly, 44 CFR part 67 is
amended as follows:
PART 67—[AMENDED]
1. The authority citation for part 67
continues to read as follows:
I
Gulf of Mexico:
At intersection of Crescent
Street and Thrush Court ...
At the intersection of Honduras Avenue and Stillwater Court ........................
Approximately 2,000 feet
west of the intersection of
Huron Court and Swallow
Avenue ..............................
Approximately 900 feet
southwest of intersection of
South Barfield Drive and
Heights Court ....................
Maps available for inspection
at the Marco Island City Hall,
50 Bald Eagle Drive, Marco
Island, Florida.
———
Naples (City), Collier County
(FEMA Docket No. D–7524)
Gulf of Mexico:
Approximately 600 feet west
of intersection of Yucca
Road and Gulf Shore Boulevard North .......................
At the intersection of Gordon
Drive and Champney Bay
Court ..................................
At the intersection of Yucca
Road and Banyan Boulevard ....................................
Maps available for inspection
at the Naples City Hall, 735
8th Street South, Naples,
Florida.
Authority: 42 U.S.C. 4001 et seq.;
Reorganization Plan No. 3 of 1978, 3 CFR,
1978 Comp., p. 329; E.O. 12127, 44 FR 19367,
3 CFR, 1979 Comp., p. 376.
§ 67.11
[Amended]
2. The tables published under the
authority of § 67.11 are amended as
follows:
I
#Depth in
feet above
ground.
*Elevation
in feet
(NGVD)
•Elevation
in feet
(NAVD)
Source of flooding and location
Florida
Collier County (Unincorporated Areas) (FEMA
Docket No. D–7524)
Gulf of Mexico:
Approximately 300 feet west
of the intersection of Commerce Street and Gulf
Shore Drive .......................
At the intersection of Seagull
Avenue and Vanderbilt
Drive ..................................
Approximately 800 feet
southwest of the intersection of Glendale Avenue
and Venetian Way .............
At the intersection of Guava
Drive and Coconut Circle
South .................................
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•18
•13
•13
•6
#Depth in
feet above
ground.
*Elevation
in feet
(NGVD)
•Elevation
in feet
(NAVD)
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Dated: June 14, 2005.
David I. Maurstad,
Acting Director, Mitigation Division,
Emergency Preparedness and Response
Directorate.
[FR Doc. 05–12170 Filed 6–20–05; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF DEFENSE
48 CFR Parts 204, 208, 209, 212, 213,
215, 217, 219, 222, 223, 225, 227, 233,
235, 236, 237, 242, 247, 252, and 253
and Appendix F to Chapter 2
[DFARS Case 2001–D003]
•8
•7
•10
•7
•8
•7
•10
•16
•16
•13
•10
(Catalog of Federal Domestic Assistance No.
83.100, ‘‘Flood Insurance.’’)
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35543
Defense Federal Acquisition
Regulation Supplement; Geographic
Use of the Term ‘‘United States’’
Department of Defense (DoD).
Final rule.
AGENCY:
ACTION:
SUMMARY: DoD is amending the Defense
Federal Acquisition Regulation
Supplement (DFARS) to standardize the
use of the term ‘‘United States’’ and
associated geographic terms, in
accordance with definitions found in
the Federal Acquisition Regulation.
EFFECTIVE DATE: June 21, 2005.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Williams, Defense Acquisition
Regulations Council, OUSD (AT&L)
DPAP (DAR), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301–3062.
Telephone (703) 602–0328; facsimile
(703) 602–0350. Please cite DFARS Case
2001–D003.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule amends the DFARS to
standardize the use of geographic terms,
for consistency with the definitions of
the following terms found in section
2.101 of the Federal Acquisition
Regulation: ‘‘United States’’;
‘‘contiguous United States’’; ‘‘customs
territory of the United States’’; and
‘‘outlying areas’’.
DoD published a proposed rule at 69
FR 65121 on November 10, 2004. DoD
received no comments on the proposed
rule. DoD has adopted the proposed rule
as a final rule, with the following
exceptions:
Æ The proposed changes to DFARS
204.670–1 and 253.204–70 are not
included in the final rule. These
changes will be addressed in a separate
DFARS case relating to the DD Form
350, Individual Contracting Action
Report.
Æ The proposed change to DFARS
236.602–1(a)(i)(6)(A)(2) is not included
in the final rule. This text was removed
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from the DFARS in the final rule
published at 69 FR 75000 on December
15, 2004.
Æ The proposed revision to the clause
at DFARS 252.225–7039, Restriction on
Acquisition of Totally Enclosed Lifeboat
Survival Systems, is not included in the
final rule. This clause was proposed for
deletion in the proposed rule published
at 70 FR 14628 on March 23, 2005.
Æ The final rule includes technical
amendments at DFARS 247.571 to
update cross-references.
Æ The final rule includes changes to
the clause at DFARS 252.212–7001,
Contract Terms and Conditions
Required to Implement Statutes or
Executive Orders Applicable to Defense
Acquisitions of Commercial Items, to
update referenced clause dates.
Æ The final rule reflects the revisions
to DFARS 252.225–7003 and 252.225–
7004, and the addition of DFARS
252.225–7006, included in the final rule
published at 70 FR 20838 on April 22,
2005.
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 standardizes DFARS
terminology, but makes no substantive
change to 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 Parts 204,
208, 209, 212, 213, 215, 217, 219, 222,
223, 225, 227, 233, 235, 236, 237, 242,
247, 252, and 253
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
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PART 204—ADMINISTRATIVE
MATTERS
2. Section 204.904 is amended by
revising paragraph (1)(v) to read as
follows:
I
204.904 Reporting payment information to
the IRS.
(1) * * *
(v) Any contract with a State, the
District of Columbia, or an outlying area
of the United States; or a political
subdivision, agency, or instrumentality
of any of the foregoing;
*
*
*
*
*
PART 208—REQUIRED SOURCES OF
SUPPLIES AND SERVICES
offers in accordance with the criterion at
247.301–71.
*
*
*
*
*
PART 213—SIMPLIFIED ACQUISITION
PROCEDURES
6. Section 213.270 is amended by
revising paragraph (c)(1) to read as
follows:
I
213.270 Use of the Governmentwide
commercial purchase card.
*
*
*
*
*
(c) * * *
(1) The place of performance is
entirely outside the United States and
its outlying areas.
*
*
*
*
*
I 7. Section 213.307 is amended in
paragraph (b)(i)(B)(2) by revising the first
sentence to read as follows:
3. Section 208.7002 is amended by
213.307 Forms.
revising paragraph (a)(3) and paragraph
*
*
*
*
(a)(4) introductory text to read as follows: *
(b)(i) * * *
208.7002 Assignment authority.
(B) * * *
(2) Classified acquisitions when the
(a) * * *
purchase is made within the United
(3) Outside the contiguous United
States, by the Unified Commanders; and States or its outlying areas. * * *
(4) For acquisitions to be made in the
*
*
*
*
*
contiguous United States for
PART 215—CONTRACTING BY
commodities not assigned under
NEGOTIATION
paragraphs (a)(1), (2), or (3) of this
section, by agreement of agency heads
I 8. Section 215.404–76 is amended by
(10 U.S.C. 2311).
revising paragraph (d) to read as follows:
*
*
*
*
*
I
215.404–76
statistics.
PART 209—CONTRACTOR
QUALIFICATIONS
209.406–2
Causes for debarment.
(a) Any person shall be considered for
debarment if criminally convicted of
intentionally affixing a label bearing a
‘‘Made in America’’ inscription to any
product sold in or shipped to the United
States or its outlying areas that was not
made in the United States or its outlying
areas (10 U.S.C. 2410f).
*
*
*
*
*
5. Section 212.602 is amended by
revising paragraph (b)(ii) to read as
follows:
I
212.602
Streamlined evaluation of offers.
(b) * * *
(ii) For the acquisition of
transportation in supply contracts that
will include a significant requirement
for transportation of items outside the
contiguous United States, also evaluate
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Reporting profit and fee
*
4. Section 209.406–2 is amended by
revising paragraph (a) introductory text
to read as follows:
I
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
Therefore, 48 CFR Parts 204, 208, 209,
212, 213, 215, 217, 219, 222, 223, 225,
227, 233, 235, 236, 237, 242, 247, 252,
and 253 and Appendix F to Chapter 2 are
amended as follows:
I 1. The authority citation for 48 CFR
Parts 204, 208, 209, 212, 213, 215, 217,
219, 222, 223, 225, 227, 233, 235, 236,
237, 242, 247, 252, and 253 and
Appendix F to subchapter I continues to
read as follows:
I
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
*
*
*
*
(d) Contracting offices outside the
United States and its outlying areas are
exempt from reporting.
*
*
*
*
*
PART 217—SPECIAL CONTRACTING
METHODS
9. Section 217.7005 is revised to read
as follows:
I
217.7005
Solicitation provision.
Use the provision at 252.217–7002,
Offering Property for Exchange, when
offering nonexcess personal property for
exchange. Allow a minimum of 14
calendar days for the inspection period
in paragraph (b) of the clause if the
exchange property is in the contiguous
United States. Allow at least 21 calendar
days outside the contiguous United
States.
I 10. Section 217.7102 is amended as
follows:
I a. By revising paragraph (a)
introductory text;
I b. In paragraph (a)(2), in the first
sentence, by removing ‘‘Which possess’’
and adding in its place ‘‘Possess’’; and
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223.570–4
c. By revising paragraph (b). The
revised text reads as follows:
I
217.7102
General.
(a) Activities shall enter into master
agreements for repair and alteration of
vessels with all prospective contractors
located within the United States or its
outlying areas, which—
*
*
*
*
*
(b) Activities may use master
agreements in work with prospective
contractors located outside the United
States and its outlying areas.
*
*
*
*
*
I 11. Section 217.7103–3 is amended by
revising paragraph (a) introductory text
to read as follows:
217.7103–3
Contract clause.
*
Solicitations for job orders.
(a) When a requirement arises within
the United States or its outlying areas
for the type of work covered by the
master agreement, solicit offers from
prospective contractors that—
*
*
*
*
*
*
*
*
*
(b) * * *
(2) When performance or partial
performance will be outside the United
States and its outlying areas, unless the
contracting officer determines such
inclusion to be in the best interest of the
Government; or
*
*
*
*
*
PART 225—FOREIGN ACQUISITION
15. Section 225.7014 is revised to read
as follows:
I
225.7014 Restriction on overseas military
construction.
For restriction on award of military
construction contracts to be performed
in the United States outlying areas in
the Pacific and on Kwajalein Atoll, or in
countries bordering the Arabian Gulf,
see 236.274(a).
PART 227—PATENTS, DATA, AND
COPYRIGHTS
227.7103–17
PART 219—SMALL BUSINESS
PROGRAMS
[Amended]
12. Section 219.800 is amended in
paragraph (a) by revising the fourth
sentence to read as follows:
16. Section 227.7103–17 is amended in
paragraph (b) in the second sentence,
and in paragraph (c), by removing
‘‘possessions’’ and adding in its place
‘‘outlying areas’’.
219.800
227.7203–17
I
I
General.
(a) * * * Consistent with the
provisions of this subpart, this authority
is hereby redelegated to DoD contracting
officers within the United States or its
outlying areas, to the extent that it is
consistent with any dollar or other
restrictions established in individual
warrants. * * *
*
*
*
*
*
PART 222—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITIONS
13. Section 222.7201 is amended by
revising paragraph (a) to read as follows:
I
222.7201
Contract clauses.
(a) Use the clause at 252.222–7002,
Compliance with Local Labor Laws
(Overseas), in solicitations and contracts
for services or construction to be
performed outside the United States and
its outlying areas.
*
*
*
*
*
14. Section 223.570–4 is amended by
revising paragraph (b)(2) to read as
follows:
I
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17. Section 227.7203–17 is amended in
paragraph (b) in the second sentence,
and in paragraph (c), by removing
‘‘possessions’’ and adding in its place
‘‘outlying areas’’.
I
PART 233—PROTESTS, DISPUTES,
AND APPEALS
18. Section 233.215–70 is revised to
read as follows:
I
233.215–70
Additional contract clause.
Use the clause at 252.233–7001,
Choice of Law (Overseas), in
solicitations and contracts when
contract performance will be outside the
United States and its outlying areas,
unless otherwise provided for in a
government-to-government agreement.
PART 235—RESEARCH AND
DEVELOPMENT CONTRACTING
19. Section 235.071 is amended by
revising paragraph (a) to read as follows:
I
235.071
PART 223—ENVIRONMENT,
CONSERVATION, OCCUPATIONAL
SAFETY, AND DRUG-FREE
WORKPLACE
[Amended]
Additional contract clauses.
(a) Use the clause at 252.235–7002,
Animal Welfare, or one substantially the
same, in solicitations and contracts
awarded in the United States or its
outlying areas involving research on live
vertebrate animals.
*
*
*
*
*
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35545
PART 236—CONSTRUCTION AND
ARCHITECT-ENGINEER CONTRACTS
236.274
[Amended]
20. Section 236.274 is amended in
paragraph (a) introductory text by
removing ‘‘territories and possessions’’
and adding in its place ‘‘outlying areas’’.
I
236.570
[Amended]
21. Section 236.570 is amended in
paragraph (c)(1) by removing ‘‘territory
or possession’’ and adding in its place
‘‘outlying area’’.
I
PART 237—SERVICE CONTRACTING
22. Section 237.102–70 is amended by
revising paragraph (a)(1) to read as
follows:
I
237.102–70 Prohibition on contracting for
firefighting or security-guard functions.
(a) * * *
(1) The contract is to be carried out at
a location outside the United States and
its outlying areas at which members of
the armed forces would have to be used
for the performance of firefighting or
security-guard functions at the expense
of unit readiness;
*
*
*
*
*
I 23. Section 237.7301 is amended by
revising paragraph (a)(1) to read as
follows:
237.7301
Definitions.
*
*
*
*
*
(a) * * *
(1) Is located in the United States or
its outlying areas;
*
*
*
*
*
PART 242—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
24. Section 242.1402 is amended by
revising the section heading to read as
follows:
I
242.1402 Volume movements within the
contiguous United States.
*
*
*
*
*
PART 247—TRANSPORTATION
25. Section 247.571 is amended as
follows:
I a. In paragraphs (a)(1), (2), and (3), by
removing ‘‘247.572–1(d)’’ and adding in
its place ‘‘247.572–1(c)’’; and
I b. By revising paragraph (c)(1)
introductory text to read as follows:
I
247.571
Policy.
*
*
*
*
*
(c)(1) Any vessel used under a time
charter contract for the transportation of
supplies under this section shall have
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any reflagging or repair work, as defined
in the clause at 252.247–7025,
Reflagging or Repair Work, performed in
the United States or its outlying areas,
if the reflagging or repair work is
performed—
*
*
*
*
*
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
Disclosure of Ownership or Control by
a Foreign Government
*
(JUN 2005)
(a) * * *
(3) Foreign government includes the
state and the government of any country
(other than the United States and its
outlying areas) as well as any political
subdivision, agency, or instrumentality
thereof.
*
*
*
*
*
26. Section 252.209–7002 is amended
by revising the clause date and paragraph I 27. Section 252.212–7000 is amended
as follows:
(a)(3) to read as follows:
I a. By revising the clause date to read
252.209–7002 Disclosure of ownership or
‘‘(JUN 2005)’’;
control by a foreign government.
I b. By redesignating paragraph (a)(2) as
*
*
*
*
*
paragraph (a)(3); and
I c. By adding a new paragraph (a)(2) to
read as follows:
I
lll
lll
lll
lll
lll
252.225–7001
252.225–7012
252.225–7014
252.225–7015
252.225–7016
lll
lll
lll
lll
252.225–7021
252.225–7027
252.225–7028
252.225–7036
lll
252.225–7038
(8) United States means the 50 States,
*
*
*
*
the District of Columbia, and outlying
I 29. Section 252.225–7000 is amended
by revising the clause date and paragraph areas.
*
*
*
*
*
(a) to read as follows:
I 31. Section 252.225–7003 is amended
252.225–7000 Buy American Act—Balance as follows:
of Payments Program Certificate.
I a. By revising the clause date to read
*
*
*
*
*
‘‘(JUN 2005)’’;
I b. By redesignating paragraphs (a)
Buy American Act—Balance of
through (d) as paragraphs (b) through (e)
Payments Program Certificate
respectively; and
(JUN 2005)
I c. By adding a new paragraph (a) to
(a) Definitions. Domestic end product, read as follows:
foreign end product, qualifying country,
qualifying country end product, and
United States have the meanings given
in the Buy American Act and Balance of
Payments Program clause of this
solicitation.
*
*
*
*
*
I 30. Section 252.225–7001 is amended
by revising the clause date and adding
paragraph (a)(8) to read as follows:
252.225–7001 Buy American Act and
Balance of Payments Program.
*
*
*
*
Buy American Act and Balance of
Payments Program (JUN 2005)
(a) * * *
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*
*
*
*
(a) * * *
(2) United States means the 50 States,
the District of Columbia, outlying areas,
and the outer Continental Shelf as
defined in 43 U.S.C. 1331.
*
*
*
*
*
I 28. Section 252.212–7001 is amended
as follows:
I a. By revising the clause date to read
‘‘(JUN 2005)’’; and
I b. In paragraph (b) by revising entries
‘‘252.225–7001’’ through ‘‘252.225–
7038’’ to read as follows:
252.212–7001 Contract Terms and
Conditions required to implement statutes
or executive orders applicable to defense
acquisitions of commercial items.
*
*
*
(b) * * *
*
*
Buy American Act and Balance of Payments Program (JUN 2005) (41 U.S.C. 10a–10d, E.O. 10582).
Preference for Certain Domestic Commodities (JUN 2004) (10 U.S.C. 2533a).
Preference for Domestic Specialty Metals (JUN 2005) (10 U.S.C. 2533a).
Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C. 2533a).
Restriction on Acquisition of Ball and Roller Bearings (JUN 2005) (lllAlternate I) (APR 2003) (10 U.S.C.
2534 and Section 8099 of Public Law 104–61 and similar sections in subsequent DoD appropriations acts).
Trade Agreements (JUN 2005) (19 U.S.C. 2501–2518 and 19 U.S.C. 3301 note).
Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779).
Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755).
Buy American Act—Free Trade Agreements—Balance of Payments Program (JUN 2005) (lllAlternate I)
(JAN 2005) (41 U.S.C. 10a–10d and 19 U.S.C. 3301 note).
Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C. 2534(a)(3)).
*
*
252.212–7000 Offeror representations and
certifications—Commercial Items.
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252.225–7003 Report of intended
performance outside the United States and
Canada—Submission with offer.
*
*
*
*
*
(a) Definition. United States, as used
in this provision, means the 50 States,
the District of Columbia, and outlying
areas.
*
*
*
*
*
I 32. Section 252.225–7004 is amended
as follows:
I a. By revising the clause date to read
‘‘(JUN 2005)’’;
I b. By redesignating paragraphs (a)
through (c) as paragraphs (b) through (d)
respectively; and
I c. By adding a new paragraph (a) to
read as follows:
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252.225–7004 Report of intended
performance outside the United States and
Canada—Submission after award.
*
*
*
*
*
(a) Definition. United States, as used
in this clause, means the 50 States, the
District of Columbia, and outlying areas.
*
*
*
*
*
I 33. Section 252.225–7005 is amended
as follows:
I a. By revising the clause date to read
‘‘(JUN 2005)’’;
I b. By redesignating paragraphs (a)
through (c) as paragraphs (b) through (d)
respectively;
I c. In newly designated paragraph
(c)(3)(iv) by removing ‘‘(b)’’ and adding
‘‘(c)’’ in its place; and
I d. By adding a new paragraph (a) to
read as follows:
252.225–7005 Identification of
expenditures in the United States.
*
*
*
*
*
(a) Definition. United States, as used
in this clause, means the 50 States, the
District of Columbia, and outlying areas.
*
*
*
*
*
I 34. Section 252.225–7006 is amended
as follows:
I a. By revising the clause date to read
‘‘(JUN 2005)’’;
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b. By redesignating paragraphs (a)
through (e) as paragraphs (b) through (f)
respectively;
I c. In newly designated paragraph (b),
in the introductory text, by removing
‘‘paragraph (b)’’ and adding in its place
‘‘paragraph (c)’’;
I d. In newly designated paragraph
(f)(3), by removing ‘‘(a) through (d)’’ and
adding in its place ‘‘(b) through (e)’’; and
I e. By adding a new paragraph (a) to
read as follows:
(ACO) in writing of any purchase of
eligible products or qualifying country
supplies to be accorded duty-free entry,
that are to be imported into the customs
territory of the United States for
delivery to the Government or for
incorporation in end items to be
delivered to the Government. * * *
*
*
*
*
*
I 37. Section 252.225–7014 is amended
by revising the clause date and paragraph
(b) to read as follows:
252.225–7006 Quarterly reporting of actual
contract performance outside the United
States.
252.225–7014 Preference for domestic
specialty metals.
I
*
*
*
*
*
(a) Definition. United States, as used
in this clause, means the 50 States, the
District of Columbia, and outlying areas.
*
*
*
*
*
I 35. Section 252.225–7011 is revised to
read as follows:
252.225–7011 Restriction on acquisition of
supercomputers.
As prescribed in 225.7012–3, use the
following clause:
Restriction on Acquisition of
Supercomputers (JUN 2005)
Supercomputers delivered under this
contract shall be manufactured in the
United States or its outlying areas.
(End of clause)
I 36. Section 252.225–7013 is amended
by revising the clause date, paragraph
(a)(1), paragraph (b) introductory text,
paragraph (f)(1)(i)(A), and the first
sentence of paragraph (h) introductory
text to read as follows:
252.225–7013
*
*
*
Duty-free entry.
*
*
Duty-Free Entry (JUN 2005)
(a) * * *
(1) Customs territory of the United
States means the 50 States, the District
of Columbia, and Puerto Rico.
*
*
*
*
*
(b) Except as provided in paragraph (i)
of this clause, or unless supplies were
imported into the customs territory of
the United States before the date of this
contract or the applicable subcontract,
the price of this contract shall not
include any amount for duty on—
*
*
*
*
*
(f) * * *
(1)(i) * * *
(A) Prepare any customs forms
required for the entry of foreign supplies
into the customs territory of the United
States in connection with this contract;
and
*
*
*
*
*
(h) The Contractor shall notify the
Administrative Contracting Officer
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*
*
*
*
*
Preference for Domestic Specialty
Metals (JUN 2005)
*
*
*
*
*
(b) Any specialty metals incorporated
in articles delivered under this contract
shall be melted in the United States or
its outlying areas.
*
*
*
*
*
I 38. Section 252.225–7015 is revised to
read as follows:
252.225–7015 Restriction on acquisition of
hand or measuring tools.
As prescribed in 225.7002–3(c), use
the following clause:
Restriction on Acquisition of Hand or
Measuring Tools (JUN 2005)
Hand or measuring tools delivered
under this contract shall be produced in
the United States or its outlying areas.
(End of clause)
I 39. Section 252.225–7016 is amended
by revising the clause date and paragraph
(b) to read as follows:
252.225–7016 Restriction on Acquisition
of Ball and Roller Bearings.
*
*
*
*
*
Restriction on Acquisition of Ball and
Roller Bearings (JUN 2005)
*
*
*
*
*
(b) Except as provided in paragraph
(c) of this clause, all ball and roller
bearings and ball and roller bearing
components (including miniature and
instrument ball bearings) delivered
under this contract, either as end items
or components of end items, shall be
wholly manufactured in the United
States, its outlying areas, or Canada.
Unless otherwise specified, raw
materials, such as preformed bar, tube,
or rod stock and lubricants, need not be
mined or produced in the United States,
its outlying areas, or Canada.
*
*
*
*
*
I 40. Section 252.225–7018 is amended
by revising the clause date, paragraph (b)
in the second sentence, and paragraph
(c)(1) to read as follows:
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35547
252.225–7018 Notice of prohibition of
certain contracts with foreign entities for
the conduct of ballistic missile defense
research, development, test, and
evaluation.
*
*
*
*
*
Notice of Prohibition of Certain
Contracts With Foreign Entities for the
Conduct of Ballistic Missile Defense
Research, Development, Test, and
Evaluation (JUN 2005)
*
*
*
*
*
(b) * * * However, foreign
governments and firms are encouraged
to submit offers, since this provision is
not intended to restrict access to unique
foreign expertise if the contract will
require a level of competency
unavailable in the United States or its
outlying areas.
(c) * * *
(1) The contract will be performed
within the United States or its outlying
areas;
*
*
*
*
*
I 41. Section 252.225–7019 is amended
by revising the clause date and paragraph
(a) to read as follows:
252.225–7019 Restriction on acquisition of
anchor and mooring chain.
*
*
*
*
*
Restriction on Acquisition of Anchor
and Mooring Chain (JUN 2005)
(a) Welded shipboard anchor and
mooring chain, four inches or less in
diameter, delivered under this
contract—
(1) Shall be manufactured in the
United States or its outlying areas,
including cutting, heat treating, quality
control, testing, and welding (both
forging and shot blasting process); and
(2) The cost of the components
manufactured in the United States or its
outlying areas shall exceed 50 percent of
the total cost of components.
*
*
*
*
*
I 42. Section 252.225–7021 is amended
by revising the clause date and paragraph
(a)(11) to read as follows:
252.225–7021
*
*
*
Trade agreements.
*
*
Trade Agreements (JUN 2005)
(a) * * *
(11) United States means the 50
States, the District of Columbia, and
outlying areas.
*
*
*
*
*
I 43. Section 252.225–7022 is amended
by revising the clause date and paragraph
(b) to read as follows:
252.225–7022 Restriction on acquisition of
polyacrylonitrile (PAN) carbon fiber.
*
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*
*
*
35548
Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Rules and Regulations
Restriction on Acquisition of
Polyacrylonitrile (PAN) Carbon Fiber
(JUN 2005)
252.225–7036 Buy American Act—Free
Trade Agreements—Balance of Payments
Program.
*
*
*
*
*
(b) PAN carbon fibers contained in the
end product shall be manufactured in
the United States, its outlying areas, or
Canada using PAN precursor produced
in the United States, its outlying areas,
or Canada.
*
*
*
*
*
I 44. Section 252.225–7023 is amended
by revising the clause date and paragraph
(a) to read as follows:
*
252.225–7023 Restriction on acquisition of
vessel propellers.
*
252.225–7037 Evaluation of Offers for Air
Circuit Breakers.
As prescribed in 225.7006–4(a), use
the following provision:
*
*
*
*
Restriction on Acquisition of Vessel
Propellers (JUN 2005)
(a) Except as provided in paragraph
(b) of this clause, the Contractor shall
deliver under this contract, whether as
end items or components of end items,
vessel propellers—
(1) Manufactured in the United States,
its outlying areas, or Canada; and
(2) For which all component castings
were poured and finished in the United
States, its outlying areas, or Canada.
*
*
*
*
*
I 45. Section 252.225–7025 is amended
by revising the clause date and paragraph
(a)(1) introductory text to read as follows:
252.225–7025
forgings.
*
*
*
*
Restriction on Acquisition of Forgings
(JUN 2005)
(a) * * *
(1) Domestic manufacture means
manufactured in the United States, its
outlying areas, or Canada if the
Canadian firm—
*
*
*
*
*
I 46. Section 252.225–7031 is amended
as follows:
I a. By revising the clause date to read
‘‘(JUN 2005)’’;
I b. By redesignating paragraph (a)(2) as
paragraph (a)(3); and
I c. By adding a new paragraph (a)(2) to
read as follows:
252.225–7031
Israel.
Secondary Arab boycott of
*
*
*
*
*
(a) * * *
(2) United States means the 50 States,
the District of Columbia, outlying areas,
and the outer Continental Shelf as
defined in 43 U.S.C. 1331.
*
*
*
*
*
I 47. Section 252.225–7036 is amended
by revising the clause date and paragraph
(a)(9) to read as follows:
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15:18 Jun 20, 2005
*
*
*
Evaluation of Offers for Air Circuit
Breakers (JUN 2005)
(a) The offeror shall specify, in its
offer, any intent to furnish air circuit
breakers that are not manufactured in
the United States or its outlying areas,
Canada, or the United Kingdom.
(b) The Contracting Officer will
evaluate offers by adding a factor of 50
percent to the offered price of air circuit
breakers that are not manufactured in
the United States or its outlying areas,
Canada, or the United Kingdom.
(End of provision)
I 49. Section 252.225–7038 is revised to
read as follows:
252.225–7044 Balance of Payments
Program—Construction Material.
*
*
*
*
*
(a) * * *
‘‘United States’’ means the 50 States,
the District of Columbia, and outlying
areas.
*
*
*
*
*
I 52. Section 252.225–7045 is amended
as follows:
I a. By revising the clause date to read
‘‘(JUN 2005)’’; and
I b. In paragraph (a) by revising the
definition of ‘‘United States’’ to read as
follows:
252.225–7045 Balance of Payments
Program—Construction Material Under
Trade Agreements.
252.225–7038 Restriction on Acquisition
of Air Circuit Breakers.
Restriction on acquisition of
*
*
Buy American Act—Free Trade
Agreements—Balance of Payments
Program (JUN 2005)
(a) * * *
(9) United States means the 50 States,
the District of Columbia, and outlying
areas.
*
*
*
*
*
I 48. Section 252.225–7037 is revised to
read as follows:
(a) Definition. United States, as used
in this clause, means, the 50 States, the
District of Columbia, and outlying areas.
*
*
*
*
*
I 51. Section 252.225–7044 is amended
as follows:
I a. By revising the clause date to read
‘‘(JUN 2005)’’; and
I b. In paragraph (a) by revising the
definition of ‘‘United States’’ to read as
follows:
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*
As prescribed in 225.7006–4(b), use
the following clause:
*
*
*
*
(a) * * *
United States means the 50 States, the
District of Columbia, and outlying areas.
*
*
*
*
*
I 53. Section 252.247–7025 is amended
by revising the clause date and paragraph
(b) introductory text to read as follows:
252.247–7025
Reflagging or Repair Work.
Restriction on Acquisition of Air
Circuit Breakers (JUN 2005)
Unless otherwise specified in its offer,
the Contractor shall deliver under this
contract air circuit breakers
manufactured in the United States or its
outlying areas, Canada, or the United
Kingdom.
(End of clause)
I 50. Section 252.225–7043 is amended
as follows:
I a. By revising the clause date to read
‘‘(JUN 2005)’’;
I b. By redesignating paragraphs (a)
through (c) as paragraphs (b) through (d)
respectively;
I c. In newly designated paragraph (b),
in the introductory text, by removing
‘‘paragraph (b)’’ and adding in its place
‘‘paragraph (c)’’; and
I d. By adding a new paragraph (a) to
read as follows:
Reflagging or Repair Work (JUN 2005)
252.225–7043 Antiterrorism/force
protection policy for defense contractors
outside the United States.
Appendix F to Chapter 2—Material
Inspection and Receiving Report F–104
[Amended]
*
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*
Frm 00038
*
*
Fmt 4700
*
*
*
*
*
(b) Requirement. Unless the Secretary
of Defense waives this requirement,
reflagging or repair work shall be
performed in the United States or its
outlying areas, if the reflagging or repair
work is performed—
*
*
*
*
*
PART 253—FORMS
54. Section 253.213–70 is amended by
revising paragraph (a)(2) to read as
follows:
I
253.213–70 Instructions for completion of
DD Form 1155.
(a) * * *
(2) The contractor is located in the
contiguous United States or Canada.
*
*
*
*
*
*
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Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Rules and Regulations
55. Appendix F to Chapter 2 is
amended in Part 1, Section F–104, as
follows:
I a. In paragraph (a)(5)(i) introductory
text by removing ‘‘Continental United
States’’ and adding in its place
‘‘Contiguous United States’’; and
I b. In paragraph (a)(5)(ii), in the first
sentence, by removing ‘‘continental
U.S.’’ and adding in its place
‘‘contiguous United States’’.
I
[FR Doc. 05–12100 Filed 6–20–05; 8:45 am]
BILLING CODE 5001–08–P
‘‘https://www.acq.osd.mil/dpap/UID/
guides.htm’’;
I c. In paragraph (d) introductory text,
by adding ‘‘(1)(i) or (ii)’’ after ‘‘paragraph
(c)’’; and
I d. In paragraph (e) introductory text,
by removing ‘‘Embedded DoD serially
managed subassemblies, components,
and parts. The’’ and adding in its place
‘‘For embedded DoD serially managed
subassemblies, components, and parts
that require unique item identification
under paragraph (c)(1)(iii) of this clause,
the’’.
[FR Doc. 05–12095 Filed 6–20–05; 8:45 am]
DEPARTMENT OF DEFENSE
BILLING CODE 5001–08–P
48 CFR Part 252
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
Defense Federal Acquisition
Regulation Supplement; Technical
Amendments
Department of Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is making technical
amendments to a Defense Federal
Acquisition Regulation Supplement
clause addressing unique identification
and valuation of items delivered under
DoD contracts. The amendments clarify
cross-references and correct an Internet
address.
DATES: Effective June 21, 2005.
FOR FURTHER INFORMATION CONTACT: Ms.
Michele Peterson, Defense Acquisition
Regulations System,
OUSD(AT&L)DPAP(DAR), IMD 3C132,
3062 Defense Pentagon, Washington, DC
20301–3062. Telephone (703) 602–0311;
facsimile (703) 602–0350.
SUMMARY:
List of Subjects in 48 CFR Part 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR Part 252 is amended
as follows:
I
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
1. The authority citation for 48 CFR
Part 252 continues to read as follows:
I
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
252.211–7003
[Amended]
2. Section 252.211–7003 is amended as
follows:
I a. By revising the clause date to read
‘‘(JUN 2005)’;
I b. In paragraph (c)(3)(i)(C), in the
second sentence, by removing ‘‘https://
www.acq.osd.mil/dpap/UID/
guides.html’’ and adding in its place
I
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48 CFR Parts 1809, 1837, and 1852
RIN 2700–AC60
Contractor Access to Sensitive
Information
National Aeronautics and
Space Administration (NASA).
ACTION: Final rule.
AGENCY:
SUMMARY: This final rule adopts with
changes the proposed rule published in
the Federal Register on December 5,
2003 (68 FR 67995—67998). This final
rule amends the NASA Federal
Acquisition Regulation (FAR)
Supplement (NFS) by providing policy
and procedures on how NASA will
acquire services to support management
activities and administrative functions
when performing those services requires
the contractor to have access to sensitive
information submitted by other
contractors. NASA’s increased use of
contractors to support management
activities and administrative functions,
coupled with implementing Agencywide electronic information systems,
requires establishing consistent
procedures for protecting sensitive
information from unauthorized use or
disclosure.
EFFECTIVE DATE: June 21, 2005.
FOR FURTHER INFORMATION CONTACT:
David Forbes, NASA Headquarters,
Contract Management Division,
Washington, DC 20546, (202) 358–2051,
e-mail: David.P.Forbes@nasa.gov.
SUPPLEMENTARY INFORMATION:
A. Background
On December 5, 2003, NASA
published in the Federal Register (68
FR 67995—67998) a proposed revision
to the NFS prescribing policy,
procedures, and clauses to address how
NASA will acquire services to support
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35549
management activities and
administrative functions when
performing those services requires the
service provider to have access to
‘‘confidential’’ information submitted by
other contractors. One of the comments
that NASA received in response to this
publication relates to a fundamental
concept and demands attention at the
outset. As published, the proposed rule
used the word ‘‘confidential’’ to
describe the types of information that
required special attention when turned
over to a service provider. NASA
intended this word to describe a general
class of information, largely of a
business or management nature, the
value of which arose mostly from the
fact that it was not readily known to the
public. NASA never intended this word
to refer to one of the standard
classifications of information for
national security purposes, as in
‘‘confidential-secret-top secret.’’
Nevertheless, concerns have arisen that
using the word might cause confusion
with national security information. To
avoid possible confusion, we have
replaced the word ‘‘confidential’’ with
the word ‘‘sensitive.’’ This revision
should clarify that the proposed rule
deals with business and management
information, the value of which lies
primarily in the fact that is not generally
known to the public. The proposed rule
does not implement or refer to the
classification of information for national
security purposes.
With regard to more general
background information, NASA’s
essential procurement operations
generate large amounts of ‘‘sensitive
information,’’ both from offerors and
contractors. Traditionally, NASA civil
servants received, analyzed, and used
this information to ensure that the
Agency spent tax dollars in a
responsible and consistent manner. The
Trade Secrets Act and other statutes
have for years imposed criminal
liabilities on government employees
who disclosed this type of information
to unauthorized outside parties. Offerors
and contractors have willingly provided
sensitive information about their
operations, costs, business practices,
and other matters, knowing that NASA
would not provide another contractor
(‘‘service provider’’) access to this
information without first ensuring that
the parties had complied with FAR
9.505–4. As a condition to allowing a
service provider access to another
contractor’s proprietary information,
FAR 9.505–4 would require that the
parties execute a satisfactory protection/
use agreement. Central to this process
were notice to the owner of the
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]]>Agencies
[Federal Register Volume 70, Number 118 (Tuesday, June 21, 2005)]
[Rules and Regulations]
[Pages 35543-35549]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12100]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
48 CFR Parts 204, 208, 209, 212, 213, 215, 217, 219, 222, 223, 225,
227, 233, 235, 236, 237, 242, 247, 252, and 253 and Appendix F to
Chapter 2
[DFARS Case 2001-D003]
Defense Federal Acquisition Regulation Supplement; Geographic Use
of the Term ``United States''
AGENCY: Department of Defense (DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is amending the Defense Federal Acquisition Regulation
Supplement (DFARS) to standardize the use of the term ``United States''
and associated geographic terms, in accordance with definitions found
in the Federal Acquisition Regulation.
EFFECTIVE DATE: June 21, 2005.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition
Regulations Council, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0328;
facsimile (703) 602-0350. Please cite DFARS Case 2001-D003.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule amends the DFARS to standardize the use of
geographic terms, for consistency with the definitions of the following
terms found in section 2.101 of the Federal Acquisition Regulation:
``United States''; ``contiguous United States''; ``customs territory of
the United States''; and ``outlying areas''.
DoD published a proposed rule at 69 FR 65121 on November 10, 2004.
DoD received no comments on the proposed rule. DoD has adopted the
proposed rule as a final rule, with the following exceptions:
[cir] The proposed changes to DFARS 204.670-1 and 253.204-70 are
not included in the final rule. These changes will be addressed in a
separate DFARS case relating to the DD Form 350, Individual Contracting
Action Report.
[cir] The proposed change to DFARS 236.602-1(a)(i)(6)(A)(2) is not
included in the final rule. This text was removed
[[Page 35544]]
from the DFARS in the final rule published at 69 FR 75000 on December
15, 2004.
[cir] The proposed revision to the clause at DFARS 252.225-7039,
Restriction on Acquisition of Totally Enclosed Lifeboat Survival
Systems, is not included in the final rule. This clause was proposed
for deletion in the proposed rule published at 70 FR 14628 on March 23,
2005.
[cir] The final rule includes technical amendments at DFARS 247.571
to update cross-references.
[cir] The final rule includes changes to the clause at DFARS
252.212-7001, Contract Terms and Conditions Required to Implement
Statutes or Executive Orders Applicable to Defense Acquisitions of
Commercial Items, to update referenced clause dates.
[cir] The final rule reflects the revisions to DFARS 252.225-7003
and 252.225-7004, and the addition of DFARS 252.225-7006, included in
the final rule published at 70 FR 20838 on April 22, 2005.
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 standardizes DFARS terminology, but makes no
substantive change to 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 Parts 204, 208, 209, 212, 213, 215, 217,
219, 222, 223, 225, 227, 233, 235, 236, 237, 242, 247, 252, and 253
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR Parts 204, 208, 209, 212, 213, 215, 217, 219, 222,
223, 225, 227, 233, 235, 236, 237, 242, 247, 252, and 253 and Appendix
F to Chapter 2 are amended as follows:
0
1. The authority citation for 48 CFR Parts 204, 208, 209, 212, 213,
215, 217, 219, 222, 223, 225, 227, 233, 235, 236, 237, 242, 247, 252,
and 253 and Appendix F to subchapter I continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 204--ADMINISTRATIVE MATTERS
0
2. Section 204.904 is amended by revising paragraph (1)(v) to read as
follows:
204.904 Reporting payment information to the IRS.
(1) * * *
(v) Any contract with a State, the District of Columbia, or an
outlying area of the United States; or a political subdivision, agency,
or instrumentality of any of the foregoing;
* * * * *
PART 208--REQUIRED SOURCES OF SUPPLIES AND SERVICES
0
3. Section 208.7002 is amended by revising paragraph (a)(3) and
paragraph (a)(4) introductory text to read as follows:
208.7002 Assignment authority.
(a) * * *
(3) Outside the contiguous United States, by the Unified
Commanders; and
(4) For acquisitions to be made in the contiguous United States for
commodities not assigned under paragraphs (a)(1), (2), or (3) of this
section, by agreement of agency heads (10 U.S.C. 2311).
* * * * *
PART 209--CONTRACTOR QUALIFICATIONS
0
4. Section 209.406-2 is amended by revising paragraph (a) introductory
text to read as follows:
209.406-2 Causes for debarment.
(a) Any person shall be considered for debarment if criminally
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States or its outlying areas that was not made in the United States or
its outlying areas (10 U.S.C. 2410f).
* * * * *
PART 212--ACQUISITION OF COMMERCIAL ITEMS
0
5. Section 212.602 is amended by revising paragraph (b)(ii) to read as
follows:
212.602 Streamlined evaluation of offers.
(b) * * *
(ii) For the acquisition of transportation in supply contracts that
will include a significant requirement for transportation of items
outside the contiguous United States, also evaluate offers in
accordance with the criterion at 247.301-71.
* * * * *
PART 213--SIMPLIFIED ACQUISITION PROCEDURES
0
6. Section 213.270 is amended by revising paragraph (c)(1) to read as
follows:
213.270 Use of the Governmentwide commercial purchase card.
* * * * *
(c) * * *
(1) The place of performance is entirely outside the United States
and its outlying areas.
* * * * *
0
7. Section 213.307 is amended in paragraph (b)(i)(B)(2) by revising the
first sentence to read as follows:
213.307 Forms.
* * * * *
(b)(i) * * *
(B) * * *
(2) Classified acquisitions when the purchase is made within the
United States or its outlying areas. * * *
* * * * *
PART 215--CONTRACTING BY NEGOTIATION
0
8. Section 215.404-76 is amended by revising paragraph (d) to read as
follows:
215.404-76 Reporting profit and fee statistics.
* * * * *
(d) Contracting offices outside the United States and its outlying
areas are exempt from reporting.
* * * * *
PART 217--SPECIAL CONTRACTING METHODS
0
9. Section 217.7005 is revised to read as follows:
217.7005 Solicitation provision.
Use the provision at 252.217-7002, Offering Property for Exchange,
when offering nonexcess personal property for exchange. Allow a minimum
of 14 calendar days for the inspection period in paragraph (b) of the
clause if the exchange property is in the contiguous United States.
Allow at least 21 calendar days outside the contiguous United States.
0
10. Section 217.7102 is amended as follows:
0
a. By revising paragraph (a) introductory text;
0
b. In paragraph (a)(2), in the first sentence, by removing ``Which
possess'' and adding in its place ``Possess''; and
[[Page 35545]]
0
c. By revising paragraph (b). The revised text reads as follows:
217.7102 General.
(a) Activities shall enter into master agreements for repair and
alteration of vessels with all prospective contractors located within
the United States or its outlying areas, which--
* * * * *
(b) Activities may use master agreements in work with prospective
contractors located outside the United States and its outlying areas.
* * * * *
0
11. Section 217.7103-3 is amended by revising paragraph (a)
introductory text to read as follows:
217.7103-3 Solicitations for job orders.
(a) When a requirement arises within the United States or its
outlying areas for the type of work covered by the master agreement,
solicit offers from prospective contractors that--
* * * * *
PART 219--SMALL BUSINESS PROGRAMS
0
12. Section 219.800 is amended in paragraph (a) by revising the fourth
sentence to read as follows:
219.800 General.
(a) * * * Consistent with the provisions of this subpart, this
authority is hereby redelegated to DoD contracting officers within the
United States or its outlying areas, to the extent that it is
consistent with any dollar or other restrictions established in
individual warrants. * * *
* * * * *
PART 222--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
0
13. Section 222.7201 is amended by revising paragraph (a) to read as
follows:
222.7201 Contract clauses.
(a) Use the clause at 252.222-7002, Compliance with Local Labor
Laws (Overseas), in solicitations and contracts for services or
construction to be performed outside the United States and its outlying
areas.
* * * * *
PART 223--ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-
FREE WORKPLACE
0
14. Section 223.570-4 is amended by revising paragraph (b)(2) to read
as follows:
223.570-4 Contract clause.
* * * * *
(b) * * *
(2) When performance or partial performance will be outside the
United States and its outlying areas, unless the contracting officer
determines such inclusion to be in the best interest of the Government;
or
* * * * *
PART 225--FOREIGN ACQUISITION
0
15. Section 225.7014 is revised to read as follows:
225.7014 Restriction on overseas military construction.
For restriction on award of military construction contracts to be
performed in the United States outlying areas in the Pacific and on
Kwajalein Atoll, or in countries bordering the Arabian Gulf, see
236.274(a).
PART 227--PATENTS, DATA, AND COPYRIGHTS
227.7103-17 [Amended]
0
16. Section 227.7103-17 is amended in paragraph (b) in the second
sentence, and in paragraph (c), by removing ``possessions'' and adding
in its place ``outlying areas''.
227.7203-17 [Amended]
0
17. Section 227.7203-17 is amended in paragraph (b) in the second
sentence, and in paragraph (c), by removing ``possessions'' and adding
in its place ``outlying areas''.
PART 233--PROTESTS, DISPUTES, AND APPEALS
0
18. Section 233.215-70 is revised to read as follows:
233.215-70 Additional contract clause.
Use the clause at 252.233-7001, Choice of Law (Overseas), in
solicitations and contracts when contract performance will be outside
the United States and its outlying areas, unless otherwise provided for
in a government-to-government agreement.
PART 235--RESEARCH AND DEVELOPMENT CONTRACTING
0
19. Section 235.071 is amended by revising paragraph (a) to read as
follows:
235.071 Additional contract clauses.
(a) Use the clause at 252.235-7002, Animal Welfare, or one
substantially the same, in solicitations and contracts awarded in the
United States or its outlying areas involving research on live
vertebrate animals.
* * * * *
PART 236--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
236.274 [Amended]
0
20. Section 236.274 is amended in paragraph (a) introductory text by
removing ``territories and possessions'' and adding in its place
``outlying areas''.
236.570 [Amended]
0
21. Section 236.570 is amended in paragraph (c)(1) by removing
``territory or possession'' and adding in its place ``outlying area''.
PART 237--SERVICE CONTRACTING
0
22. Section 237.102-70 is amended by revising paragraph (a)(1) to read
as follows:
237.102-70 Prohibition on contracting for firefighting or security-
guard functions.
(a) * * *
(1) The contract is to be carried out at a location outside the
United States and its outlying areas at which members of the armed
forces would have to be used for the performance of firefighting or
security-guard functions at the expense of unit readiness;
* * * * *
0
23. Section 237.7301 is amended by revising paragraph (a)(1) to read as
follows:
237.7301 Definitions.
* * * * *
(a) * * *
(1) Is located in the United States or its outlying areas;
* * * * *
PART 242--CONTRACT ADMINISTRATION AND AUDIT SERVICES
0
24. Section 242.1402 is amended by revising the section heading to read
as follows:
242.1402 Volume movements within the contiguous United States.
* * * * *
PART 247--TRANSPORTATION
0
25. Section 247.571 is amended as follows:
0
a. In paragraphs (a)(1), (2), and (3), by removing ``247.572-1(d)'' and
adding in its place ``247.572-1(c)''; and
0
b. By revising paragraph (c)(1) introductory text to read as follows:
247.571 Policy.
* * * * *
(c)(1) Any vessel used under a time charter contract for the
transportation of supplies under this section shall have
[[Page 35546]]
any reflagging or repair work, as defined in the clause at 252.247-
7025, Reflagging or Repair Work, performed in the United States or its
outlying areas, if the reflagging or repair work is performed--
* * * * *
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
26. Section 252.209-7002 is amended by revising the clause date and
paragraph (a)(3) to read as follows:
252.209-7002 Disclosure of ownership or control by a foreign
government.
* * * * *
Disclosure of Ownership or Control by a Foreign Government
(JUN 2005)
(a) * * *
(3) Foreign government includes the state and the government of any
country (other than the United States and its outlying areas) as well
as any political subdivision, agency, or instrumentality thereof.
* * * * *
0
27. Section 252.212-7000 is amended as follows:
0
a. By revising the clause date to read ``(JUN 2005)'';
0
b. By redesignating paragraph (a)(2) as paragraph (a)(3); and
0
c. By adding a new paragraph (a)(2) to read as follows:
252.212-7000 Offeror representations and certifications--Commercial
Items.
* * * * *
(a) * * *
(2) United States means the 50 States, the District of Columbia,
outlying areas, and the outer Continental Shelf as defined in 43 U.S.C.
1331.
* * * * *
0
28. Section 252.212-7001 is amended as follows:
0
a. By revising the clause date to read ``(JUN 2005)''; and
0
b. In paragraph (b) by revising entries ``252.225-7001'' through
``252.225-7038'' to read as follows:
252.212-7001 Contract Terms and Conditions required to implement
statutes or executive orders applicable to defense acquisitions of
commercial items.
* * * * *
(b) * * *
------ 252.225-7001 Buy American Act and Balance
of Payments Program (JUN
2005) (41 U.S.C. 10a-10d,
E.O. 10582).
------ 252.225-7012 Preference for Certain
Domestic Commodities (JUN
2004) (10 U.S.C. 2533a).
------ 252.225-7014 Preference for Domestic
Specialty Metals (JUN 2005)
(10 U.S.C. 2533a).
------ 252.225-7015 Restriction on Acquisition of
Hand or Measuring Tools (JUN
2005) (10 U.S.C. 2533a).
------ 252.225-7016 Restriction on Acquisition of
Ball and Roller Bearings (JUN
2005) (------ Alternate I)
(APR 2003) (10 U.S.C. 2534
and Section 8099 of Public
Law 104-61 and similar
sections in subsequent DoD
appropriations acts).
------ 252.225-7021 Trade Agreements (JUN 2005)
(19 U.S.C. 2501-2518 and 19
U.S.C. 3301 note).
------ 252.225-7027 Restriction on Contingent Fees
for Foreign Military Sales
(APR 2003) (22 U.S.C. 2779).
------ 252.225-7028 Exclusionary Policies and
Practices of Foreign
Governments (APR 2003) (22
U.S.C. 2755).
------ 252.225-7036 Buy American Act--Free Trade
Agreements--Balance of
Payments Program (JUN 2005)
(------ Alternate I) (JAN
2005) (41 U.S.C. 10a-10d and
19 U.S.C. 3301 note).
------ 252.225-7038 Restriction on Acquisition of
Air Circuit Breakers (JUN
2005) (10 U.S.C. 2534(a)(3)).
* * * * *
0
29. Section 252.225-7000 is amended by revising the clause date and
paragraph (a) to read as follows:
252.225-7000 Buy American Act--Balance of Payments Program
Certificate.
* * * * *
Buy American Act--Balance of Payments Program Certificate
(JUN 2005)
(a) Definitions. Domestic end product, foreign end product,
qualifying country, qualifying country end product, and United States
have the meanings given in the Buy American Act and Balance of Payments
Program clause of this solicitation.
* * * * *
0
30. Section 252.225-7001 is amended by revising the clause date and
adding paragraph (a)(8) to read as follows:
252.225-7001 Buy American Act and Balance of Payments Program.
* * * * *
Buy American Act and Balance of Payments Program (JUN 2005)
(a) * * *
(8) United States means the 50 States, the District of Columbia,
and outlying areas.
* * * * *
0
31. Section 252.225-7003 is amended as follows:
0
a. By revising the clause date to read ``(JUN 2005)'';
0
b. By redesignating paragraphs (a) through (d) as paragraphs (b)
through (e) respectively; and
0
c. By adding a new paragraph (a) to read as follows:
252.225-7003 Report of intended performance outside the United States
and Canada--Submission with offer.
* * * * *
(a) Definition. United States, as used in this provision, means the
50 States, the District of Columbia, and outlying areas.
* * * * *
0
32. Section 252.225-7004 is amended as follows:
0
a. By revising the clause date to read ``(JUN 2005)'';
0
b. By redesignating paragraphs (a) through (c) as paragraphs (b)
through (d) respectively; and
0
c. By adding a new paragraph (a) to read as follows:
252.225-7004 Report of intended performance outside the United States
and Canada--Submission after award.
* * * * *
(a) Definition. United States, as used in this clause, means the 50
States, the District of Columbia, and outlying areas.
* * * * *
0
33. Section 252.225-7005 is amended as follows:
0
a. By revising the clause date to read ``(JUN 2005)'';
0
b. By redesignating paragraphs (a) through (c) as paragraphs (b)
through (d) respectively;
0
c. In newly designated paragraph (c)(3)(iv) by removing ``(b)'' and
adding ``(c)'' in its place; and
0
d. By adding a new paragraph (a) to read as follows:
252.225-7005 Identification of expenditures in the United States.
* * * * *
(a) Definition. United States, as used in this clause, means the 50
States, the District of Columbia, and outlying areas.
* * * * *
0
34. Section 252.225-7006 is amended as follows:
0
a. By revising the clause date to read ``(JUN 2005)'';
[[Page 35547]]
0
b. By redesignating paragraphs (a) through (e) as paragraphs (b)
through (f) respectively;
0
c. In newly designated paragraph (b), in the introductory text, by
removing ``paragraph (b)'' and adding in its place ``paragraph (c)'';
0
d. In newly designated paragraph (f)(3), by removing ``(a) through
(d)'' and adding in its place ``(b) through (e)''; and
0
e. By adding a new paragraph (a) to read as follows:
252.225-7006 Quarterly reporting of actual contract performance
outside the United States.
* * * * *
(a) Definition. United States, as used in this clause, means the 50
States, the District of Columbia, and outlying areas.
* * * * *
0
35. Section 252.225-7011 is revised to read as follows:
252.225-7011 Restriction on acquisition of supercomputers.
As prescribed in 225.7012-3, use the following clause:
Restriction on Acquisition of Supercomputers (JUN 2005)
Supercomputers delivered under this contract shall be manufactured
in the United States or its outlying areas.
(End of clause)
0
36. Section 252.225-7013 is amended by revising the clause date,
paragraph (a)(1), paragraph (b) introductory text, paragraph
(f)(1)(i)(A), and the first sentence of paragraph (h) introductory text
to read as follows:
252.225-7013 Duty-free entry.
* * * * *
Duty-Free Entry (JUN 2005)
(a) * * *
(1) Customs territory of the United States means the 50 States, the
District of Columbia, and Puerto Rico.
* * * * *
(b) Except as provided in paragraph (i) of this clause, or unless
supplies were imported into the customs territory of the United States
before the date of this contract or the applicable subcontract, the
price of this contract shall not include any amount for duty on--
* * * * *
(f) * * *
(1)(i) * * *
(A) Prepare any customs forms required for the entry of foreign
supplies into the customs territory of the United States in connection
with this contract; and
* * * * *
(h) The Contractor shall notify the Administrative Contracting
Officer (ACO) in writing of any purchase of eligible products or
qualifying country supplies to be accorded duty-free entry, that are to
be imported into the customs territory of the United States for
delivery to the Government or for incorporation in end items to be
delivered to the Government. * * *
* * * * *
0
37. Section 252.225-7014 is amended by revising the clause date and
paragraph (b) to read as follows:
252.225-7014 Preference for domestic specialty metals.
* * * * *
Preference for Domestic Specialty Metals (JUN 2005)
* * * * *
(b) Any specialty metals incorporated in articles delivered under
this contract shall be melted in the United States or its outlying
areas.
* * * * *
0
38. Section 252.225-7015 is revised to read as follows:
252.225-7015 Restriction on acquisition of hand or measuring tools.
As prescribed in 225.7002-3(c), use the following clause:
Restriction on Acquisition of Hand or Measuring Tools (JUN 2005)
Hand or measuring tools delivered under this contract shall be
produced in the United States or its outlying areas.
(End of clause)
0
39. Section 252.225-7016 is amended by revising the clause date and
paragraph (b) to read as follows:
252.225-7016 Restriction on Acquisition of Ball and Roller Bearings.
* * * * *
Restriction on Acquisition of Ball and Roller Bearings (JUN 2005)
* * * * *
(b) Except as provided in paragraph (c) of this clause, all ball
and roller bearings and ball and roller bearing components (including
miniature and instrument ball bearings) delivered under this contract,
either as end items or components of end items, shall be wholly
manufactured in the United States, its outlying areas, or Canada.
Unless otherwise specified, raw materials, such as preformed bar, tube,
or rod stock and lubricants, need not be mined or produced in the
United States, its outlying areas, or Canada.
* * * * *
0
40. Section 252.225-7018 is amended by revising the clause date,
paragraph (b) in the second sentence, and paragraph (c)(1) to read as
follows:
252.225-7018 Notice of prohibition of certain contracts with foreign
entities for the conduct of ballistic missile defense research,
development, test, and evaluation.
* * * * *
Notice of Prohibition of Certain Contracts With Foreign Entities for
the Conduct of Ballistic Missile Defense Research, Development, Test,
and Evaluation (JUN 2005)
* * * * *
(b) * * * However, foreign governments and firms are encouraged to
submit offers, since this provision is not intended to restrict access
to unique foreign expertise if the contract will require a level of
competency unavailable in the United States or its outlying areas.
(c) * * *
(1) The contract will be performed within the United States or its
outlying areas;
* * * * *
0
41. Section 252.225-7019 is amended by revising the clause date and
paragraph (a) to read as follows:
252.225-7019 Restriction on acquisition of anchor and mooring chain.
* * * * *
Restriction on Acquisition of Anchor and Mooring Chain(JUN 2005)
(a) Welded shipboard anchor and mooring chain, four inches or less
in diameter, delivered under this contract--
(1) Shall be manufactured in the United States or its outlying
areas, including cutting, heat treating, quality control, testing, and
welding (both forging and shot blasting process); and
(2) The cost of the components manufactured in the United States or
its outlying areas shall exceed 50 percent of the total cost of
components.
* * * * *
0
42. Section 252.225-7021 is amended by revising the clause date and
paragraph (a)(11) to read as follows:
252.225-7021 Trade agreements.
* * * * *
Trade Agreements (JUN 2005)
(a) * * *
(11) United States means the 50 States, the District of Columbia,
and outlying areas.
* * * * *
0
43. Section 252.225-7022 is amended by revising the clause date and
paragraph (b) to read as follows:
252.225-7022 Restriction on acquisition of polyacrylonitrile (PAN)
carbon fiber.
* * * * *
[[Page 35548]]
Restriction on Acquisition of Polyacrylonitrile (PAN) Carbon Fiber (JUN
2005)
* * * * *
(b) PAN carbon fibers contained in the end product shall be
manufactured in the United States, its outlying areas, or Canada using
PAN precursor produced in the United States, its outlying areas, or
Canada.
* * * * *
0
44. Section 252.225-7023 is amended by revising the clause date and
paragraph (a) to read as follows:
252.225-7023 Restriction on acquisition of vessel propellers.
* * * * *
Restriction on Acquisition of Vessel Propellers (JUN 2005)
(a) Except as provided in paragraph (b) of this clause, the
Contractor shall deliver under this contract, whether as end items or
components of end items, vessel propellers--
(1) Manufactured in the United States, its outlying areas, or
Canada; and
(2) For which all component castings were poured and finished in
the United States, its outlying areas, or Canada.
* * * * *
0
45. Section 252.225-7025 is amended by revising the clause date and
paragraph (a)(1) introductory text to read as follows:
252.225-7025 Restriction on acquisition of forgings.
* * * * *
Restriction on Acquisition of Forgings (JUN 2005)
(a) * * *
(1) Domestic manufacture means manufactured in the United States,
its outlying areas, or Canada if the Canadian firm--
* * * * *
0
46. Section 252.225-7031 is amended as follows:
0
a. By revising the clause date to read ``(JUN 2005)'';
0
b. By redesignating paragraph (a)(2) as paragraph (a)(3); and
0
c. By adding a new paragraph (a)(2) to read as follows:
252.225-7031 Secondary Arab boycott of Israel.
* * * * *
(a) * * *
(2) United States means the 50 States, the District of Columbia,
outlying areas, and the outer Continental Shelf as defined in 43 U.S.C.
1331.
* * * * *
0
47. Section 252.225-7036 is amended by revising the clause date and
paragraph (a)(9) to read as follows:
252.225-7036 Buy American Act--Free Trade Agreements--Balance of
Payments Program.
* * * * *
Buy American Act--Free Trade Agreements--Balance of Payments Program
(JUN 2005)
(a) * * *
(9) United States means the 50 States, the District of Columbia,
and outlying areas.
* * * * *
0
48. Section 252.225-7037 is revised to read as follows:
252.225-7037 Evaluation of Offers for Air Circuit Breakers.
As prescribed in 225.7006-4(a), use the following provision:
Evaluation of Offers for Air Circuit Breakers (JUN 2005)
(a) The offeror shall specify, in its offer, any intent to furnish
air circuit breakers that are not manufactured in the United States or
its outlying areas, Canada, or the United Kingdom.
(b) The Contracting Officer will evaluate offers by adding a factor
of 50 percent to the offered price of air circuit breakers that are not
manufactured in the United States or its outlying areas, Canada, or the
United Kingdom.
(End of provision)
0
49. Section 252.225-7038 is revised to read as follows:
252.225-7038 Restriction on Acquisition of Air Circuit Breakers.
As prescribed in 225.7006-4(b), use the following clause:
Restriction on Acquisition of Air Circuit Breakers (JUN 2005)
Unless otherwise specified in its offer, the Contractor shall
deliver under this contract air circuit breakers manufactured in the
United States or its outlying areas, Canada, or the United Kingdom.
(End of clause)
0
50. Section 252.225-7043 is amended as follows:
0
a. By revising the clause date to read ``(JUN 2005)'';
0
b. By redesignating paragraphs (a) through (c) as paragraphs (b)
through (d) respectively;
0
c. In newly designated paragraph (b), in the introductory text, by
removing ``paragraph (b)'' and adding in its place ``paragraph (c)'';
and
0
d. By adding a new paragraph (a) to read as follows:
252.225-7043 Antiterrorism/force protection policy for defense
contractors outside the United States.
* * * * *
(a) Definition. United States, as used in this clause, means, the
50 States, the District of Columbia, and outlying areas.
* * * * *
0
51. Section 252.225-7044 is amended as follows:
0
a. By revising the clause date to read ``(JUN 2005)''; and
0
b. In paragraph (a) by revising the definition of ``United States'' to
read as follows:
252.225-7044 Balance of Payments Program--Construction Material.
* * * * *
(a) * * *
``United States'' means the 50 States, the District of Columbia,
and outlying areas.
* * * * *
0
52. Section 252.225-7045 is amended as follows:
0
a. By revising the clause date to read ``(JUN 2005)''; and
0
b. In paragraph (a) by revising the definition of ``United States'' to
read as follows:
252.225-7045 Balance of Payments Program--Construction Material Under
Trade Agreements.
* * * * *
(a) * * *
United States means the 50 States, the District of Columbia, and
outlying areas.
* * * * *
0
53. Section 252.247-7025 is amended by revising the clause date and
paragraph (b) introductory text to read as follows:
252.247-7025 Reflagging or Repair Work.
Reflagging or Repair Work (JUN 2005)
* * * * *
(b) Requirement. Unless the Secretary of Defense waives this
requirement, reflagging or repair work shall be performed in the United
States or its outlying areas, if the reflagging or repair work is
performed--
* * * * *
PART 253--FORMS
0
54. Section 253.213-70 is amended by revising paragraph (a)(2) to read
as follows:
253.213-70 Instructions for completion of DD Form 1155.
(a) * * *
(2) The contractor is located in the contiguous United States or
Canada.
* * * * *
Appendix F to Chapter 2--Material Inspection and Receiving Report F-104
[Amended]
[[Page 35549]]
0
55. Appendix F to Chapter 2 is amended in Part 1, Section F-104, as
follows:
0
a. In paragraph (a)(5)(i) introductory text by removing ``Continental
United States'' and adding in its place ``Contiguous United States'';
and
0
b. In paragraph (a)(5)(ii), in the first sentence, by removing
``continental U.S.'' and adding in its place ``contiguous United
States''.
[FR Doc. 05-12100 Filed 6-20-05; 8:45 am]
BILLING CODE 5001-08-P
