Defense Federal Acquisition Regulation Supplement; Free Trade Agreements-Australia and Morocco, 73152-73153 [05-23722]
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73152
Federal Register / Vol. 70, No. 236 / Friday, December 9, 2005 / Rules and Regulations
information technology contracts from
the regulatory time limits being
supplemented by this rule.
3. Comment: Period of performance
for certain performance-based contracts.
One respondent stated that some
performance-based contracts require
periods of performance of 15 to 20 years
to obtain the desired end results and
questioned how to award these
contracts given the limits imposed by
the rule.
DoD Response: The rule permits
agencies to authorize longer
performance periods when deemed
necessary for exceptional
circumstances.
4. Comment: Administrative error.
One respondent requested clarification
of the DoD Response to Comment 1 in
the preamble to the interim rule
published at 69 FR 74992 on December
15, 2004. The text contained an
erroneous reference to DFARS
217.204(e)(iii) regarding the limit on
period of performance for task and
delivery orders.
DoD Response: Concur that the
reference was in error. The correct
reference is DFARS 217.204(e)(iv).
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 has prepared a final regulatory
flexibility analysis consistent with 5
U.S.C. 604. The analysis is summarized
below. A copy of the analysis may be
obtained from the point of contact
specified herein.
This rule finalizes an interim DFARS
rule published on December 15, 2004.
The rule implements Section 843 of the
National Defense Authorization Act for
Fiscal Year 2004 (Pub. L. 108–136) and
Section 813 of the National Defense
Authorization Act for Fiscal Year 2005
(Pub. L. 108–375). Section 843 of Public
Law 108–136 limited the period of a
task or delivery order contract awarded
under 10 U.S.C. 2304a to not more than
5 years. Section 813 of Public Law 108–
375 revised the limitation to not more
than 10 years, unless the head of the
agency determines in writing that
exceptional circumstances require a
longer contract period. DoD received no
comments on the initial regulatory
flexibility analysis. As a result of
comments received on the interim rule,
the final rule clarifies the types of
contracts that are subject to the rule and
clarifies that the Congressional reporting
requirement, applicable to contracts
with ordering periods exceeding 10
years, expires at the end of fiscal year
2009. The rule applies to DoD task or
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16:58 Dec 08, 2005
Jkt 208001
delivery order contracts awarded under
the authority of 10 U.S.C. 2304a. It may
affect businesses interested in receiving
such contracts. The impact on small
entities is unknown at this time.
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 216 and
217
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Accordingly, the interim rule
amending 48 CFR parts 216 and 217,
which was published at 69 FR 13478 on
March 23, 2004, and which was
amended by the interim rule published
at 69 FR 74992 on December 15, 2004,
is adopted as a final rule with the
following changes:
I 1. The authority citation for 48 CFR
parts 216 and 217 continues to read as
follows:
I
(A) Contracts, including task or
delivery order contracts, awarded under
other statutory authority.
(B) Advisory and assistance service
task order contracts (authorized by 10
U.S.C. 2304b that are limited by statute
to 5 years, with the authority to extend
an additional 6 months (see FAR
16.505(c)).
(C) Definite-quantity contracts.
(D) GSA schedule contracts.
(E) Multi-agency contracts awarded by
agencies other than NASA, DoD, or the
Coast Guard.
(iv) Obtain approval from the senior
procurement executive before issuing an
order against a task or delivery order
contract subject to paragraph (e)(i) of
this section, if performance under the
order is expected to extend more than
1 year beyond the 10-year limit or
extended limit described in paragraph
(e)(i)(C) of this section (see FAR 37.106
for funding and term of service
contracts).
[FR Doc. 05–23732 Filed 12–8–05; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
48 CFR Parts 225 and 252
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
[DFARS Case 2004–D013]
PART 217—SPECIAL CONTRACTING
METHODS
Defense Federal Acquisition
Regulation Supplement; Free Trade
Agreements—Australia and Morocco
Department of Defense (DoD).
Final rule.
2. Section 217.204 is revised to read
as follows:
AGENCY:
217.204
SUMMARY: DoD has adopted as final,
with changes, an interim rule amending
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
implement new Free Trade Agreements
with Australia and Morocco. The Free
Trade Agreements were scheduled to
become effective on or after January 1,
2005. However, the Morocco Free Trade
Agreement has not yet entered into force
and is therefore removed from this final
rule.
DATES: Effective Date: December 9, 2005.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Williams, Defense Acquisition
Regulations System,
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 2004–D013.
SUPPLEMENTARY INFORMATION:
I
Contracts.
(e)(i) Notwithstanding FAR 17.204(e),
the ordering period of a task order or
delivery order contract (including a
contract for information technology)
awarded by DoD pursuant to 10 U.S.C.
2304a—
(A) May be for any period up to 5
years;
(B) May be subsequently extended for
one or more successive periods in
accordance with an option provided in
the contract or a modification of the
contract; and
(C) Shall not exceed 10 years unless
the head of the agency determines in
writing that exceptional circumstances
require a longer ordering period.
(ii) DoD must submit a report to
Congress, annually through fiscal year
2009, when an ordering period is
extended beyond 10 years in accordance
with paragraph (e)(i)(C) of this section.
Follow the procedures at PGI 217.204(e)
for reporting requirements.
(iii) Paragraph (e)(i) of this section
does not apply to the following:
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ACTION:
A. Background
DoD published an interim rule at 70
FR 2361 on January 13, 2005, to
implement new Free Trade Agreements
E:\FR\FM\09DER1.SGM
09DER1
Federal Register / Vol. 70, No. 236 / Friday, December 9, 2005 / Rules and Regulations
with Australia and Morocco, as
approved by Congress in the United
States-Australia Free Trade Agreement
Implementation Act (Public Law 108–
286) and the United States-Morocco
Free Trade Agreement Implementation
Act (Public Law 108–302). The Free
Trade Agreements were scheduled to
become effective on or after January 1,
2005. However, the United States Trade
Representative has informed DoD that
the Morocco Free Trade Agreement has
not yet entered into force. Therefore,
implementation of the Morocco Free
Trade Agreement is excluded from this
final rule. In addition, for consistency
with the Federal Acquisition Regulation
and other changes made by the interim
rule, this final rule amends the
definition of ‘‘eligible product’’ at
225.003 to include foreign construction
material.
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. DoD
applies the trade agreements to only
those non-defense items listed at
DFARS 225.401–70; and acquisitions
that are set aside for small business
concerns are exempt from application of
the trade agreements.
C. Paperwork Reduction Act
This rule affects the certification and
information collection requirements in
the provisions at DFARS 252.225–7020
and 252.225–7035, currently approved
under Office of Management and Budget
Control Number 0704–0229. The
impact, however, is negligible.
List of Subjects in 48 CFR Parts 225 and
252
Government procurement.
Accordingly, the interim rule
amending 48 CFR parts 225 and 252,
which was published at 70 FR 2361 on
January 13, 2005, is adopted as a final
rule with the following changes:
I
1. The authority citation for 48 CFR
parts 225 and 252 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
VerDate Aug<31>2005
16:58 Dec 08, 2005
Jkt 208001
2. Section 225.003 is amended as
follows:
I a. In paragraph (5)(i)(B), by removing
‘‘or’’;
I b. By redesignating paragraph (5)(ii) as
paragraph (5)(iii); and
I c. By adding a new paragraph (5)(ii) to
read as follows:
I
225.003
Definitions.
*
*
*
*
*
(5) * * *
(ii) A foreign construction material
that is not subject to discriminatory
treatment, due to the applicability of a
trade agreement to a particular
acquisition; or
*
*
*
*
*
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.212–7001
[Amended]
3. Section 252.212–7001 is amended
as follows:
I a. By revising the clause date to read
‘‘(DEC 2005)’’; and
I b. In paragraph (b), in entry ‘‘252.225–
7021’’, by removing ‘‘(JUN 2005)’’ and
adding in its place ‘‘(DEC 2005)’’.
I
252.225–7021
[Amended]
4. Section 252.225–7021 is amended
as follows:
I a. By revising the clause date to read
‘‘(DEC 2005)’’; and
I b. In paragraph (a)(3)(ii), by removing
‘‘Morocco,’’.
I 5. Section 252.225–7045 is amended
as follows:
I a. By revising the clause date to read
‘‘(DEC 2005)’’;
I b. In paragraph (a), in the definition of
‘‘Designated country’’, in paragraph (2),
by removing ‘‘Morocco,’’; and
I c. By revising Alternate I to read as
follows:
I
252.225–7045 Balance of Payments
Program—Construction Material Under
Trade Agreements.
*
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
I
PART 225—FOREIGN ACQUISITION
*
*
*
*
Alternate I (DEC 2005). As prescribed
in 225.7503(b), delete the definitions of
‘‘designated country’’ and ‘‘designated
country construction material’’ from the
definitions in paragraph (a) of the basic
clause, add the following definition of
‘‘Australian or Chilean construction
material’’ to paragraph (a) of the basic
clause, and substitute the following
paragraphs (b) and (c) for paragraphs (b)
and (c) of the basic clause:
Australian or Chilean construction
material means a construction material
that—
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73153
(1) Is wholly the growth, product, or
manufacture of Australia or Chile; or
(2) In the case of a construction
material that consists in whole or in part
of materials from another country, has
been substantially transformed in
Australia or Chile into a new and
different construction material distinct
from the materials from which it was
transformed.
(b) This clause implements the
Balance of Payments Program by
providing a preference for domestic
construction material. In addition, the
Contracting Officer has determined that
the WTO GPA and all Free Trade
Agreements except NAFTA apply to this
acquisition. Therefore, the Balance of
Payments Program restrictions are
waived for WTO GPA country,
Australian or Chilean, least developed
country, or Caribbean Basin country
construction material.
(c) The Contractor shall use only
domestic, WTO GPA country,
Australian or Chilean, least developed
country, or Caribbean Basin country
construction material in performing this
contract, except for—
(1) Construction material valued at or
below the simplified acquisition
threshold in Part 2 of the Federal
Acquisition Regulation; or
(2) The construction material or
components listed by the Government
as follows:
[Contracting Officer to list applicable
excepted materials or indicate ‘‘none’’]
[FR Doc. 05–23722 Filed 12–8–05; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
48 CFR Parts 225 and 252
[DFARS Case 2003–D008]
Defense Federal Acquisition
Regulation Supplement; Foreign
Acquisition
Department of Defense (DoD).
Final rule.
AGENCY:
ACTION:
SUMMARY: DoD has issued a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to update text pertaining to the
acquisition of supplies and services
from foreign sources. This rule is a
result of a transformation initiative
undertaken by DoD to dramatically
change the purpose and content of the
DFARS.
DATES: Effective Date: December 9, 2005.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Williams, Defense Acquisition
Regulations System,
E:\FR\FM\09DER1.SGM
09DER1
Agencies
[Federal Register Volume 70, Number 236 (Friday, December 9, 2005)]
[Rules and Regulations]
[Pages 73152-73153]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23722]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
48 CFR Parts 225 and 252
[DFARS Case 2004-D013]
Defense Federal Acquisition Regulation Supplement; Free Trade
Agreements--Australia and Morocco
AGENCY: Department of Defense (DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD has adopted as final, with changes, an interim rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to implement new Free Trade Agreements with Australia and Morocco. The
Free Trade Agreements were scheduled to become effective on or after
January 1, 2005. However, the Morocco Free Trade Agreement has not yet
entered into force and is therefore removed from this final rule.
DATES: Effective Date: December 9, 2005.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition
Regulations System, 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 2004-D013.
SUPPLEMENTARY INFORMATION:
A. Background
DoD published an interim rule at 70 FR 2361 on January 13, 2005, to
implement new Free Trade Agreements
[[Page 73153]]
with Australia and Morocco, as approved by Congress in the United
States-Australia Free Trade Agreement Implementation Act (Public Law
108-286) and the United States-Morocco Free Trade Agreement
Implementation Act (Public Law 108-302). The Free Trade Agreements were
scheduled to become effective on or after January 1, 2005. However, the
United States Trade Representative has informed DoD that the Morocco
Free Trade Agreement has not yet entered into force. Therefore,
implementation of the Morocco Free Trade Agreement is excluded from
this final rule. In addition, for consistency with the Federal
Acquisition Regulation and other changes made by the interim rule, this
final rule amends the definition of ``eligible product'' at 225.003 to
include foreign construction material.
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. DoD
applies the trade agreements to only those non-defense items listed at
DFARS 225.401-70; and acquisitions that are set aside for small
business concerns are exempt from application of the trade agreements.
C. Paperwork Reduction Act
This rule affects the certification and information collection
requirements in the provisions at DFARS 252.225-7020 and 252.225-7035,
currently approved under Office of Management and Budget Control Number
0704-0229. The impact, however, is negligible.
List of Subjects in 48 CFR Parts 225 and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Accordingly, the interim rule amending 48 CFR parts 225 and 252, which
was published at 70 FR 2361 on January 13, 2005, is adopted as a final
rule with the following changes:
0
1. The authority citation for 48 CFR parts 225 and 252 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 225--FOREIGN ACQUISITION
0
2. Section 225.003 is amended as follows:
0
a. In paragraph (5)(i)(B), by removing ``or'';
0
b. By redesignating paragraph (5)(ii) as paragraph (5)(iii); and
0
c. By adding a new paragraph (5)(ii) to read as follows:
225.003 Definitions.
* * * * *
(5) * * *
(ii) A foreign construction material that is not subject to
discriminatory treatment, due to the applicability of a trade agreement
to a particular acquisition; or
* * * * *
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.212-7001 [Amended]
0
3. Section 252.212-7001 is amended as follows:
0
a. By revising the clause date to read ``(DEC 2005)''; and
0
b. In paragraph (b), in entry ``252.225-7021'', by removing ``(JUN
2005)'' and adding in its place ``(DEC 2005)''.
252.225-7021 [Amended]
0
4. Section 252.225-7021 is amended as follows:
0
a. By revising the clause date to read ``(DEC 2005)''; and
0
b. In paragraph (a)(3)(ii), by removing ``Morocco,''.
0
5. Section 252.225-7045 is amended as follows:
0
a. By revising the clause date to read ``(DEC 2005)'';
0
b. In paragraph (a), in the definition of ``Designated country'', in
paragraph (2), by removing ``Morocco,''; and
0
c. By revising Alternate I to read as follows:
252.225-7045 Balance of Payments Program--Construction Material Under
Trade Agreements.
* * * * *
Alternate I (DEC 2005). As prescribed in 225.7503(b), delete the
definitions of ``designated country'' and ``designated country
construction material'' from the definitions in paragraph (a) of the
basic clause, add the following definition of ``Australian or Chilean
construction material'' to paragraph (a) of the basic clause, and
substitute the following paragraphs (b) and (c) for paragraphs (b) and
(c) of the basic clause:
Australian or Chilean construction material means a construction
material that--
(1) Is wholly the growth, product, or manufacture of Australia or
Chile; or
(2) In the case of a construction material that consists in whole
or in part of materials from another country, has been substantially
transformed in Australia or Chile into a new and different construction
material distinct from the materials from which it was transformed.
(b) This clause implements the Balance of Payments Program by
providing a preference for domestic construction material. In addition,
the Contracting Officer has determined that the WTO GPA and all Free
Trade Agreements except NAFTA apply to this acquisition. Therefore, the
Balance of Payments Program restrictions are waived for WTO GPA
country, Australian or Chilean, least developed country, or Caribbean
Basin country construction material.
(c) The Contractor shall use only domestic, WTO GPA country,
Australian or Chilean, least developed country, or Caribbean Basin
country construction material in performing this contract, except for--
(1) Construction material valued at or below the simplified
acquisition threshold in Part 2 of the Federal Acquisition Regulation;
or
(2) The construction material or components listed by the
Government as follows:
[Contracting Officer to list applicable excepted materials or indicate
``none'']
[FR Doc. 05-23722 Filed 12-8-05; 8:45 am]
BILLING CODE 5001-08-P