Defense Acquisition Regulations System; Defense Federal Acquisition Regulation Supplement; Balance of Payments Program Exemption for Commercial Information Technology-Construction Material (DFARS Case 2009-D041), 32636 [2010-13522]

Agencies

• Defense Acquisition Regulations System
• DEPARTMENT OF DEFENSE

[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)]
[Proposed Rules]
[Page 32636]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13522]





[[Page 32635]]



-----------------------------------------------------------------------



Part IV











Department of Defense











-----------------------------------------------------------------------







Defense Acquisition Regulations System







-----------------------------------------------------------------------







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]]





-----------------------------------------------------------------------



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.



-----------------------------------------------------------------------



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: https://www.regulations.gov. Follow the 

instructions for submitting comments.

    E-mail: dfars@osd.mil. 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 https://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