Defense Federal Acquisition Regulation Supplement; Finland- Public Interest Exception to the Buy American Act, 32640-32641 [2010-13526]
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Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Rules and Regulations
government operations and procedures.
The interim rule does not impose any
additional requirements on small
businesses. Therefore, an Initial
Regulatory Flexibility Analysis has not
been performed. 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–D027) in
correspondence.
D. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the changes to the
DFARS do not impose information
collection requirements that require the
approval of the Office of Management
and Budget under 44 U.S.C. 3501, et
seq.
E. Determination To Issue an Interim
Rule
A determination has been made under
the authority of the Secretary of Defense
that urgent and compelling reasons exist
to promulgate this interim rule without
prior opportunity for public comment.
This action is necessary because the
statute became effective upon
enactment, and it is imperative that DoD
contracting officers be aware of the
limitations on interagency procurements
and the circumstances under which
certain programs need not be delayed by
such limitations. However, pursuant to
41 U.S.C. 418b and FAR 1.501–3, DoD
will consider public comments received
in response to this interim rule in the
formation of the final rule.
List of Subjects in 48 CFR Part 217
Government procurement.
Fiscal Year 2005 (Pub. L. 108–375),
section 801 of the National Defense
Authorization Act for Fiscal Year 2008
(Pub. L. 110–181), and section 806 of
the National Defense Authorization Act
for Fiscal Year 2010 (Pub. L. 111–84);
and
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■ 3. Section 217.7801 is amended by
adding the following definition in
appropriate alphabetical order:
(DFARS) to reflect a determination of
the Secretary of Defense that it is
inconsistent with the public interest to
apply the restrictions of the Buy
American Act to the acquisition of
articles, materials, and supplies
produced or manufactured in Finland.
DATES: Effective Date: June 8, 2010.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Williams, 703–602–0328.
SUPPLEMENTARY INFORMATION:
217.7801
A. Background
Definitions.
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Non-DoD agency that is an element of
the intelligence community means the
Office of the Director of National
Intelligence; the Central Intelligence
Agency; the intelligence elements of the
Federal Bureau of Investigation; the
intelligence elements of the Department
of Energy; the Bureau of Intelligence
and Research of the Department of State;
the Office of Intelligence and Analysis
of the Department of the Treasury; and
the elements of the Department of
Homeland Security concerned with the
analysis of intelligence information,
including the Office of Intelligence of
the Coast Guard.
■ 4. Section 217.7802 is amended by
adding paragraph (a)(3) to read as
follows:
217.7802
Policy.
(a) * * *
(3) The limitation in paragraph (a) of
this section does not apply to contracts
entered into by a non-DoD agency that
is an element of the intelligence
community for the performance of a
joint program conducted to meet the
needs of DoD and the non-DoD agency.
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[FR Doc. 2010–13525 filed 6–7–10; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations
System.
Defense Acquisition Regulations
System
Therefore, 48 CFR part 217 is
amended as follows:
48 CFR Part 225
■
PART 217—SPECIAL CONTRACTING
METHODS
1. The authority citation for 48 CFR
part 217 continues to read as follows:
emcdonald on DSK2BSOYB1PROD with RULES2
■
Authority: 41 U.S.C. 421 and 48 CFR
chapter 1.
2. Section 217.7800 is amended by
revising paragraph (a) to read as follows:
■
217.7800
Scope of subpart.
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(a) Implements section 854 of the
National Defense Authorization Act for
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[DFARS Case 2009–D022]
Defense Federal Acquisition
Regulation Supplement; Finland—
Public Interest Exception to the Buy
American Act
AGENCY: Defense Acquisition
Regulations System; Department of
Defense (DoD).
ACTION: Final rule.
SUMMARY: DoD is issuing this final rule
amending the Defense Federal
Acquisition Regulation Supplement
PO 00000
Frm 00004
Fmt 4701
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A reciprocal defense procurement
memorandum of understanding (RDP
MOU) between the government of
Finland and the Government of the
United States has been in effect since
1991. The governments have negotiated
and concluded a new RDP MOU to
provide an updated basis for continued
cooperation in defense procurement.
The RDP MOU provides that, in relation
to defense procurement, each country
will accord to the industries of the other
country treatment no less favorable than
that accorded to its own industries, to
the extent consistent with its laws,
regulations, and international
obligations.
The reciprocal opportunities that the
RDP MOU affords to the governments
and their defense industries enhances
mutual military readiness and promotes
standardization and interoperability of
equipment between the armed forces of
the two countries. Therefore, DoD has
made a blanket determination that it is
inconsistent with the public interest to
apply the restrictions of the Buy
American Act to the acquisition of
articles, materials, and supplies
produced or manufactured in Finland.
DoD is issuing this rule as a final rule
because this rule does not have a
significant effect beyond the internal
operating procedures of DoD and does
not have a significant cost or
administrative impact on contractors or
offerors. Therefore, public comment is
not required in accordance with 41
U.S.C. 418b(a).
‘‘Qualifying country’’ is defined at
225.003(10). The status as a qualifying
country entitles these countries to
various benefits, both as a matter of DoD
policy and as legislated by Congress.
The evaluation procedures at DFARS
subpart 225.5 treat all qualifying
country end products equally. Finland
is a qualifying country, as listed at
225.003(10), entitled to all these
benefits. However, at DFARS 225.872–1,
the qualifying countries are divided into
two lists. Most are listed in paragraph
(a), but a few are listed in paragraph (b).
For the countries in paragraph (a), DoD
has already made a blanket
E:\FR\FM\08JNR2.SGM
08JNR2
Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Rules and Regulations
determination of the inapplicability of
the Buy American Act to the acquisition
of end products from that country.
There is only one effect of a country
being listed in paragraph (b). Although
the evaluation procedures are the same,
regardless of which paragraph a country
is listed in, if an end product is from a
country listed in paragraph (b), when
purchasing the end product, the
contracting officer has to prepare an
individual determination and finding
that the end product is exempt from
application of the Buy American Act.
Over time, the qualifying countries in
paragraph (b) are moved to paragraph (a)
when all the conditions for arriving at
a blanket determination are met.
This final rule implements the recent
blanket determination by USD(AT&L) at
DFARS 225.872–1 by removing Finland
from the list of qualifying countries in
paragraph (b) and adding Finland to the
list of qualifying countries in paragraph
(a). This means that the contracting
officer no longer needs to prepare an
individual determination and findings
when making an award to an offeror of
an end product from Finland. However,
since Finland is a qualifying country,
this was a routine paperwork
requirement, and the removal of this
requirement only impacts the internal
operating procedures of the
Government.
This rule was subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule. This final rule
does not constitute a significant DFARS
revision within the meaning of FAR
1.501 and public comment is not
required in accordance with 41 U.S.C.
418b(a).
Authority: 41 U.S.C. 421 and 48 CFR
chapter 1.
2. Section 225.872–1 is amended by
revising paragraphs (a) and (b) to read
as follows:
■
225.872–1
General.
(a) As a result of memoranda of
understanding and other international
agreements, DoD has determined it
inconsistent with the public interest to
apply restrictions of the Buy American
Act or the Balance of Payments Program
to the acquisition of qualifying country
end products from the following
qualifying countries:
Australia
Belgium
Canada
Denmark
Egypt
Federal Republic of Germany
Finland
France
Greece
Israel
Italy
Luxembourg
Netherlands
Norway
Portugal
Spain
Sweden
Switzerland
Turkey
United Kingdom of Great Britain and
Northern Ireland.
(b) Individual acquisitions of
qualifying country end products from
the following qualifying country may,
on a purchase-by-purchase basis (see
225.872–4), be exempted from
application of the Buy American Act
and the Balance of Payments Program as
inconsistent with the public interest:
Austria
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[FR Doc. 2010–13526 Filed 6–7–10; 8:45 am]
BILLING CODE 5001–08–P
C. Paperwork Reduction Act
This rule does not impose any new
information collection requirements that
require the approval of the Office of
Management and Budget under 44
U.S.C. 3501, et seq.
DEPARTMENT OF DEFENSE
List of Subjects in 48 CFR Part 225
48 CFR Part 216
emcdonald on DSK2BSOYB1PROD with RULES2
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations
System.
Defense Federal Acquisition
Regulation Supplement; Letter
Contract Definitization Schedule
(DFARS Case 2007–D011)
PART 225—FOREIGN ACQUISITION
1. The authority citation for 48 CFR
part 225 continues to read as follows:
SUMMARY: DoD is adopting as final,
without change, a proposed rule
■
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17:31 Jun 07, 2010
Jkt 220001
AGENCY:
PO 00000
Frm 00005
Fmt 4701
Sfmt 4700
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to clarify requirements
regarding definitization of letter
contracts. The rule specifies that DoD
letter contracts will be definitized using
the DFARS procedures applicable to all
other undefinitized contract actions.
DATES: Effective Date: June 8, 2010.
FOR FURTHER INFORMATION CONTACT: Ms.
Meredith Murphy, Defense Acquisition
Regulations System, OUSD(AT&L)
DPAP(DARS), 3060 Defense Pentagon,
Room 3B855, Washington, DC 20301–
3060. Telephone 703–602–8383;
facsimile 703–602–0350. Please cite
DFARS Case 2007–D011.
SUPPLEMENTARY INFORMATION:
A. Background
DoD published a proposed rule at 74
FR 34292 on July 15, 2009, to clarify
requirements regarding definitization of
letter contracts. The period for public
comment closed on September 14, 2009.
The differences between section 16.603
of the Federal Acquisition Regulation
(FAR) and DFARS subpart 217.74
definitization requirements confused
the acquisition community. This final
rule clarifies at DFARS 216.603–2(c)(3)
that the definitization requirements at
DFARS 217.7404–3(a) apply to DoD
letter contracts instead of the
requirements at FAR 16.603–2(c)(3).
This approach provides consistency in
the manner in which DoD manages its
undefinitized contract actions, and is in
line with the specific provisions of 10
U.S.C. 2326 relating to DoD use of
undefinitized contract actions.
DoD received no comments on the
proposed rule. Therefore, DoD is
finalizing the proposed rule without
change.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993. This is not a major
rule.
B. Regulatory Flexibility Act
Defense Acquisition Regulations
System
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
Therefore, 48 CFR part 225 is
amended as follows:
■
32641
This 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 it
clarifies existing requirements
pertaining to undefinitized contract
actions.
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.
E:\FR\FM\08JNR2.SGM
08JNR2
]]>Agencies
[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)]
[Rules and Regulations]
[Pages 32640-32641]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13526]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 225
[DFARS Case 2009-D022]
Defense Federal Acquisition Regulation Supplement; Finland--
Public Interest Exception to the Buy American Act
AGENCY: Defense Acquisition Regulations System; Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing this final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to reflect a determination of
the Secretary of Defense that it is inconsistent with the public
interest to apply the restrictions of the Buy American Act to the
acquisition of articles, materials, and supplies produced or
manufactured in Finland.
DATES: Effective Date: June 8, 2010.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, 703-602-0328.
SUPPLEMENTARY INFORMATION:
A. Background
A reciprocal defense procurement memorandum of understanding (RDP
MOU) between the government of Finland and the Government of the United
States has been in effect since 1991. The governments have negotiated
and concluded a new RDP MOU to provide an updated basis for continued
cooperation in defense procurement. The RDP MOU provides that, in
relation to defense procurement, each country will accord to the
industries of the other country treatment no less favorable than that
accorded to its own industries, to the extent consistent with its laws,
regulations, and international obligations.
The reciprocal opportunities that the RDP MOU affords to the
governments and their defense industries enhances mutual military
readiness and promotes standardization and interoperability of
equipment between the armed forces of the two countries. Therefore, DoD
has made a blanket determination that it is inconsistent with the
public interest to apply the restrictions of the Buy American Act to
the acquisition of articles, materials, and supplies produced or
manufactured in Finland.
DoD is issuing this rule as a final rule because this rule does not
have a significant effect beyond the internal operating procedures of
DoD and does not have a significant cost or administrative impact on
contractors or offerors. Therefore, public comment is not required in
accordance with 41 U.S.C. 418b(a).
``Qualifying country'' is defined at 225.003(10). The status as a
qualifying country entitles these countries to various benefits, both
as a matter of DoD policy and as legislated by Congress. The evaluation
procedures at DFARS subpart 225.5 treat all qualifying country end
products equally. Finland is a qualifying country, as listed at
225.003(10), entitled to all these benefits. However, at DFARS 225.872-
1, the qualifying countries are divided into two lists. Most are listed
in paragraph (a), but a few are listed in paragraph (b). For the
countries in paragraph (a), DoD has already made a blanket
[[Page 32641]]
determination of the inapplicability of the Buy American Act to the
acquisition of end products from that country. There is only one effect
of a country being listed in paragraph (b). Although the evaluation
procedures are the same, regardless of which paragraph a country is
listed in, if an end product is from a country listed in paragraph (b),
when purchasing the end product, the contracting officer has to prepare
an individual determination and finding that the end product is exempt
from application of the Buy American Act. Over time, the qualifying
countries in paragraph (b) are moved to paragraph (a) when all the
conditions for arriving at a blanket determination are met.
This final rule implements the recent blanket determination by
USD(AT&L) at DFARS 225.872-1 by removing Finland from the list of
qualifying countries in paragraph (b) and adding Finland to the list of
qualifying countries in paragraph (a). This means that the contracting
officer no longer needs to prepare an individual determination and
findings when making an award to an offeror of an end product from
Finland. However, since Finland is a qualifying country, this was a
routine paperwork requirement, and the removal of this requirement only
impacts the internal operating procedures of the Government.
This rule was subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule. This
final rule does not constitute a significant DFARS revision within the
meaning of FAR 1.501 and public comment is not required in accordance
with 41 U.S.C. 418b(a).
C. Paperwork Reduction Act
This rule does not impose any new information collection
requirements that require the approval of the Office of Management and
Budget under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 225
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR part 225 is amended as follows:
PART 225--FOREIGN ACQUISITION
0
1. The authority citation for 48 CFR part 225 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
0
2. Section 225.872-1 is amended by revising paragraphs (a) and (b) to
read as follows:
225.872-1 General.
(a) As a result of memoranda of understanding and other
international agreements, DoD has determined it inconsistent with the
public interest to apply restrictions of the Buy American Act or the
Balance of Payments Program to the acquisition of qualifying country
end products from the following qualifying countries:
Australia
Belgium
Canada
Denmark
Egypt
Federal Republic of Germany
Finland
France
Greece
Israel
Italy
Luxembourg
Netherlands
Norway
Portugal
Spain
Sweden
Switzerland
Turkey
United Kingdom of Great Britain and Northern Ireland.
(b) Individual acquisitions of qualifying country end products from
the following qualifying country may, on a purchase-by-purchase basis
(see 225.872-4), be exempted from application of the Buy American Act
and the Balance of Payments Program as inconsistent with the public
interest: Austria
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[FR Doc. 2010-13526 Filed 6-7-10; 8:45 am]
BILLING CODE 5001-08-P
