Federal Acquisition Regulation; Buy American Exemption for Commercial Information Technology-Construction Material, 31415 [2011-12854]

Download as PDF Federal Register / Vol. 76, No. 104 / Tuesday, May 31, 2011 / Rules and Regulations Offeror Representations and Certifications— Commercial Items (May 2011) DEPARTMENT OF DEFENSE * GENERAL SERVICES ADMINISTRATION * * * * * * * (a) * * * * * Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874. * * * * * Subsidiary means an entity in which more than 50 percent of the entity is owned— (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. * * * * * (n) Prohibition on Contracting with Inverted Domestic Corporations—(1) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code 25 U.S.C. 7874. (2) Representation. By submission of its offer, the offeror represents that— (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation. * * * * * 9. Amend section 52.212–5 by revising the date of the clause; redesignating paragraphs (b)(7) through (48) as (b)(8) through (49), respectively; and adding a new paragraph (b)(7) to read as follows: ■ 52.212–5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items. * * * * * Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Items (May 2011) srobinson on DSK4SPTVN1PROD with RULES2 * * * * * (b) * * * l(7) 52.209–10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Public Law 111–117, section 743 of Division D of Public Law 111–8, and section 745 of Division D of Public Law 110–161) * * * * * [FR Doc. 2011–12853 Filed 5–27–11; 8:45 am] BILLING CODE 6820–EP–P VerDate Mar<15>2010 17:35 May 27, 2011 Jkt 223001 31415 48 CFR Parts 25 and 52 and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. [FAC 2005–52; FAR Case 2009–039; Item IV; Docket 2010–0104, Sequence 1] III. Regulatory Flexibility Act RIN 9000–AL62 The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration certify 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 simplifies the treatment of construction material that is also a commercial information technology item, which constitutes a small percentage of the overall construction material in a project. This final rule does not affect small business set-asides to the prime contractor or the small business subcontracting goals. Construction contracts that exceed $7,804,000 and are subject to trade agreements already exempt designated country construction material from the Buy American Act. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Federal Acquisition Regulation; Buy American Exemption for Commercial Information Technology—Construction Material Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. AGENCY: DoD, GSA, and NASA have adopted as final, without change, an interim rule amending the Federal Acquisition Regulation (FAR) to implement section 615 of Division C, Title VI, of the Consolidated Appropriations Act, 2010, to authorize exemption from the Buy American Act for acquisition of information technology that is a commercial item. DATES: Effective Date: May 31, 2011. FOR FURTHER INFORMATION CONTACT: Ms. Cecelia L. Davis, Procurement Analyst, at (202) 219–0202 for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at (202) 501– 4755. Please cite FAC 2005–52, FAR Case 2009–039. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background DoD, GSA, and NASA published an interim rule in the Federal Register at 75 FR 60266 on September 29, 2010, to implement section 615 of the Division C, Title VI, of the Consolidated Appropriations Act, 2010 (Pub. L. 111– 117). No comments were received by the close of the public comment period on November 29, 2010. II. Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs PO 00000 Frm 00023 Fmt 4701 Sfmt 9990 IV. Paperwork Reduction Act The Paperwork Reduction Act (44 U.S.C. chapter 35) does apply; however, these changes to the FAR do not impose additional information collection requirements to the paperwork burden previously approved under OMB Control Number 9000–0141, titled: Buy America Act—Construction—FAR Sections Affected: Subpart 25.2; 52.225– 9; and 52.225–11. List of Subjects in 48 CFR Parts 25 and 52 Government procurement. Dated: May 18, 2011. Millisa Gary, Acting Director, Office of Governmentwide Acquisition Policy. Interim Rule Adopted as Final Without Change Accordingly, the interim rule amending 48 CFR parts 25 and 52, which was published in the Federal Register at 75 FR 60266 on September 29, 2010, is adopted as final without change. [FR Doc. 2011–12854 Filed 5–27–11; 8:45 am] BILLING CODE 6820–EP–P E:\FR\FM\31MYR2.SGM 31MYR2

Agencies

[Federal Register Volume 76, Number 104 (Tuesday, May 31, 2011)]
[Rules and Regulations]
[Page 31415]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12854]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 25 and 52

[FAC 2005-52; FAR Case 2009-039; Item IV; Docket 2010-0104, Sequence 1]
RIN 9000-AL62


Federal Acquisition Regulation; Buy American Exemption for 
Commercial Information Technology--Construction Material

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: DoD, GSA, and NASA have adopted as final, without change, an 
interim rule amending the Federal Acquisition Regulation (FAR) to 
implement section 615 of Division C, Title VI, of the Consolidated 
Appropriations Act, 2010, to authorize exemption from the Buy American 
Act for acquisition of information technology that is a commercial 
item.

DATES:  Effective Date: May 31, 2011.

FOR FURTHER INFORMATION CONTACT: Ms. Cecelia L. Davis, Procurement 
Analyst, at (202) 219-0202 for clarification of content. For 
information pertaining to status or publication schedules, contact the 
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-52, FAR 
Case 2009-039.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD, GSA, and NASA published an interim rule in the Federal 
Register at 75 FR 60266 on September 29, 2010, to implement section 615 
of the Division C, Title VI, of the Consolidated Appropriations Act, 
2010 (Pub. L. 111-117). No comments were received by the close of the 
public comment period on November 29, 2010.

II. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

III. Regulatory Flexibility Act

    The Department of Defense, the General Services Administration, and 
the National Aeronautics and Space Administration certify 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 simplifies the 
treatment of construction material that is also a commercial 
information technology item, which constitutes a small percentage of 
the overall construction material in a project. This final rule does 
not affect small business set-asides to the prime contractor or the 
small business subcontracting goals. Construction contracts that exceed 
$7,804,000 and are subject to trade agreements already exempt 
designated country construction material from the Buy American Act.

IV. Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. chapter 35) does apply; 
however, these changes to the FAR do not impose additional information 
collection requirements to the paperwork burden previously approved 
under OMB Control Number 9000-0141, titled: Buy America Act--
Construction--FAR Sections Affected: Subpart 25.2; 52.225-9; and 
52.225-11.

List of Subjects in 48 CFR Parts 25 and 52

    Government procurement.

    Dated: May 18, 2011.
Millisa Gary,
Acting Director, Office of Governmentwide Acquisition Policy.

Interim Rule Adopted as Final Without Change

    Accordingly, the interim rule amending 48 CFR parts 25 and 52, 
which was published in the Federal Register at 75 FR 60266 on September 
29, 2010, is adopted as final without change.

[FR Doc. 2011-12854 Filed 5-27-11; 8:45 am]
BILLING CODE 6820-EP-P