Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Foreign Acquisition, 63461-63462 [2013-25024]

Agencies

• Defense Acquisition Regulations System
• DEPARTMENT OF DEFENSE

[Federal Register Volume 78, Number 206 (Thursday, October 24, 2013)]
[Notices]
[Pages 63461-63462]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25024]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

[Docket Number DARS-2013-0036]


Information Collection Requirement; Defense Federal Acquisition 
Regulation Supplement; Foreign Acquisition

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Notice and request for comments regarding a proposed extension 
of an approved information collection requirement.

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SUMMARY: In compliance with Section 3506(c)(2)(A) of the Paperwork 
Reduction Act of 1995 (44 U.S.C. Chapter 35), DoD announces the 
proposed extension of a public information collection requirement and 
seeks public comment on the provisions thereof. DoD invites comments 
on: (a) Whether the proposed collection of information is necessary for 
the proper performance of the functions of DoD, including whether the 
information will have practical utility; (b) the accuracy of the 
estimate of the burden of the proposed information collection; (c) ways 
to enhance the quality, utility, and clarity of the information to be 
collected; and (d) ways to minimize the burden of the information 
collection on respondents, including the use of automated collection 
techniques or other forms of information technology. The Office of 
Management and Budget (OMB) has approved this information collection 
requirement for use through January 31, 2014. DoD proposes that OMB 
extend its approval for use for three additional years.

DATES: DoD will consider all comments received by December 23, 2013.

ADDRESSES: You may submit comments, identified by OMB Control Number 
0704-0229, using any of the following methods:
    [cir] Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
    [cir] Email: dfars@osd.mil. Include OMB Control Number 0704-229 in 
the subject line of the message.
    [cir] Fax: (571) 372-6094.
    [cir] Mail: Defense Acquisition Regulations System, Attn: 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, (571) 372-6106. The 
information collection requirements addressed in this notice are 
available on the World Wide Web at: https://www.acq.osd.mil/dpap/dars/dfars/index.htm. Paper copies are available from Ms. Amy Williams, 
OUSD(AT&L)DPAP(DARS), 3060, Room 3B855, Defense Pentagon, Washington, 
DC 20301-30602.

SUPPLEMENTARY INFORMATION: 
    Title, Associated Form, and OMB Number: Foreign Acquisition--
Defense Federal Acquisition Regulation Supplement Part 225 and Related 
Clauses at 252.225; DD Form 2139; OMB Control Number 0704-0229.
    Needs and Uses: DoD needs this information to ensure compliance 
with restrictions on the acquisition of foreign products imposed by 
statute or policy to protect the industrial base; to ensure compliance 
with U.S. trade agreements and memoranda of understanding that promote 
reciprocal trade with U.S. allies; and to prepare reports for 
submission to the Department of Commerce on the Balance of Payments 
Program.
    Affected Public: Businesses or other for-profit and not-for-profit 
institutions.
    Annual Burden Hours: 64,256 (64,161 reporting hours and 95 
recordkeeping hours).
    Number of Respondents: 23,197.
    Responses per Respondent: 9.01.
    Annual Responses: 209,117.
    Average Burden per Response: .31 hours.
    Frequency: On occasion.

Summary of Information Collection

    This information collection includes requirements related to 
foreign acquisition in DFARS Part 225, Foreign Acquisition, and the 
related clause at DFARS 252.225.
    DFARS 252.225-7000, Buy American Act--Balance of Payments Program 
Certificate, as prescribed in 225.1101(1), requires an offeror to 
identify, in its proposal, supplies that are not domestic end products, 
separately listing qualifying country and other foreign end products.
    DFARS 252.225-7003, Report of Intended Performance Outside the 
United States and Canada--Submission with Offer, and 252.225-7004, 
Report of Intended Performance Outside the United States and Canada--
Submission after Award, as prescribed in 225.7204(a) and (b) 
respectively, require offerors and contractors to submit a Report of 
Contract Performance Outside the United States for subcontracts to be 
performed outside the United States. The reporting threshold is 
$550,000 for contracts that exceed $11.5 million. The contractor may 
submit the report on DD Form 2139, Report of Contract Performance 
Outside the United States, or a computer-generated report that contains 
all information required by DD Form 2139.
    DFARS 252.225-7005, Identification of Expenditures in the United 
States, as prescribed in 225.1103(1), requires contractors incorporated 
or located in the United States to identify, on each request for 
payment under contracts for supplies to be used, or for construction or 
services to be performed, outside the United States, that part of the 
requested payment representing estimated expenditures in the United 
States.
    DFARS 252.225-7006, Quarterly Reporting of Actual Contract 
Performance Outside the United States, as prescribed at 252.7204(c) for 
use in solicitations and contracts with a value exceeding $550,000, 
requires reporting

[[Page 63462]]

of subcontracts that exceed the simplified acquisition threshold.
    DFARS 252.225-7010, Commercial Derivative Military Article--
Specialty Metals Compliance Certificate, as prescribed at 225.7003-
5(b), requires the offeror to certify that it will take certain actions 
with regard to specialty metals if the offeror chooses to use the 
alternative compliance approach when providing commercial derivative 
military articles to the Government.
    DFARS 252.225-7013, Duty-Free Entry, as prescribed in 225.1101(4), 
requires the contractor to provide information on shipping documents 
and customs forms regarding products that are eligible for duty-free 
entry.
    DFARS 252.225-7018, Photovoltaic Devices--Certificate, as 
prescribed at 225.7017-4(b), requires offerors to certify that no 
photovoltaic devices with an estimated value exceeding $3,000 will be 
utilized in performance of the contract or to specify the country of 
origin.
    DFARS 252.225-7020, Trade Agreements Certificate, as prescribed in 
225.1101(5), requires an offeror to list the item number and country of 
origin of any nondesignated country end product that it intends to 
furnish under the contract. Either 252.225-7020 or 252.225-7022 is used 
in any solicitation for products subject to the World Trade 
Organization Government Procurement Agreement.
    DFARS 252.225-7021, Alternate II, Trade Agreements, as prescribed 
in 225.1101(6)(ii), in order to comply with a condition of the waiver 
authority provided by the United States Trade Representative to the 
Secretary of Defense, requires contractors from a south Caucasus/
central or south Asian state to inform the government of its 
participation in the acquisition and also advise their governments that 
they generally will not have such opportunities in the future unless 
their governments provide reciprocal procurement opportunities to U.S. 
products and services and suppliers of such products and services.
    DFARS 252.225-7023, Preference for Products or Services from 
Afghanistan, as prescribed in 225.7703-5(a), requires an offeror to 
identify, in its proposal, products or services that are not products 
or services from Iraq or Afghanistan.
    DFARS 252.225-7025, Restriction on Acquisition of Forgings, as 
prescribed in 225.7102-4, requires the contractor to retain records 
showing compliance with the requirement that end items and their 
components delivered under the contract contain forging items that are 
of domestic manufacture only. The contractor must retain the records 
for 3 years after final payment and must make the records available 
upon request of the contracting officer. The contractor may request a 
waiver of this requirement in accordance with DFARS 225.7102-3.
    DFARS 252.225-7032, Waiver of United Kingdom Levies--Evaluation of 
Offers, and 252.225-7033, Waiver of United Kingdom Levies, as 
prescribed in 225.1101(7) and (8), require an offeror to provide 
information to the contracting officer regarding any United Kingdom 
levies included in the offered price, and require the contractor to 
provide information to the contracting officer regarding any United 
Kingdom levies to be included in a subcontract that exceeds $1 million, 
before award of the subcontract.
    DFARS 252.225-7035, Buy American Act--North American Free Trade 
Agreement Implementation Act--Balance of Payments Program Certificate, 
as prescribed in 225.1101(9), requires an offeror to list any 
qualifying country, NAFTA country, or other foreign end product that it 
intends to furnish under the contract. The Buy American Act no longer 
applies to acquisitions of commercial information technology.
    DFARS 252.225-7046, Exports of Approved Community Members in 
Response to the Solicitation, requires a representation whether exports 
or transfers of qualifying defense articles were made in preparing the 
response to the solicitation. If yes, the offeror represents that such 
exports or transfers complied with the requirements of the provision.

Manuel Quinones,
Editor, Defense Acquisition Regulations System.
[FR Doc. 2013-25024 Filed 10-23-13; 8:45 am]
BILLING CODE 5001-06-P