Defense Federal Acquisition Regulation Supplement: Acquisition of the American Flag (DFARS Case 2015-D005), 10452-10454 [2015-03857]
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10452
Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Proposed Rules
rmajette on DSK2VPTVN1PROD with PROPOSALS
applies to television broadcast licensees
would apply to these stations. The SBA
defines a television broadcast station as
a small business if such station has no
more than $38.5 million in annual
receipts. As of September 30, 2014,
there are approximately 430 licensed
Class A stations and 2,115 licensed
LPTV stations. Given the nature of these
services, we will presume that all of
these licensees qualify as small entities
under the SBA definition. We note,
however, that under the SBA’s
definition, revenue of affiliates that are
not LPTV stations should be aggregated
with the LPTV station revenues in
determining whether a concern is small.
Our estimate may thus overstate the
number of small entities since the
revenue figure on which it is based does
not include or aggregate revenues from
non-LPTV affiliated companies.
D. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
55. There may be changes to reporting
or recordkeeping requirements if the
Commission adopts the RUFRN
proposal for Form 323 and/or Form
323–E. In the event that the RUFRN
proposal is adopted for the Form 323
and/or Form 323–E, filers will have the
option to obtain and report a unique
identifier for individual attributable
interest holders that does not require
submission of a full SSN to the
Commission. Adoption of this proposal
will allow an individual to obtain an
RUFRN from CORES by submitting an
alternate set of identifying information.
Individuals would not be required to
obtain or report an RUFRN on the Form
323 and/or Form 323–E—instead,
individuals could obtain and report a
CORES FRN. An individual who has
provided a CORES FRN on one or more
previous ownership filings may
continue to use that CORES FRN going
forward. There also may be changes to
reporting or recordkeeping requirements
if the Commission limits or eliminates
that availability of SUFRNs for
broadcast ownership reports. Filers may
be obligated to instruct individuals
about their obligation to supply the filer
with a CORES FRN or RUFRN or to
provide the filer with the information
sufficient to obtain one of these
identifiers on the individual’s behalf. A
filer may also be required to inform
individuals about potential enforcement
action for failure to obtain or report a
CORES FRN or RUFRN. Moreover, if a
filer reports an SUFRN for an individual
interest holder, the filer may be required
to show that the filer made reasonable
good faith efforts to obtain a CORES
FRN or RUFRN, or the information
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necessary to obtain a CORES FRN or
RUFRN, on the individual’s behalf.
E. Steps Taken To Minimize Significant
Impact on Small Entities, and
Significant Alternatives Considered
56. The RFA requires an agency to
describe any significant alternatives that
might minimize any significant
economic impact on small entities. Such
alternatives may include the following
four alternatives (among others): (1) The
establishment of differing compliance or
reporting requirements or timetables
that take into account the resources
available to small entities; (2) the
clarification, consolidation, or
simplification of compliance and
reporting requirements under the rule
for small entities; (3) the use of
performance, rather than design,
standards; and (4) an exemption from
coverage of the rule, or any part thereof,
for small entities.
57. As noted, we are directed under
law to describe any such alternatives we
consider, including alternatives not
explicitly listed above. The Notice
proposes to allow individuals reported
on Form 323 to obtain and provide an
RUFRN in lieu of a traditional CORES
FRN. Similarly, the Notice proposes
making RUFRNs available to Form 323–
E filers in the event that Form 323–E is
modified as proposed in the Fourth
Diversity Further Notice. The Notice
also proposes eliminating the
availability of SUFRNs for Form 323
and Form 323–E filings. In the
alternative, the Commission could
decide not to enact the RUFRN proposal
contained in the Notice and not to
modify the availability of SUFRNs. The
Commission also could defer these
actions until a later time. Additionally,
the Commission could decide to treat
noncommercial broadcasters differently
from commercial broadcast stations for
purposes of uniquely identifying and
tracking individual attributable interest
holders reported on the 323–E. While
decisions to adopt the RUFRN proposal
and eliminate the Special Use FRN
might result in increased burdens on
reporting parties, the Notice tentatively
concludes that any such burdens would
be minimal and that the benefits of
having a unique identifier for data
quality, searchability, cross-referencing
and aggregation purposes in order to
further the Commission’s goal of
advancing diversity of ownership in the
broadcast industry would outweigh
those burdens. A unique identifier is
necessary to improve the quality of the
data collected on the Form 323. The
Commission also seeks comment on
whether the Special Use FRN should be
available solely in instances where, after
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reasonable and good faith efforts, filers
are unable to obtain a CORES FRN or
RUFRN from an individual with
reportable interests. This alternative
could reduce the burden for those filers
who are unable to, after reasonable and
good faith efforts, to obtain a CORES
FRN or RUFRN from an individual
attributable interest holder, while
ensuring that the filer will be able to
timely submit the Form 323. This will
allow the Commission to identify the
individual with a reportable interest
that has failed to provide a CORES FRN
or RUFRN.
F. Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rules
58. None.
VI. Ordering Clauses
59. Accordingly, it is ordered that,
pursuant to the authority contained in
sections 1, 2(a), 4(i,j), 257, and 303(r) of
the Communications Act of 1934, as
amended, 47 U.S.C. 151, 152(a), 154(i)(j), 257, and 303(r), the Second FNPRM
and Seventh FNPRM is adopted.
60. It is further ordered that, pursuant
to the authority contained in sections 1,
2(a), 4(i, j), 257, and 303(r) of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 152(a), 154(i,
j), 257, 303(r), notice is hereby given of
the proposals described in this Second
FNPRM and Seventh FNPRM.
61. It is further ordered that the
Commission’s Consumer &
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
the Second FNPRM and Seventh
FNPRM, including the Initial Regulatory
Flexibility Analysis, to the Chief
Counsel for Advocacy of the Small
Business Administration.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2015–03988 Filed 2–25–15; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 205, 212, 225, and 252
RIN 0750–AI51
Defense Federal Acquisition
Regulation Supplement: Acquisition of
the American Flag (DFARS Case 2015–
D005)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
AGENCY:
E:\FR\FM\26FEP1.SGM
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Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Proposed Rules
ACTION:
Proposed rule.
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
implement sections of the Department
of Defense Appropriations Acts for
Fiscal Year (FY) 2014 and FY 2015 that
prohibit use of funds made available
under the acts for the purchase or
manufacture of a flag of the United
States, unless such flag is manufactured
in the United States.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before April
27, 2015, to be considered in the
formation of a final rule.
ADDRESSES: Submit comments
identified by DFARS Case 2015–D005,
using any of the following methods:
Æ Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
entering ‘‘DFARS Case 2015–D005’’
under the heading ‘‘Enter keyword or
ID’’ and selecting ‘‘Search.’’ Select the
link ‘‘Submit a Comment’’ that
corresponds with ‘‘DFARS Case 2015–
D005.’’ Follow the instructions provided
at the ‘‘Submit a Comment’’ screen.
Please include your name, company
name (if any), and ‘‘DFARS Case 2015–
D005’’ on your attached document.
Æ Email: osd.dfars@mail.mil. Include
DFARS Case 2015–D005 in the subject
line of the message.
Æ Fax: 571–372–6094.
Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. Amy G.
Williams, OUSD(AT&L)DPAP/DARS,
Room 3B941, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided. To
confirm receipt of your comment(s),
please check www.regulations.gov,
approximately two to three days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: Ms.
Amy G. Williams, telephone 571–372–
6106.
SUMMARY:
SUPPLEMENTARY INFORMATION:
rmajette on DSK2VPTVN1PROD with PROPOSALS
I. Background
DoD is proposing to amend the
DFARS to implement sections 8123 of
the Department of Defense
Appropriations Act, 2014 (Division C,
Title VIII of Pub. L. 113–76) and section
8119 of the Department of Defense
Appropriations Act, 2015 (Division C,
Title VIII of Pub. L. 113–235). These
sections prohibit the use of funds
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appropriated under those acts for the
purchase or manufacture of a flag of the
United States unless such flag is treated
as a covered item under 10 U.S.C.
2533a(b) (commonly known as the Berry
Amendment). With some exceptions,
the Berry Amendment restricts the
purchase of certain items of food,
clothing, fabrics, and hand or measuring
tools (whether as end products or
components), unless the items have
been grown, reprocessed, reused, or
produced in the United States.
II. Discussion and Analysis
The Berry Amendment is
implemented in DFARS 225.7002 and
associated clauses DFARS 252.225–7012
and 252.225–7015.
This rule proposes to amend DFARS
225–7002–1, 225–7002–2, and
225.7002–3, and add a new clause at
252.225–70XX, Acquisition of the
American Flag. Conforming changes are
also required in DFARS 212.301(f) to
apply the new clause to the acquisition
of commercial items. Since most, if not
all, flags are commercial items, this
statute would be without affect if not
applied to commercial items.
Furthermore, this is an appropriations
act restriction, which specifically
prohibits the expenditure of any funds
appropriated under these acts, unless
the flags to be acquired are
manufactured in the United States
(regardless of whether the flags are
commercial items.)
III. 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.
IV. Regulatory Flexibility Act
DoD does not expect this proposed
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. based on a review of historical
purchasing data. However, an initial
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10453
regulatory flexibility analysis has been
performed and is summarized as
follows:
This rule is necessary to implement
sections 8123 and 8119 of the DoD
Appropriations Acts for FYs 2014 and
2015, respectively, and the same
provision in subsequent DoD
appropriations acts.
The objective of the rule is to prohibit
acquisition of a flag of the United States
(Product or Service Code 8345), unless
such flag, including the materials and
components thereof, is manufactured in
the United States, consistent with the
requirements at 10 U.S.C. 2533a. The
legal basis for the rule is sections 8123
and 8119 of the DoD Appropriations
Acts for FYs 2014 and 2015 (Division C
of Pub. Laws 113–76 and 113–235,
respectively.
Based on FY 2013 Federal
Procurement Data System data, there
was only one acquisition of flags from
a small business that exceeded the
simplified acquisition threshold. There
are no projected reporting or
recordkeeping requirements. The rule
only requires that if a contractor is to
provide flags of the United States to
DoD under a contract that exceeds the
simplified acquisition threshold, the
flags must be manufactured in the
United States.
The rule does not duplicate, overlap,
or conflict with any other Federal rules.
There are no significant alternatives that
meet the requirement of the statute.
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 2015–D005), in
correspondence.
V. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Parts 205,
212, 225, and 252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 205, 212, 225,
and 252 are proposed to be amended as
follows:
■ 1. The authority citation for parts 205,
212, 225, and 252 continues to read as
follows:
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10454
Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Proposed Rules
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 205—PUBLICIZING CONTRACT
ACTIONS
205.301
d. In the newly redesignated
paragraph (1)(iii), further redesignating
paragraphs (i) through (iii) as
paragraphs (1)(iii)(A) through (C),
respectively;
■ e. In the newly redesignated
paragraph (1)(x), removing ‘‘(Federal
Supply Class 8465)’’ and adding
‘‘(Product or Service Code (PSC) 8465)’’
in its place, and removing ‘‘paragraph
(a)’’ and adding ‘‘paragraph (a)(1)’’ in its
place;
■ f. In the newly redesignated paragraph
(2), removing ‘‘see PGI 225.7002–1(b)’’
and adding ‘‘see PGI 225.7002–1(a)(2)’’
in its place; and
■ g. Adding a new paragraph (b).
The addition reads as follows:
■
[Amended]
2. Amend section 205.301, in
paragraph (a)(S–70)(i) introductory text
by removing ‘‘225.7002–1(a)(2) through
(10)’’ and adding ‘‘225.7002–1(a)(1)(ii)
through (x)’’ in its place.
■
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
3. Amend section 212.301, by adding
paragraph (f)(ix)(CC) to read as follows:
■
212.301 Solicitation provisions and
contract clauses for the acquisition of
commercial items.
225.7002–1
Restrictions.
*
(f) * * *
(ix) * * *
(CC) Use the clause at 252.225–70XX,
Acquisition of the American Flag, as
prescribed in 225.7002–3(c), to comply
with section 8123 of the DoD
Appropriations Act, 2014 (Pub. L. 113–
76, Division C, Title VIII), and the same
provision in subsequent DoD
appropriations acts.
*
*
*
*
*
*
*
*
*
(b) In accordance with section 8123 of
the Department of Defense
Appropriations Act, 2014 (Pub. L. 113–
76, Division C, Title VIII), and the same
provision in subsequent Defense
appropriations acts, except as provided
in 225.7002–2, do not acquire a flag of
the United States (PSC 8345), unless
such flag, including the materials and
components thereof, is manufactured in
the United States, consistent with the
requirements at 10 U.S.C. 2533a.
PART 225—FOREIGN ACQUISITION
225.7002–2
4. Revise the section 225.7002
heading to read as follows:
■
■
■
225.7002 Restrictions on food, clothing,
fabrics, hand or measuring tools, and flags.
5. Amend section 225.7002–1 by—
a. Redesignating paragraphs (a) and
(b) as (1) and (2), respectively;
■ b. Redesignating the introductory text
as paragraph (a);
■ c. In the newly redesignated
paragraph (1), further redesignating
paragraphs (1) through (10) as (1)(i)
through (x), respectively;
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■
■
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[Amended]
6. Amend section 225.7002–2 by—
a. In paragraph (l), removing ‘‘Section
8118’’ and adding ‘‘section 8118’’ in its
place;
■ b. In paragraph (m)(1)(i), removing
‘‘Federal Supply Group’’ and adding
‘‘Product or Service Group (PSG)’’ in its
place;
■ c. In paragraph (m)(1)(ii), removing
‘‘Federal Supply Group’’ and adding
‘‘PSG’’ in its place in two places; and
■ d. In paragraph (m)(1)(iv), removing
‘‘Federal Supply Class’’ and adding
‘‘PSC’’ in its place.
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7. Amend section 225.7002–3 by
adding a new paragraph (c) to read as
follows:
■
225.7002–3
Contract clauses.
*
*
*
*
*
(c) Use the clause at 252.225–70XX,
Acquisition of the American Flag, in
solicitations and contracts, including
solicitations and contracts using FAR
part 12 procedures for the acquisition of
commercial items, that are for the
acquisition of the American flag, with
an estimated value that exceeds the
simplified acquisition threshold.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
8. Add section 252.225–70XX to read
as follows:
■
252.225–70XX
Flag.
Acquisition of the American
As prescribed in 225.7002–3(c), use
the following clause:
ACQUISITION OF THE AMERICAN FLAG
(DATE)
(a) Definition. United States, as used in this
clause, means the 50 States, the District of
Columbia, and outlying areas.
(b) If the Contractor is required to deliver
under this contract one or more American
flags (Product or Service Code 8345), such
flag(s), including the materials and
components thereof, shall be manufactured
in the United States, consistent with the
requirements at 10 U.S.C. 2533a (commonly
known as the ‘‘Berry Amendment’’).
(c) This clause does not apply to the
acquisition of any end items or components
related to flying or displaying the flag (e.g.,
flagpoles and accessories).
(End of clause)
[FR Doc. 2015–03857 Filed 2–25–15; 8:45 am]
BILLING CODE 5001–06–P
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]]>Agencies
[Federal Register Volume 80, Number 38 (Thursday, February 26, 2015)]
[Proposed Rules]
[Pages 10452-10454]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03857]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 205, 212, 225, and 252
RIN 0750-AI51
Defense Federal Acquisition Regulation Supplement: Acquisition of
the American Flag (DFARS Case 2015-D005)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
[[Page 10453]]
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to implement sections of the Department
of Defense Appropriations Acts for Fiscal Year (FY) 2014 and FY 2015
that prohibit use of funds made available under the acts for the
purchase or manufacture of a flag of the United States, unless such
flag is manufactured in the United States.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before April 27, 2015, to be considered
in the formation of a final rule.
ADDRESSES: Submit comments identified by DFARS Case 2015-D005, using
any of the following methods:
[cir] Regulations.gov: https://www.regulations.gov. Submit comments
via the Federal eRulemaking portal by entering ``DFARS Case 2015-D005''
under the heading ``Enter keyword or ID'' and selecting ``Search.''
Select the link ``Submit a Comment'' that corresponds with ``DFARS Case
2015-D005.'' Follow the instructions provided at the ``Submit a
Comment'' screen. Please include your name, company name (if any), and
``DFARS Case 2015-D005'' on your attached document.
[cir] Email: osd.dfars@mail.mil. Include DFARS Case 2015-D005 in
the subject line of the message.
[cir] Fax: 571-372-6094.
[cir] Mail: Defense Acquisition Regulations System, Attn: Ms. Amy
G. Williams, OUSD(AT&L)DPAP/DARS, Room 3B941, 3060 Defense Pentagon,
Washington, DC 20301-3060.
Comments received generally will be posted without change to https://www.regulations.gov, including any personal information provided. To
confirm receipt of your comment(s), please check www.regulations.gov,
approximately two to three days after submission to verify posting
(except allow 30 days for posting of comments submitted by mail).
FOR FURTHER INFORMATION CONTACT: Ms. Amy G. Williams, telephone 571-
372-6106.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is proposing to amend the DFARS to implement sections 8123 of
the Department of Defense Appropriations Act, 2014 (Division C, Title
VIII of Pub. L. 113-76) and section 8119 of the Department of Defense
Appropriations Act, 2015 (Division C, Title VIII of Pub. L. 113-235).
These sections prohibit the use of funds appropriated under those acts
for the purchase or manufacture of a flag of the United States unless
such flag is treated as a covered item under 10 U.S.C. 2533a(b)
(commonly known as the Berry Amendment). With some exceptions, the
Berry Amendment restricts the purchase of certain items of food,
clothing, fabrics, and hand or measuring tools (whether as end products
or components), unless the items have been grown, reprocessed, reused,
or produced in the United States.
II. Discussion and Analysis
The Berry Amendment is implemented in DFARS 225.7002 and associated
clauses DFARS 252.225-7012 and 252.225-7015.
This rule proposes to amend DFARS 225-7002-1, 225-7002-2, and
225.7002-3, and add a new clause at 252.225-70XX, Acquisition of the
American Flag. Conforming changes are also required in DFARS 212.301(f)
to apply the new clause to the acquisition of commercial items. Since
most, if not all, flags are commercial items, this statute would be
without affect if not applied to commercial items. Furthermore, this is
an appropriations act restriction, which specifically prohibits the
expenditure of any funds appropriated under these acts, unless the
flags to be acquired are manufactured in the United States (regardless
of whether the flags are commercial items.)
III. 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.
IV. Regulatory Flexibility Act
DoD does not expect this proposed 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. based
on a review of historical purchasing data. However, an initial
regulatory flexibility analysis has been performed and is summarized as
follows:
This rule is necessary to implement sections 8123 and 8119 of the
DoD Appropriations Acts for FYs 2014 and 2015, respectively, and the
same provision in subsequent DoD appropriations acts.
The objective of the rule is to prohibit acquisition of a flag of
the United States (Product or Service Code 8345), unless such flag,
including the materials and components thereof, is manufactured in the
United States, consistent with the requirements at 10 U.S.C. 2533a. The
legal basis for the rule is sections 8123 and 8119 of the DoD
Appropriations Acts for FYs 2014 and 2015 (Division C of Pub. Laws 113-
76 and 113-235, respectively.
Based on FY 2013 Federal Procurement Data System data, there was
only one acquisition of flags from a small business that exceeded the
simplified acquisition threshold. There are no projected reporting or
recordkeeping requirements. The rule only requires that if a contractor
is to provide flags of the United States to DoD under a contract that
exceeds the simplified acquisition threshold, the flags must be
manufactured in the United States.
The rule does not duplicate, overlap, or conflict with any other
Federal rules. There are no significant alternatives that meet the
requirement of the statute.
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 2015-D005), in
correspondence.
V. Paperwork Reduction Act
The rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Parts 205, 212, 225, and 252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 205, 212, 225, and 252 are proposed to be
amended as follows:
0
1. The authority citation for parts 205, 212, 225, and 252 continues to
read as follows:
[[Page 10454]]
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 205--PUBLICIZING CONTRACT ACTIONS
205.301 [Amended]
0
2. Amend section 205.301, in paragraph (a)(S-70)(i) introductory text
by removing ``225.7002-1(a)(2) through (10)'' and adding ``225.7002-
1(a)(1)(ii) through (x)'' in its place.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
0
3. Amend section 212.301, by adding paragraph (f)(ix)(CC) to read as
follows:
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
(f) * * *
(ix) * * *
(CC) Use the clause at 252.225-70XX, Acquisition of the American
Flag, as prescribed in 225.7002-3(c), to comply with section 8123 of
the DoD Appropriations Act, 2014 (Pub. L. 113-76, Division C, Title
VIII), and the same provision in subsequent DoD appropriations acts.
* * * * *
PART 225--FOREIGN ACQUISITION
0
4. Revise the section 225.7002 heading to read as follows:
225.7002 Restrictions on food, clothing, fabrics, hand or measuring
tools, and flags.
0
5. Amend section 225.7002-1 by--
0
a. Redesignating paragraphs (a) and (b) as (1) and (2), respectively;
0
b. Redesignating the introductory text as paragraph (a);
0
c. In the newly redesignated paragraph (1), further redesignating
paragraphs (1) through (10) as (1)(i) through (x), respectively;
0
d. In the newly redesignated paragraph (1)(iii), further redesignating
paragraphs (i) through (iii) as paragraphs (1)(iii)(A) through (C),
respectively;
0
e. In the newly redesignated paragraph (1)(x), removing ``(Federal
Supply Class 8465)'' and adding ``(Product or Service Code (PSC)
8465)'' in its place, and removing ``paragraph (a)'' and adding
``paragraph (a)(1)'' in its place;
0
f. In the newly redesignated paragraph (2), removing ``see PGI
225.7002-1(b)'' and adding ``see PGI 225.7002-1(a)(2)'' in its place;
and
0
g. Adding a new paragraph (b).
The addition reads as follows:
225.7002-1 Restrictions.
* * * * *
(b) In accordance with section 8123 of the Department of Defense
Appropriations Act, 2014 (Pub. L. 113-76, Division C, Title VIII), and
the same provision in subsequent Defense appropriations acts, except as
provided in 225.7002-2, do not acquire a flag of the United States (PSC
8345), unless such flag, including the materials and components
thereof, is manufactured in the United States, consistent with the
requirements at 10 U.S.C. 2533a.
225.7002-2 [Amended]
0
6. Amend section 225.7002-2 by--
0
a. In paragraph (l), removing ``Section 8118'' and adding ``section
8118'' in its place;
0
b. In paragraph (m)(1)(i), removing ``Federal Supply Group'' and adding
``Product or Service Group (PSG)'' in its place;
0
c. In paragraph (m)(1)(ii), removing ``Federal Supply Group'' and
adding ``PSG'' in its place in two places; and
0
d. In paragraph (m)(1)(iv), removing ``Federal Supply Class'' and
adding ``PSC'' in its place.
0
7. Amend section 225.7002-3 by adding a new paragraph (c) to read as
follows:
225.7002-3 Contract clauses.
* * * * *
(c) Use the clause at 252.225-70XX, Acquisition of the American
Flag, in solicitations and contracts, including solicitations and
contracts using FAR part 12 procedures for the acquisition of
commercial items, that are for the acquisition of the American flag,
with an estimated value that exceeds the simplified acquisition
threshold.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
8. Add section 252.225-70XX to read as follows:
252.225-70XX Acquisition of the American Flag.
As prescribed in 225.7002-3(c), use the following clause:
ACQUISITION OF THE AMERICAN FLAG (DATE)
(a) Definition. United States, as used in this clause, means the
50 States, the District of Columbia, and outlying areas.
(b) If the Contractor is required to deliver under this contract
one or more American flags (Product or Service Code 8345), such
flag(s), including the materials and components thereof, shall be
manufactured in the United States, consistent with the requirements
at 10 U.S.C. 2533a (commonly known as the ``Berry Amendment'').
(c) This clause does not apply to the acquisition of any end
items or components related to flying or displaying the flag (e.g.,
flagpoles and accessories).
(End of clause)
[FR Doc. 2015-03857 Filed 2-25-15; 8:45 am]
BILLING CODE 5001-06-P
