Submission for OMB Review; Federal Acquisition Regulation Buy American, Trade Agreements, and Duty-Free Entry, 48811-48812 [2017-22717]

Agencies

• DEPARTMENT OF DEFENSE
• General Services Administration
• National Aeronautics and Space Administration

[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)]
[Notices]
[Pages 48811-48812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22717]



[[Page 48811]]

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0024; Docket 2017-0053; Sequence 2]


Submission for OMB Review; Federal Acquisition Regulation Buy 
American, Trade Agreements, and Duty-Free Entry

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

ACTION: Notice of request for public comments regarding an extension to 
an existing OMB clearance.

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SUMMARY: Under the provisions of the Paperwork Reduction Act, the 
Regulatory Secretariat Division (MVCB) will be submitting to the Office 
of Management and Budget (OMB) a request for revision and an extension 
to existing OMB clearances regarding the Buy American statute, Trade 
Agreements, and duty-free entry. A notice was published in the Federal 
Register at 82 FR 35528 on July 31, 2017. No comments were received.

DATES: Submit comments on or before November 20, 2017.

ADDRESSES: Submit comments regarding this burden estimate or any other 
aspect of this collection of information, including suggestions for 
reducing this burden to: Office of Information and Regulatory Affairs 
of OMB, Attention: Desk Officer for GSA, Room 10236, NEOB, Washington, 
DC 20503. Additionally submit a copy to GSA by any of the following 
methods:
     Regulations.gov: https://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching the OMB 
control number 9000-0024. Select the link ``Comment Now'' that 
corresponds with ``Information Collection 9000-0024, Buy American, 
Trade Agreements, and Duty-Free Entry. Follow the instructions provided 
on the screen. Please include your name, company name (if any), and 
``Information Collection 9000-0024, Buy American, Trade Agreements, and 
Duty-Free Entry'' on your attached document.
     Mail: General Services Administration, Regulatory 
Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405. 
ATTN: Ms. Mandell/IC 9000-0024, Buy American, Trade Agreements, and 
Duty-Free Entry.
    Instructions: Please submit comments only and cite Information 
Collection 9000-0024, Buy American, Trade Agreements, and Duty-Free 
Entry, in all correspondence related to this collection. Comments 
received generally will be posted, without change, to https://www.regulations.gov, including any personal and/or business 
confidential 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. Cecelia L. Davis, Procurement 
Analyst, Acquisition Policy Division, GSA 202-219-0202 or email 
cecelia.davis@gsa.gov.

SUPPLEMENTARY INFORMATION:

A.

    This information collection requirement pertains to information 
that an offeror must submit in response to the requirements of the 
provisions and clauses in FAR 52.225 that relate to the following:
    * The Buy American statute (41 U.S.C. chapter 83 and E.O. 10582).
    * The Trade Agreements Act (19 U.S.C. 2501-2515), including the 
World Trade Organization Government Procurement Agreement and various 
free trade agreements.
    * The American Recovery and Reinvestment Act of 2009 (Pub. L. 111-
5) (Recovery Act).
    * Subchapters VIII and X of Chapter 98 of the Harmonized Tariff 
Schedule of the United States (19 U.S.C. 1202).
    a. 52.225-2, Buy American Certificate, as prescribed in FAR 
25.1101(a)(2), requires the offeror to identify in its proposal 
supplies that do not meet the definition of domestic end product. The 
Buy American statute does not apply to acquisitions of commercial 
information technology.
    b. 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act 
Certificate, as prescribed in FAR 25.1101(b)(2)(i), requires separate 
listing of foreign products that are eligible under a trade agreement, 
and listing of all other foreign end products.
    c. 52.225-6, Trade Agreements Certificate, as prescribed in FAR 
25.1101(c)(2), requires the offeror to certify that all end products 
are either U.S.-made or designated country end products, except as 
listed in paragraph (b) of the provision. Offerors are not allowed to 
provide other than a U.S.-made or designated country end product, 
unless the requirement is waived.
    d. Construction provisions and clauses:

 52.225-9, Buy American--Construction Materials
 52.225-10, Notice of Buy American Requirement--Construction 
Materials
 52.225-11, Buy American--Construction Materials under Trade 
Agreements
 52.225-12, Notice of Buy American Requirement--Construction 
Materials under Trade Agreements
 52.225-21, Required Use of American Iron, Steel and 
Manufactured Goods--Buy American--Construction Materials
 52.225-23, Required Use of American Iron, Steel and 
Manufactured Goods--Buy American--Construction Materials under Trade 
Agreements.

    The listed provisions and clauses, as prescribed in FAR 25.1102(a) 
through (e), provide that an offeror/contractor requesting to use 
foreign construction material due to unreasonable cost of domestic 
construction material shall provide adequate information to permit 
evaluation of the request.
    e. 52.225-8, Duty-Free Entry (formerly OMB clearance 9000-0022), as 
prescribed in FAR 25.1101(e), requires the contractor to notify the 
contracting officer when it purchases foreign supplies, in order to 
determine whether the supplies should be duty-free. In addition, all 
shipping documents and containers must specify certain information to 
assure the duty-free entry of the supplies.

B. Annual Reporting Burden

    1. Buy American and Trade Agreements--Supplies:
    FAR Clause 52.225-2, Buy American Certificate, requires the offeror 
to identify in its proposal supplies for use in the United States that 
do not meet the definition of domestic end product. The Buy American 
statute does not apply to acquisitions of commercial information 
technology.
    Respondents: 3,306.
    Responses per Respondent: 5.
    Total Responses: 16,530.
    Hours per Response: .25.
    Total Burden Hours: 4,133.

    FAR Clause 52.225-4, Buy American-Free Trade Agreements--Israeli 
Trade Act Certificate, requires separate listing of foreign products 
that are eligible under a trade agreement, and listing of all other 
foreign end products.
    Respondents: 1,977.
    Responses per Respondent: 5.
    Total Responses: 9,885.
    Hours per Response: .25.
    Total Burden Hours: 2,471.

    FAR Clause 52.225-6, Trade Agreements Certificate, requires the 
offeror to certify that all end products

[[Page 48812]]

are either U.S.-made or designated country end products, except as 
listed in paragraph (b) of the provision. Offerors are not allowed to 
provide other than a U.S.-made or designated country end product, 
unless the requirement is waived.
    Respondents: 397.
    Responses per Respondent: 2.
    Total Responses: 794.
    Hours per Response: .25.
    Total Burden Hours: 199.
    2. Buy American and Trade Agreements--Construction provisions and 
clauses provide that an offeror/contractor requesting to use foreign 
construction material due to unreasonable cost of domestic construction 
material shall provide adequate information to permit evaluation of the 
request.

--52.225-9, Buy American--Construction Materials
--52.225-10, Notice of Buy American Requirements--Construction 
Materials
--52.225-11, Buy American--Construction Materials under Trade 
Agreements
--52.225-12, Notice of Buy American Requirements--Construction 
Materials under Trade Agreements
--52.225-21, Required Use of American Iron, Steel and Manufactured 
Goods--Buy American--Construction Materials
--52.225-23, Required Use of American Iron, Steel and Manufactured 
Goods--Buy American--Construction Materials under Trade Agreements

    Respondents: 853.
    Responses per Respondent: 2.3.
    Total Responses: 1,990.
    Hours per Response: 5.
    Total Burden Hours: 10,045.
    3. Duty-Free Entry. The clause at FAR 52.225-8, Duty-Free Entry 
(formerly OMB clearance 9000-0022), is included in solicitations and 
contracts for supplies that may be imported into the United States and 
for which duty-free entry may be obtained in accordance with FAR 
25.903(a), if the value of the acquisition (1) exceeds the simplified 
acquisition threshold; or (2) does not exceed the simplified 
acquisition threshold, but the savings from waiving the duty is 
anticipated to be more than the administrative cost of waiving the 
duty. The contracting officer analyzes the information submitted by the 
contractor to determine whether or not supplies should enter the 
country duty-free.
    Respondents: 1,330.
    Responses per Respondent: 10.
    Total Responses: 13,300.
    Hours per Response: 0.5.
    Total Burden Hours: 6,650.
    4. Summary
    Respondents: 7,863.
    Responses per Respondent: 5.4.
    Total Responses: 42,499.
    Hours per Response: .5.
    Total Burden Hours: 23,497.

C. Public Comments

    Public comments are particularly invited on: Whether this 
collection of information is necessary for the proper performance of 
functions of the FAR, and whether it will have practical utility; 
whether our estimate of the public burden of this collection of 
information is accurate, and based on valid assumptions and 
methodology; ways to enhance the quality, utility, and clarity of the 
information to be collected; and ways in which we can minimize the 
burden of the collection of information on those who are to respond, 
through the use of appropriate technological collection techniques or 
other forms of information technology.
    Obtaining Copies of Proposals: Requesters may obtain a copy of the 
information collection documents from the General Services 
Administration, Regulatory Secretariat Division (MVCB), 1800 F Street 
NW., Washington, DC 20405, telephone 202-501-4755.
    Please cite OMB Control No. 9000-0024, Buy American, Trade 
Agreements, and Duty-Free Entry in all correspondence.

    Dated: October 16, 2017.
Lorin S. Curit,
Director, Federal Acquisition Policy Division, Office of Government-
wide Acquisition Policy, Office of Acquisition Policy, Office of 
Government-wide Policy.
[FR Doc. 2017-22717 Filed 10-19-17; 8:45 am]
BILLING CODE 6820-EP-P