Information Collection Requirement; Defense Federal Acquisition Regulation Supplement (DFARS) Part 225, Foreign Acquisition and Related Clauses, 19099-19100 [2023-06525]
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Federal Register / Vol. 88, No. 61 / Thursday, March 30, 2023 / Notices
DoD will consider all comments
received by May 30, 2023.
ADDRESSES: You may submit comments,
identified by OMB Control Number
0704–0225, using any of the following
methods:
Æ Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Æ Email: osd.dfars@mail.mil. Include
OMB Control Number 0750–0001 in the
subject line of the message.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms.
Heather Kitchens, at 571–296–7152.
SUPPLEMENTARY INFORMATION:
Title and OMB Number: Defense
Federal Acquisition Regulation
Supplement (DFARS), Part 204,
Administrative Matters and Related
Clause at 252.204; OMB Control
Number 0704–0225.
Affected Public: Businesses or other
for-profit and not-for profit institutions.
Respondent’s Obligation: Required to
obtain or retain benefits.
Frequency: On occasion.
Number of Respondents: 236.
Responses per Respondent:
Approximately 1.56.
Annual Responses: 369.
Average Burden per Response:
Approximately 3 hours.
Annual Burden Hours: 1,107.
Needs and Uses: DFARS 204.404–
70(a) prescribes use of DFARS clause
252.204–7000, Disclosure of
Information, in contracts that require
the contractor to access or generate
unclassified information that may be
sensitive and inappropriate for release
to the public. The clause requires the
contractor to obtain approval of the
contracting officer before release of any
unclassified contract-related
information outside the contractor’s
organization, unless the information is
already in the public domain. In
requesting this approval, the contractor
must identify the specific information to
be released, the medium to be used, and
the purpose for the release. Upon
receipt of a contractor’s request, the
Government reviews the information
provided by the contractor to determine
if it is sensitive or otherwise
inappropriate for release for the stated
purpose.
lotter on DSK11XQN23PROD with NOTICES1
DATES:
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
[FR Doc. 2023–06591 Filed 3–29–23; 8:45 am]
BILLING CODE 5001–06–P
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17:22 Mar 29, 2023
Jkt 259001
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
[Docket Number DARS–2023–0014; OMB
Control Number 0704–0229]
Information Collection Requirement;
Defense Federal Acquisition
Regulation Supplement (DFARS) Part
225, Foreign Acquisition and Related
Clauses
Defense Acquisition
Regulations System; Department of
Defense (DoD).
ACTION: Notice and request for
comments regarding a proposed
extension of an approved information
collection requirement.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995, DoD
announces the proposed extension of a
public information collection
requirement and seeks public comment
on the provisions thereof. DoD invites
comments on: 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;
the accuracy of DoD’s estimate of the
burden of the proposed information
collection; ways to enhance the quality,
utility, and clarity of the information to
be collected; and ways to minimize the
burden of the information collection on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
The Office of Management and Budget
(OMB) has approved this information
collection for use under Control Number
0704–0229 through July 31, 2023. DoD
proposes that OMB approve an
extension of the information collection
requirement, to expire three years after
the approval date.
DATES: DoD will consider all comments
received by May 30, 2023.
ADDRESSES: You may submit comments,
identified by OMB Control Number
0704–0229, using any of the following
methods:
Æ Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Æ Email: osd.dfars@mail.mil. Include
OMB Control Number 0704–0229 in the
subject line of the message.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT:
Kimberly Bass, at 703–717–3446.
SUPPLEMENTARY INFORMATION:
SUMMARY:
PO 00000
Frm 00049
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19099
Title and OMB Number: Defense
Federal Acquisition Regulation
Supplement (DFARS) Part 225, Foreign
Acquisition and Related Clauses at
252.225; DD Form 2139; OMB Control
Number 0704–0229.
Affected Public: Businesses or other
for-profit and not-for-profit institutions.
Respondent’s Obligation: Required to
obtain or retain benefits.
Frequency: On occasion.
Number of Respondents: 39,221.
Responses per Respondent: 10,
approximately.
Annual Responses: 382,876.
Average Burden per Response: 0.28
hours, approximately.
Annual Burden Hours: 106,730
(106,995 reporting hours and
recordkeeping hours).
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 the U.S.
allies; and to prepare reports for
submission to the Department of
Commerce on the Balance of Payments
Program. This information collection
includes requirements related to foreign
acquisition in DFARS part 225, Foreign
Acquisition, and the related clauses at
DFARS 252.225 as follows:
DFARS 252.225–7000, Buy
American—Balance of Payments
Program Certificate, as prescribed in
DFARS 225.1101(1) and (1)(i), requires
the offeror to identify in its proposal
supplies that do not meet the definition
of domestic end product, separately
listing qualifying country and other
foreign end products. The Buy
American statute does not apply to
acquisitions of commercial information
technology.
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 DFARS
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 $750,000 for
contracts that exceed $15 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.
E:\FR\FM\30MRN1.SGM
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lotter on DSK11XQN23PROD with NOTICES1
19100
Federal Register / Vol. 88, No. 61 / Thursday, March 30, 2023 / Notices
DFARS 252.225–7005, Identification
of Expenditures in the United States, as
prescribed in DFARS 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 252.225–7010, Commercial
Derivative Military Article—Specialty
Metals Compliance Certificate, as
prescribed at DFARS 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, prescribed at DFARS 225.1101(4),
requires the contractor or an authorized
agent to provide information on
shipping documents and customs forms
regarding those items that are eligible
for duty-free entry.
DFARS 252.225–7018, Photovoltaic
Devices—Certificate, as prescribed at
DFARS 225.7017–4(b), requires offerors
to certify that no photovoltaic devices
with an estimated value exceeding the
micro-purchase threshold 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
DFARS 225.1101(5) and (5)(i), only
requires listing of nondesignated
country end products. This provision is
used in solicitations for all acquisitions
subject to the World Trade Organization
Government Procurement Agreement.
Alternate II of DFARS 252.225–7021,
Trade Agreements, as prescribed in
DFARS 225.1101(6) and (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 DFARS 225.7703–4(a),
requires offerors to identify products or
services that are not products or services
from Afghanistan.
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DFARS 252.225–7025, Restriction on
Acquisition of Forgings, as prescribed in
DFARS 225.7102–4, also requires
contractor retention of records showing
compliance with the restrictions until 3
years after final payment. The contractor
agrees to make the records available to
the contracting officer upon request.
The contractor may request a waiver 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 DFARS 225.1101(7) and (8)
respectively, require United Kingdom
offerors and prime contractors, and
offerors and prime contractors with
subcontracts of a dollar value exceeding
$1 million with United Kingdom firms,
to provide certain information necessary
for DoD to obtain a waiver of United
Kingdom levies.
DFARS 252.225–7035, Buy
American—Free Trade Agreements—
Balance of Payments Program
Certificate, as prescribed in DFARS
225.1101(9) and (9)(i), requires separate
listing of qualifying country (except
Canada), Free Trade Agreement (FTA)
country, or other foreign end products.
Alternate I, as prescribed in 225.1101(9)
and (9)(ii), no longer requires listing of
Canadian end products, rather than FTA
country end products, in solicitations
between $25,000 and the FTA
threshold. The Buy American statute
does not apply to acquisitions of
commercial information technology.
DFARS 252.225–7046, Exports of
Approved Community Members in
Response to the Solicitation, as
prescribed at DFARS 225.7902–5(a),
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.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
[FR Doc. 2023–06525 Filed 3–29–23; 8:45 am]
BILLING CODE 5001–06–P
PO 00000
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Fmt 4703
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
[Docket Number DARS–2023–0012; OMB
Control Number 0704–0398]
Information Collection Requirement;
Defense Federal Acquisition
Regulation Supplement; Describing
Agency Needs
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Notice and request for
comments regarding a proposed revision
and extension of an approved
information collection requirement.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995, DoD
announces the proposed extension of a
public information collection
requirement and seeks public comment
on the provisions thereof. DoD invites
comments on: 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;
the accuracy of DoD’s estimate of the
burden of the proposed information
collection; ways to enhance the quality,
utility, and clarity of the information to
be collected; and 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 for use under Control Number
0704–0398 through July 31, 2023. DoD
proposes that OMB approve an
extension of the information collection
requirement, to expire three years after
the approval date.
DATES: DoD will consider all comments
received by May 30, 2023.
ADDRESSES: You may submit comments,
identified by OMB Control Number
0704–0398, using any of the following
methods:
Æ Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Æ Email: osd.dfars@mail.mil. Include
OMB Control Number 0704–0398 in the
subject line of the message.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms.
Kimberly Ziegler, 703–901–3176.
SUPPLEMENTARY INFORMATION:
Title and OMB Number: Defense
Federal Acquisition Regulation
SUMMARY:
E:\FR\FM\30MRN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 61 (Thursday, March 30, 2023)]
[Notices]
[Pages 19099-19100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06525]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
[Docket Number DARS-2023-0014; OMB Control Number 0704-0229]
Information Collection Requirement; Defense Federal Acquisition
Regulation Supplement (DFARS) Part 225, Foreign Acquisition and Related
Clauses
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.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act of 1995, DoD
announces the proposed extension of a public information collection
requirement and seeks public comment on the provisions thereof. DoD
invites comments on: 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; the accuracy of
DoD's estimate of the burden of the proposed information collection;
ways to enhance the quality, utility, and clarity of the information to
be collected; and ways to minimize the burden of the information
collection on respondents, including through the use of automated
collection techniques or other forms of information technology. The
Office of Management and Budget (OMB) has approved this information
collection for use under Control Number 0704-0229 through July 31,
2023. DoD proposes that OMB approve an extension of the information
collection requirement, to expire three years after the approval date.
DATES: DoD will consider all comments received by May 30, 2023.
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: [email protected]. Include OMB Control Number 0704-
0229 in the subject line of the message.
Comments received generally will be posted without change to
https://www.regulations.gov, including any personal information
provided.
FOR FURTHER INFORMATION CONTACT: Kimberly Bass, at 703-717-3446.
SUPPLEMENTARY INFORMATION:
Title and OMB Number: Defense Federal Acquisition Regulation
Supplement (DFARS) Part 225, Foreign Acquisition and Related Clauses at
252.225; DD Form 2139; OMB Control Number 0704-0229.
Affected Public: Businesses or other for-profit and not-for-profit
institutions.
Respondent's Obligation: Required to obtain or retain benefits.
Frequency: On occasion.
Number of Respondents: 39,221.
Responses per Respondent: 10, approximately.
Annual Responses: 382,876.
Average Burden per Response: 0.28 hours, approximately.
Annual Burden Hours: 106,730 (106,995 reporting hours and
recordkeeping hours).
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 the U.S. allies; and to prepare reports for
submission to the Department of Commerce on the Balance of Payments
Program. This information collection includes requirements related to
foreign acquisition in DFARS part 225, Foreign Acquisition, and the
related clauses at DFARS 252.225 as follows:
DFARS 252.225-7000, Buy American--Balance of Payments Program
Certificate, as prescribed in DFARS 225.1101(1) and (1)(i), requires
the offeror to identify in its proposal supplies that do not meet the
definition of domestic end product, separately listing qualifying
country and other foreign end products. The Buy American statute does
not apply to acquisitions of commercial information technology.
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 DFARS 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
$750,000 for contracts that exceed $15 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.
[[Page 19100]]
DFARS 252.225-7005, Identification of Expenditures in the United
States, as prescribed in DFARS 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 252.225-7010, Commercial Derivative Military Article--
Specialty Metals Compliance Certificate, as prescribed at DFARS
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, prescribed at DFARS
225.1101(4), requires the contractor or an authorized agent to provide
information on shipping documents and customs forms regarding those
items that are eligible for duty-free entry.
DFARS 252.225-7018, Photovoltaic Devices--Certificate, as
prescribed at DFARS 225.7017-4(b), requires offerors to certify that no
photovoltaic devices with an estimated value exceeding the micro-
purchase threshold 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
DFARS 225.1101(5) and (5)(i), only requires listing of nondesignated
country end products. This provision is used in solicitations for all
acquisitions subject to the World Trade Organization Government
Procurement Agreement.
Alternate II of DFARS 252.225-7021, Trade Agreements, as prescribed
in DFARS 225.1101(6) and (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 DFARS 225.7703-4(a), requires offerors to
identify products or services that are not products or services from
Afghanistan.
DFARS 252.225-7025, Restriction on Acquisition of Forgings, as
prescribed in DFARS 225.7102-4, also requires contractor retention of
records showing compliance with the restrictions until 3 years after
final payment. The contractor agrees to make the records available to
the contracting officer upon request. The contractor may request a
waiver 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 DFARS 225.1101(7) and (8) respectively, require United
Kingdom offerors and prime contractors, and offerors and prime
contractors with subcontracts of a dollar value exceeding $1 million
with United Kingdom firms, to provide certain information necessary for
DoD to obtain a waiver of United Kingdom levies.
DFARS 252.225-7035, Buy American--Free Trade Agreements--Balance of
Payments Program Certificate, as prescribed in DFARS 225.1101(9) and
(9)(i), requires separate listing of qualifying country (except
Canada), Free Trade Agreement (FTA) country, or other foreign end
products. Alternate I, as prescribed in 225.1101(9) and (9)(ii), no
longer requires listing of Canadian end products, rather than FTA
country end products, in solicitations between $25,000 and the FTA
threshold. The Buy American statute does not apply to acquisitions of
commercial information technology.
DFARS 252.225-7046, Exports of Approved Community Members in
Response to the Solicitation, as prescribed at DFARS 225.7902-5(a),
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.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
[FR Doc. 2023-06525 Filed 3-29-23; 8:45 am]
BILLING CODE 5001-06-P
