Defense Federal Acquisition Regulation Supplement: Limitation on the Acquisition of Certain Goods Other Than United States Goods (DFARS Case 2021-D022), 46811-46816 [2024-11514]

Agencies

• Defense Acquisition Regulations System
• DEPARTMENT OF DEFENSE

[Federal Register Volume 89, Number 105 (Thursday, May 30, 2024)]
[Rules and Regulations]
[Pages 46811-46816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11514]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 212, 225, and 252

[Docket DARS-2023-0042]
RIN 0750-AL40


Defense Federal Acquisition Regulation Supplement: Limitation on 
the Acquisition of Certain Goods Other Than United States Goods (DFARS 
Case 2021-D022)

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

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to implement two sections of 
the National Defense Authorization Act for Fiscal Year 2021, one 
section of the National Defense Authorization Act for Fiscal Year 2022, 
one section of the National Defense Authorization Act for Fiscal Year 
2023, and one section of the Consolidated Appropriations Act, 2023. 
These statutes remove limitations and restrictions on certain 
components that are no longer required and add new limitations on other 
components, subject to exceptions.

DATES: Effective May 30, 2024.

FOR FURTHER INFORMATION CONTACT: Kimberly Bass, telephone 703-717-3446.

SUPPLEMENTARY INFORMATION:

[[Page 46812]]

I. Background

    DoD published a proposed rule in the Federal Register at 88 FR 
80472 on November 17, 2023, to implement sections 845 and 1603 of the 
National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021 
(Pub. L. 116-283); section 816 of the NDAA for FY 2022 (Pub. L. 117-
81); section 853 of the NDAA for FY 2023 (Pub. L. 117-263), and section 
8016 of the Consolidated Appropriations Act of 2023 (Pub. L. 117-328). 
These sections amend 10 U.S.C. 2534, now 10 U.S.C. 4864, to require 
acquisition of certain items and components from the national 
technology and industrial base. The national technology and industrial 
base is defined at 10 U.S.C. 4801 as the United States, Australia, 
Canada, New Zealand, or the United Kingdom.
    One respondent submitted public comments in response to the 
proposed rule. There are no changes made to the final rule.

II. Discussion and Analysis

    DoD reviewed the public comments in the development of the final 
rule. A discussion of the comments is provided, as follows:
    Comment: A respondent recommended the words ``weighing more than 
400 pounds'' be removed. The respondent provided that exempting 
satellites weighing less than 400 pounds cedes a large part of the U.S. 
market for star trackers to foreign suppliers that have been funded 
largely by the European Space Agency, and that the foreign suppliers 
currently dominate the high quality small star tracker market. The 
respondent stated that the exemption of satellites weighing less than 
400 pounds also discourages members of the national technology and 
industrial base from investing and participating in possibly the most 
attractive segment of the U.S. star tracker market and the market as a 
whole. Lastly, the respondent recommended that DoD develop and include 
a DFARS clause that requires procurement of star trackers from domestic 
sources for satellites, including those weighing less than 400 pounds, 
and that this requirement should be included in U.S. Government agency 
procurements for information and services provided by commercial 
satellite systems.
    Response: Section 1603 amends 10 U.S.C. 2534(a), now 10 U.S.C. 
4864, and adds star trackers to the list of items that must be procured 
from manufacturers in the national technology and industrial base. The 
statute applies to a ``star tracker used in a satellite weighing more 
than 400 pounds whose principal purpose is to support the national 
security, defense, or intelligence needs of the United States 
Government''. The rule implements this statutory requirement 
accordingly.
    Moreover, the DFARS clause at 252.225-7064, Restriction on 
Acquisition of Satellite Star Trackers, is prescribed at DFARS 
225.7004-7(d) for use in solicitations and contracts requiring the 
acquisition of satellite star trackers, including solicitations and 
contracts that exceed the simplified acquisition threshold (SAT) and 
that use FAR part 12 procedures for the acquisition of commercial 
products, including COTS items, and for the acquisition of commercial 
services. Lastly, as provided in section III of this preamble, DoD 
intends to apply the clause to contracts for the acquisition of 
commercial products including COTS items and for the acquisition of 
commercial services.

III. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold (SAT), for Commercial Products (Including Commercially 
Available Off-the-Shelf (COTS) Items), and for Commercial Services

    The clause at DFARS 252.225-7063, Restriction on Acquisition of 
Components of T-AO 205 Class Vessels, is prescribed at DFARS 225.7004-
7(c) for use in solicitations and contracts requiring the acquisition 
of components of T-AO 205 and T-ARC class vessels, including 
solicitations and contracts that exceed the SAT and that use FAR part 
12 procedures for the acquisition of commercial products, including 
COTS items, and for the acquisition of commercial services. The clause 
at DFARS 252.225-7064, Restriction on Acquisition of Satellite Star 
Trackers, is prescribed at DFARS 225.7004-7(d) for use in solicitations 
and contracts requiring the acquisition of satellite star trackers, 
including solicitations and contracts that exceed the SAT and that use 
FAR part 12 procedures for the acquisition of commercial products, 
including COTS items, and for the acquisition of commercial services.
    Consistent with the analysis that DoD provided in the proposed rule 
with regard to the application of the requirements of sections 845 and 
1603 of the NDAA for FY 2021 (Pub. L. 116-283) and section 852 of the 
NDAA for FY 2023 (Pub. L. 117-263), which amend 10 U.S.C. 4864, DoD has 
made the determination to apply the statute, as implemented in the 
clauses at DFARS 252.225-7063 and 252.225-7064 to contracts and 
subcontracts for the acquisition of commercial products including COTS 
items, and to the acquisition of commercial services, as defined at 
Federal Acquisition Regulation 2.101.
    The requirements of 10 U.S.C. 4864 do not apply to a contract or 
subcontract for an amount at or below the SAT. Therefore, the clauses 
will not apply to acquisitions at or below the SAT.

IV. Expected Impact of the Rule

    The final rule adds procurement limitations on the acquisition of 
star trackers for certain national security satellites and certain 
components for T-AO 205 and T-ARC class vessels, requiring they are 
manufactured in the national technology and industrial base: the United 
States, Australia, Canada, New Zealand or the United Kingdom in 
accordance with 10 U.S.C. 4864.
    The rule is not expected to have a significant impact on the 
Government, offerors, or contractors. The satellite star trackers and 
components for the T-AO 205 and T-ARC class of vessels are the types of 
items that are readily available in the marketplace, so limitation to 
national technology and industrial base sources is not viewed as having 
a significant impact on the availability of sources. Further, the rule 
provides waiver procedures to the limitation.
    The domestic source restriction does not apply to--
    (1) Contracts or subcontracts that do not exceed the simplified 
acquisition threshold;
    (2) The acquisition of spare or repair parts needed to support 
components for naval vessels manufactured outside the United States; 
and
    (3) Large medium-speed diesel engines for icebreakers or special 
mission ships.

V. 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, as amended.

VI. Congressional Review Act

    As required by the Congressional Review Act (5 U.S.C. 801-808) 
before an

[[Page 46813]]

interim or final rule takes effect, DoD will submit a copy of the 
interim or final rule with the form, Submission of Federal Rules under 
the Congressional Review Act, to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States. A 
major rule under the Congressional Review Act cannot take effect until 
60 days after it is published in the Federal Register. The Office of 
Information and Regulatory Affairs has determined that this rule is not 
a major rule as defined by 5 U.S.C. 804.

VII. Regulatory Flexibility Act

    A final regulatory flexibility analysis has been prepared 
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. 
and is summarized as follows:
    DoD is amending the Defense Federal Acquisition Regulation 
Supplement (DFARS) to implement statutes that remove limitations and 
restrictions no longer required, and that require the procurement of 
star trackers for certain national security satellites, as well as 
certain components for T-AO 205 and T-ARC class vessels, from the 
national technology and industrial base: the United States, Australia, 
Canada, New Zealand, or the United Kingdom.
    The objective of the rule is to implement sections 845 and 1603 of 
the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021 
(Pub. L. 116-283); section 816 of the NDAA for FY 2022 (Pub. L. 117-
81); and section 853 of the NDAA for FY 2023 (Pub. L. 117-263). Section 
845 of the NDAA for FY 2021 amends 10 U.S.C. 4864(a) to update the list 
of components for naval vessels at paragraphs (a)(2)(A) through (E). 
Subsequently, section 816 of the NDAA for FY 2022 added to the list of 
components for naval vessels welded shipboard anchor and mooring chain, 
without size restrictions, at 10 U.S.C. 4864(a)(2)(F). Section 845 also 
added components for T-AO 205 class vessels at 10 U.S.C. 4864(a)(4). 
Section 853 of the NDAA for FY 2023 added T-ARC class vessels at 10 
U.S.C. 4864(a)(4) along with the component list for T-AO 205 class 
vessels. Section 1603 of the NDAA for FY 2021 added limitations on 
procurement of satellite star trackers at 10 U.S.C. 4864(a)(5).
    No significant issues were raised by public comments regarding the 
initial regulatory flexibility analysis.
    DoD reviewed data from the Federal Procurement Data System for FY 
2021, 2022, and 2023, excluding contracts that do not exceed the 
simplified acquisition threshold, for the following product service 
codes: 7G22, 2835, 2010, 3815, 1040, 5925, 2040, beginning with 70 (for 
example, information technology hardware and software), and 7435. DoD 
made an average of 712 awards per year, of which 401 were made to small 
entities, an average of 56 percent awarded to small entities over the 
three fiscal years.
    It is expected that this rule will benefit small businesses. The 
rule will continue to provide small businesses the opportunity to 
participate in the manufacture of star trackers for certain national 
security satellites and certain components for T[hyphen]AO 205 and T-
ARC class vessels in support of the national technology and industrial 
base.
    This rule does not include any new reporting, recordkeeping, or 
other compliance requirements for small businesses.
    The rule exempts acquisitions equal to or less than the simplified 
acquisition threshold. There are no other known significant alternative 
approaches to the rule that would meet the requirements of the statute.

VIII. Paperwork Reduction Act

    This final 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 212, 225, and 252

    Government procurement.

Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 212, 225, and 252 are amended as follows:

0
1. The authority citation for 48 CFR parts 212, 225, and 252 continues 
to read as follows:

    Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

PART 212--ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL 
SERVICES

0
2. Amend section 212.301 by--
0
a. Removing paragraphs (f)(x)(X) and (Y);
0
b. Redesignating paragraphs (f)(x)(M) through (W) as (f)(x)(N) through 
(X);
0
c. Adding a new paragraph (f)(x)(M);
0
d. Redesignating paragraphs (f)(x)(Z) through (NN) as paragraphs 
(f)(x)(Y) through (MM);
0
e. In the newly redesignated paragraph (f)(x)(Y), removing ``Pub. L.'' 
and adding ``Public Law'' in its place;
0
f. In the newly redesignated paragraph (f)(x)(MM), removing ``225.7010-
5'' and adding ``225.7004-7(b)'' in its place; and
0
g. Adding paragraphs (f)(x)(NN) and (OO).
    The additions read as follows:


212.301  Solicitation provisions and contract clauses for the 
acquisition of commercial products and commercial services.

* * * * *
    (f) * * *
    (x) * * *
    (M) Use the clause at 252.225-7019, Restriction on Acquisition of 
Anchor and Mooring Chain, as prescribed in 225.7004-7(a), to comply 
with 10 U.S.C. 4864 and section 8041 of the Fiscal Year 1991 DoD 
Appropriations Act (Pub. L. 101-511) and similar sections in subsequent 
DoD appropriations acts.
* * * * *
    (NN) Use the clause at 252.225-7063, Restriction on Acquisition of 
Components of T-AO 205 and T-ARC Class Vessels, as prescribed in 
225.7004-7(c), to comply with 10 U.S.C. 4864.
    (OO) Use the clause at 252.225-7064, Restriction on Acquisition of 
Certain Satellite Components, as prescribed in 225.7004-7(d), to comply 
with 10 U.S.C. 4864.
* * * * *

PART 225--FOREIGN ACQUISITION


225.7001  [Amended]

0
3. Amend section 225.7001 in the definition of ``Component'' by 
removing ``component except that for use in 225.7007'' and adding 
``component, except that for use in 225.7004-2(b)(6)'' in its place.

0
4. Revise section 225.7004 to read as follows:


225.7004  Restrictions on the procurement of goods other than U.S. 
goods.

0
5. Add section 225.7004-0 to read as follows:


225.7004-0  Scope.

    This section implements 10 U.S.C. 4864.

0
6. Revise sections 225.7004-1 through 225.7004-4 to read as follows:
Sec.
* * * * *
225.7004-1 Definitions.
225.7004-2 Restrictions.
225.7004-3 Exceptions.
225.7004-4 Implementation of restriction on certain naval vessel 
components.
* * * * *


225.7004-1  Definitions.

    As used in this section--
    National technology and industrial base means the persons and 
organizations that are engaged in production activities conducted 
within the United States, Australia, Canada,

[[Page 46814]]

New Zealand, and the United Kingdom of Great Britain and Northern 
Ireland (United Kingdom). (10 U.S.C. 4801)
    Star tracker means a navigational tool used in a satellite weighing 
more than 400 pounds whose principal purpose is to support the national 
security, defense, or intelligence needs of the U.S. Government.


225.7004-2  Restrictions.

    Except as provided in 225.7004-3, do not acquire any of the 
following items, either as end products or components, unless the 
manufacturer of the items is part of the national technology and 
industrial base:
    (a) Buses, if multipassenger motor vehicles are purchased, leased, 
rented, or made available under contracts for transportation services.
    (b) Components for naval vessels, to the extent they are unique to 
marine applications (see also 225.7004-4 for implementation of the 
restriction for naval vessels):
    (1) Gyrocompasses.
    (2) Electronic navigation chart systems.
    (3) Steering controls.
    (4) Propulsion and machinery control systems.
    (5) Totally enclosed lifeboats.
    (6) Welded shipboard anchor and mooring chain. See also 225.7004-5.
    (c) Large medium-speed diesel engines for new construction of 
auxiliary ships using funds available for National Defense Sealift Fund 
programs or Shipbuilding and Conversion, Navy.
    (d) For T-AO 205 and T-ARC class vessels:
    (1) Auxiliary equipment, including pumps, for all shipboard 
services.
    (2) Propulsion system components, including engines, reduction 
gears, and propellers.
    (3) Shipboard cranes.
    (4) Spreaders for shipboard cranes.
    (e) Star trackers.


225.7004-3  Exceptions.

    (a) Contracts under the simplified acquisition threshold. The 
restrictions at 225.7004-2 do not apply to a contract or subcontract 
that does not exceed the simplified acquisition threshold.
    (b) Buses. The restriction at 225.7004-2(a) does not apply in the 
following circumstances:
    (1) Buses manufactured outside the national technology and 
industrial base are needed for temporary use because buses manufactured 
in the national technology and industrial base are not available to 
satisfy requirements that cannot be postponed. Such use may not, 
however, exceed the lead time required for acquisition and delivery of 
buses manufactured in the national technology and industrial base.
    (2) The requirement for buses is temporary in nature. For example, 
to meet a special, nonrecurring requirement or a sporadic and 
infrequent recurring requirement, buses manufactured outside the 
national technology and industrial base may be used for temporary 
periods of time. Such use may not however, exceed the period of time 
needed to meet the special requirement.
    (3) Buses manufactured outside the national technology and 
industrial base are available at no cost to the U.S. Government.
    (c) Components for naval vessels. The restriction at 225.7004-2(b) 
does not apply to acquisition of spare or repair parts needed to 
support components for naval vessels manufactured outside the United 
States. Support includes the purchase of spare gyrocompasses, 
electronic navigation chart systems, steering controls, propulsion and 
machinery control systems, totally enclosed lifeboats, and welded 
shipboard anchor and mooring chain.
    (d) Components for auxiliary ships. The restriction at 225.7004-
2(c) does not apply to large medium-speed engines for icebreakers or 
special mission ships.
    (e) Star trackers. The restriction at 225.7004-2(e) does not apply 
to acquisition programs that have received Milestone A approval as 
defined in 10 U.S.C. 4211 before October 1, 2021, as documented by the 
requiring activity official performing program management 
responsibilities. The contracting officer shall include the Milestone A 
approval documentation in the contract file.


225.7004-4  Implementation of restriction on certain naval vessel 
components.

    (a) The statute at 10 U.S.C. 4864(h) prohibits the use of contract 
clauses or certifications to implement the restriction at 225.7004-2(b) 
for naval vessel components.
    (b) Agencies shall accomplish implementation of the restriction at 
225.7004-2(b) through use of management and oversight techniques that 
achieve the objectives of this section without imposing a significant 
management burden on the Government or the contractor involved.

0
7. Add sections 225.7004-5 through 225.7004-7 to read as follows:
Sec.
* * * * *
225.7004-5 Additional restrictions on anchor and mooring chain.
225.7004-6 Waiver of restrictions.
225.7004-7 Contract clauses.
* * * * *


225.7004-5  Additional restrictions on anchor and mooring chain.

    (a) In accordance with section 8041 of the Fiscal Year 1991 DoD 
Appropriations Act (Pub. L. 101-511) and similar sections in subsequent 
DoD appropriations acts, do not acquire welded shipboard anchor and 
mooring chain, unless--
    (1) It is manufactured in the United States, including cutting, 
heat treating, quality control, testing, and welding (both forging and 
shot blasting process); and
    (2) The cost of the components manufactured in the United States 
exceeds 50 percent of the total cost of components.
    (b) The statute at 10 U.S.C. 4864 also restricts acquisition of 
welded shipboard anchor and mooring chain, when used as a component of 
a naval vessel; however, the Appropriations Act restriction described 
in paragraph (a) of this section takes precedence over the restriction 
of 10 U.S.C. 4864 cited in 225.7004-2(b)(6).


225.7004-6  Waiver of restrictions.

    (a) Welded shipboard anchor and mooring chain. (1) In accordance 
with section 8016 of the Consolidated Appropriations Act, 2023 (Pub. L. 
117-328), the secretary of the department responsible for acquisition 
may waive the restrictions in 225.7004-2(b)(6) and 225.7004-5, on a 
case-by-case basis, if--
    (i) Sufficient domestic suppliers are not available to meet DoD 
requirements on a timely basis; and
    (ii) The acquisition is necessary to acquire capability for 
national security purposes.
    (2) Document the waiver in a written determination and findings 
containing--
    (i) The factors supporting the waiver; and
    (ii) A certification that the acquisition must be made in order to 
acquire capability for national security purposes.
    (3) Provide a copy of the determination and findings to the House 
and Senate Committees on Appropriations.
    (b) Star trackers. The waiver criteria at paragraph (c) of this 
section apply, except that the USD(A&S) may delegate the authority to 
waive a restriction for a star tracker for a particular foreign country 
to the service acquisition executive, without power of redelegation 
(section 1603, National Defense Authorization Act for Fiscal Year 2021 
(Pub. L. 116-283)).

[[Page 46815]]

    (c) Waiver of restrictions of 10 U.S.C. 4864(a). The restrictions 
on certain foreign purchases at 225.7004-2 may be waived, except as 
provided in paragraphs (a) and (b) of this section, as follows:
    (1)(i) USD(A&S), without power of delegation, may waive a 
restriction for a particular item for a particular foreign country upon 
determination that--
    (A) U.S. producers of the item would not be jeopardized by 
competition from a foreign country, and that country does not 
discriminate against defense items produced in the United States to a 
greater degree than the United States discriminates against defense 
items produced in that country; or
    (B) Application of the restriction would impede cooperative 
programs entered into between DoD and a foreign country, or would 
impede the reciprocal procurement of defense items under a memorandum 
of understanding providing for reciprocal procurement of defense items 
under 225.872, and that country does not discriminate against defense 
items produced in the United States to a greater degree than the United 
States discriminates against defense items produced in that country.
    (ii) A notice of the determination to exercise the waiver authority 
shall be published in the Federal Register and submitted to the 
congressional defense committees at least 15 days before the effective 
date of the waiver.
    (iii) The effective period of the waiver shall not exceed 1 year.
    (iv) For contracts entered into prior to the effective date of a 
waiver, provided adequate consideration is received to modify the 
contract, the waiver shall be applied as directed or authorized in the 
waiver to--
    (A) Subcontracts entered into on or after the effective date of the 
waiver; and
    (B) Options for the procurement of items that are exercised after 
the effective date of the waiver, if the option prices are adjusted for 
any reason other than the application of the waiver.
    (2) The head of the contracting activity may waive a restriction on 
a case-by-case basis upon execution of a determination and findings 
that any of the following applies:
    (i) The restriction would cause unreasonable delays.
    (ii) Satisfactory quality items manufactured in the national 
technology and industrial base are not available.
    (iii) Application of the restriction would result in the existence 
of only one source for the item in the national technology and 
industrial base.
    (iv) Application of the restriction is not in the national security 
interests of the United States.
    (v) Application of the restriction would adversely affect a U.S. 
company.
    (3) A restriction is waived when it would cause unreasonable costs. 
The cost of an item of national technology and industrial base origin 
is unreasonable if it exceeds 150 percent of the offered price, 
inclusive of duty, of items that are not of national technology and 
industrial base origin.


225.7004-7  Contract clauses.

    (a) Unless a waiver has been granted, use the clause at 252.225-
7019, Restriction on Acquisition of Anchor and Mooring Chain, in 
solicitations and contracts, including solicitations and contracts 
using FAR part 12 procedures for the acquisition of commercial products 
and commercial services, that exceed the simplified acquisition 
threshold and that require welded shipboard anchor or mooring chain.
    (b) Use the clause at 252.225-7062, Restriction on Acquisition of 
Large Medium-Speed Diesel Engines, in solicitations and contracts, 
including solicitations and contracts using FAR part 12 procedures for 
the acquisition of commercial products and commercial services, that 
exceed the simplified acquisition threshold and that require large 
medium-speed diesel engines for new construction of auxiliary ships 
using funds available for National Defense Sealift Fund programs or 
Shipbuilding and Conversion, Navy unless--
    (1) An exception at 225.7004-3(d) applies; or
    (2) A waiver has been granted.
    (c) Unless a waiver has been granted, use the clause at 252.225-
7063, Restriction on Acquisition of Components of T-AO 205 and T-ARC 
Class Vessels, in solicitations and contracts, including solicitations 
and contracts using FAR part 12 procedures for the acquisition of 
commercial products and commercial services, that exceed the simplified 
acquisition threshold and that require components of T-AO 205 and T-ARC 
class vessels.
    (d) Use the clause at 252.225-7064, Restriction on Acquisition of 
Certain Satellite Components, in solicitations and contracts, including 
solicitations and contracts using FAR part 12 procedures for the 
acquisition of commercial products and commercial services, that exceed 
the simplified acquisition threshold unless--
    (1) An exception at 225.7004-3(e) applies; or
    (2) A waiver has been granted.


225.7006  [Removed and Reserved]

0
8. Remove and reserve section 225.7006.


225.7006-1, 225.7006-2, 225.7006-3, and 225.7006-4  [Removed]

0
9. Remove sections 225.7006-1, 225.7006-2, 225.7006-3, and 225.7006-4.


225.7007  [Removed and Reserved]

0
10. Remove and reserve section 225.7007.


225.7007-1, 225.7007-2, and 225.7007-3  [Removed]

0
11. Remove sections 225.7007-1, 225.7007-2, and 225.7007-3.


225.7008  [Removed and Reserved]

0
12. Remove and reserve section 225.7008.


225.7009-1  [Amended]

0
13. Amend section 225.7009-1 by removing ``Section'' and adding 
``section'' in its place.


225.7010  [Removed and Reserved]

0
14. Remove and reserve section 225.7010.


225.7010-1, 225.7010-2, 225.7010-3, 225.7010-4, and 225.7010-
5  [Removed]

0
15. Remove sections 225.7010-1, 225.7010-2, 225.7010-3, 225.7010-4, and 
225.7006-5.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
16. Amend section 252.225-7019--
0
a. By revising the section heading, introductory text, clause date, and 
paragraph (a);
0
b. In paragraph (b) by removing ``, four inches or less in diameter,''; 
and
0
c. In paragraph (d) by removing ``, four inches or less in diameter''.
    The revisions read as follows:


252.225-7019  Restriction on Acquisition of Anchor and Mooring Chain.

    As prescribed in 225.7004-7(a), use the following clause:

Restriction On Acquisition of Anchor and Mooring Chain (MAY 2024)

    (a) Definition. As used in this clause--
    Component means an article, material, or supply incorporated 
directly into an end product.
* * * * *


252.225-7037 and 252.22-7038  [Removed and Reserved]

0
17. Remove and reserve sections 252.225-7037 and 252.225-7038.

[[Page 46816]]

252.225-7062  [Amended]

0
18. Amend section 252.225-7062 introductory text by removing 
``225.7010-5'' and adding ``225.7004-7(b)'' in its place.

0
19. Add section 252.225-7063 to read as follows:


252.225-7063  Restriction on Acquisition of Components of T-AO 205 and 
T-ARC Class Vessels.

    As prescribed in 225.7004-7(c), use the following clause:

Restriction on Acquisition of Components of T-AO 205 AND T-ARC Class 
Vessels (MAY 2024)

    (a) Restriction.
    (1) In accordance with 10 U.S.C. 4864, the following components 
of T-AO 205 and T-ARC class vessels must be manufactured in the 
United States, Australia, Canada, New Zealand, or the United Kingdom 
of Great Britain and Northern Ireland (United Kingdom):
    (i) Auxiliary equipment, including pumps, for all shipboard 
services.
    (ii) Propulsion system components, including engines, reduction 
gears, and propellers.
    (iii) Shipboard cranes.
    (iv) Spreaders for shipboard cranes.
    (2) The Contractor shall deliver under this contract only T-AO 
205 and T-ARC class vessel components, as described in paragraph 
(a)(1) of this clause, manufactured in the United States, Australia, 
Canada, New Zealand, or the United Kingdom (10 U.S.C. 4864).
    (b) Subcontracts. The Contractor shall insert the substance of 
this clause, including this paragraph (b), in subcontracts for the 
components described in paragraph (a)(1) of this clause that exceed 
the simplified acquisition threshold, including subcontracts for 
commercial products and commercial services.
(End of Clause)

0
21. Add section 252.225-7064 to read as follows:


252.225-7064  Restriction on Acquisition of Certain Satellite 
Components.

    As prescribed in 225.7004-7(d), use the following clause:

Restriction On Acquisition of Certain Satellite Components (MAY 2024)

    (a) Definition. As used in this clause--
    Star tracker means a navigational tool used in a satellite 
weighing more than 400 pounds whose principal purpose is to support 
the national security, defense, or intelligence needs of the U.S. 
Government.
    (b) Restriction. In accordance with 10 U.S.C. 4864, a star 
tracker must be manufactured in the United States, Australia, 
Canada, New Zealand, or the United Kingdom of Great Britain and 
Northern Ireland (United Kingdom). The Contractor shall deliver 
under this contract only star trackers manufactured in the United 
States, Australia, Canada, New Zealand, or the United Kingdom.
    (c) Subcontracts. The Contractor shall insert the substance of 
this clause, including this paragraph (c), in subcontracts for star 
trackers that exceed the simplified acquisition threshold, including 
subcontracts for commercial products and commercial services.
(End of clause)
[FR Doc. 2024-11514 Filed 5-29-24; 8:45 am]
BILLING CODE 6001-FR-P