[Federal Register Volume 86, Number 26 (Wednesday, February 10, 2021)]
[Notices]
[Pages 8914-8915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02689]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0024; Docket 2020-0053; Sequence 10]


Submission for OMB Review; 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.

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SUMMARY: Under the provisions of the Paperwork Reduction Act, the 
Regulatory Secretariat Division has submitted to the Office of 
Management and Budget (OMB) a request to review and approve a revision 
and renewal of a previously approved information collection requirement 
regarding Buy American, trade agreements, and duty-free entry.

DATES: Submit comments on or before March 12, 2021.

ADDRESSES: Written comments and recommendations for this information 
collection should be sent within 30 days of publication of this notice 
to www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under Review--Open for Public 
Comments'' or by using the search function.
    Additionally, submit a copy to GSA through http://www.regulations.gov and follow the instructions on the site. This 
website provides the ability to type short comments directly into the 
comment field or attach a file for lengthier comments.
    Instructions: All items submitted must cite OMB Control No. 9000-
0024, Buy American, Trade Agreements, and Duty-Free Entry. Comments 
received generally will be posted without change to http://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. If there are 
difficulties submitting comments, contact the GSA Regulatory 
Secretariat Division at 202-501-4755 or <a href="/cdn-cgi/l/email-protection#05425644576062566066456276642b626a73"><span class="__cf_email__" data-cfemail="fbbca8baa99e9ca89e98bb9c889ad59c948d">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Zenaida Delgado, Procurement Analyst, 
at telephone 202-969-7207, or <a href="/cdn-cgi/l/email-protection#82f8e7ece3ebe6e3ace6e7eee5e3e6edc2e5f1e3ace5edf4"><span class="__cf_email__" data-cfemail="86fce3e8e7efe2e7a8e2e3eae1e7e2e9c6e1f5e7a8e1e9f0">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

A. OMB Control Number, Title, and Any Associated Form(s)

    9000-0024, Buy American, Trade Agreements, and Duty-Free Entry.

B. Need and Uses

    This clearance covers the information that an offeror must submit 
in response to the requirements of the provisions and clauses in 
Federal Acquisition Regulation (FAR) part 25 that relate to the 
following:
    * The Buy American statute (41 U.S.C. chapter 83, and Executive 
Order 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. This provision requires the 
offeror to identify in its proposal supplies that do not meet the 
definition of domestic end product.
    b. 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act 
Certificate. This provision requires a separate list of foreign 
products that are eligible under a trade agreement, and a list of all 
other foreign end products.
    c. 52.225-6, Trade Agreements Certificate. This provision 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. 52.225-8, Duty-Free Entry. This clause requires contractors to 
notify the contracting officer when they purchase foreign supplies, in 
order to determine whether the supplies should be duty-free. The notice 
shall identify the foreign supplies, estimate the amount of duty, and 
the country of origin. The contractor is not required to identify 
foreign supplies that are identical in nature to items purchased by the 
contractor or any subcontractor in connection with its commercial 
business, and segregation of these supplies to ensure use only on 
Government contracts containing duty-free entry provisions is not 
economical or feasible. In addition, all shipping documents and 
containers must specify

[[Page 8915]]

certain information to assure the duty-free entry of the supplies.
    e. Construction provisions and clauses:

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

    The listed provisions and clauses provide that an offeror or 
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.

C. Annual Burden

    Respondents: 8,771.
    Total Annual Responses: 43,891.
    Total Burden Hours: 40,738.

D. Public Comment

    A 60-day notice was published in the Federal Register at 85 FR 
63276, on October 7, 2020. No comments were received.
    Obtaining Copies: Requesters may obtain a copy of the information 
collection documents from the GSA Regulatory Secretariat Division, by 
calling 202-501-4755 or emailing <a href="/cdn-cgi/l/email-protection#84c3d7c5d6e1e3d7e1e7c4e3f7e5aae3ebf2"><span class="__cf_email__" data-cfemail="6e293d2f3c0b093d0b0d2e091d0f40090118">[email protected]</span></a>. Please cite OMB 
Control No. 9000-0024, Buy American, Trade Agreements, and Duty-Free 
Entry.

Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2021-02689 Filed 2-9-21; 8:45 am]
BILLING CODE 6820-EP-P


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