Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations 81915 

252.209–7008 Notice of Prohibition 

Relating to Organizational Conflict of 

Interest—Major Defense Acquisition 

Program. 

As prescribed in 209.571–8(a), use the 

following provision: 

NOTICE OF PROHIBITION RELATING TO 

ORGANIZATIONAL CONFLICT OF 

INTEREST—MAJOR DEFENSE 

ACQUISITION PROGRAM (DEC 2010) 

(a) Definitions. ‘‘Major subcontractor’’ is 

defined in the clause at 252.209–7009, 

Organizational Conflict of Interest—Major 

Defense Acquisition Program. 

(b) This solicitation is for the performance 

of systems engineering and technical 

assistance for a major defense acquisition 

program or a pre-major defense acquisition 

program. 

(c) Prohibition. As required by paragraph 

(b)(3) of section 207 of the Weapons System 

Acquisition Reform Act of 2009 (Pub. L. 111– 

23), if awarded the contract, the contractor or 

any affiliate of the contractor is prohibited 

from participating as a prime contractor or a 

major subcontractor in the development or 

production of a weapon system under the 

major defense acquisition program or premajor defense acquisition program, unless 

the offeror submits, and the Government 

approves, an Organizational Conflict of 

Interest Mitigation Plan. 

(d) Request for an exception. If the offeror 

requests an exception to the prohibition of 

paragraph (c) of this provision, then the 

offeror shall submit an Organizational 

Conflict of Interest Mitigation Plan with its 

offer for evaluation. 

(e) Incorporation of Organizational Conflict 

of Interest Mitigation Plan in contract. If the 

apparently successful offeror submitted an 

acceptable Organizational Conflict of Interest 

Mitigation Plan, and the head of the 

contracting activity determines that DoD 

needs the domain experience and expertise 

of the highly qualified, apparently successful 

offeror in accordance with FAR 209.571–7(c), 

then the Contracting Officer will incorporate 

the Organizational Conflict of Interest 

Mitigation Plan into the resultant contract, 

and paragraph (d) of the clause at 252.209– 

7009 will become applicable. 

(End of provision) 

252.209–7009 Organizational Conflict of 

Interest—Major Defense Acquisition 

Program. 

As prescribed in 209.571–8(b), use the 

following clause: 

ORGANIZATIONAL CONFLICT OF 

INTEREST—MAJOR DEFENSE 

ACQUISITION PROGRAM (DEC 2010) 

(a) Definition. 

‘‘Major subcontractor,’’ as used in this 

clause, means a subcontractor that is 

awarded a subcontract that equals or exceeds 

(1) Both the cost or pricing data threshold 

and 10 percent of the value of the contract 

under which the subcontracts are awarded; 

or 

(2) $50 million. 

(b) This contract is for the performance of 

systems engineering and technical assistance 

for a major defense acquisition program or a 

pre-major defense acquisition program. 

(c) Prohibition. Except as provided in 

paragraph (d) of this clause, as required by 

paragraph (b)(3) of section 207 of the 

Weapons System Acquisition Reform Act of 

2009 (Pub. L. 111–23), the Contractor or any 

affiliate of the Contractor is prohibited from 

participating as a prime contractor or major 

subcontractor in the development or 

production of a weapon system under the 

major defense acquisition program or premajor defense acquisition program. 

(d) Organizational Conflict of Interest 

Mitigation Plan. If the Contractor submitted 

an acceptable Organizational Conflict of 

Interest Mitigation Plan that has been 

incorporated into this contract, then the 

prohibition in paragraph (c) of this clause 

does not apply. The Contractor shall comply 

with the Organizational Conflict of Interest 

Mitigation Plan. Compliance with the 

Organizational Conflict of Interest Mitigation 

Plan is a material requirement of the contract. 

Failure to comply may result in the 

Contractor or any affiliate of the Contractor 

being prohibited from participating as a 

contractor or major subcontractor in the 

development or production of a weapon 

system under the program, in addition to any 

other remedies available to the Government 

for noncompliance with a material 

requirement of a contract. 

(End of clause) 

[FR Doc. 2010–32713 Filed 12–28–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 225 and 252 

RIN 0750–AG80 

Defense Federal Acquisition 

Regulation Supplement; Foreign 

Participation in Acquisitions in 

Support of Operations in Afghanistan 

(DFARS Case 2009–D012) 

AGENCY: Defense Acquisition 

Regulations System; Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule to 

amend the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

implement— 

• Waiver of section 302(a) of the 

Trade Agreements Act of 1979, as 

amended, which prohibits acquisitions 

of products or services from 

nondesignated countries, in order to 

allow acquisition from the nine South 

Caucasus/Central and South Asian (SC/ 

CASA) states; and 

• Determination of inapplicability of 

the Balance of Payments Program 

evaluation factor to offers of products 

(other than arms, ammunition, or war 

materials) from the SC/CASA states to 

support operations in Afghanistan. 

DATES: Effective Date: December 29, 

2010. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP/DARS), Room 3B855, 3060 

Defense Pentagon, Washington, DC 

20301–3060. Telephone 703–602–0328; 

facsimile 703–602–0350. Please cite 

DFARS Case 2009–D012. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule on 

January 6, 2010 (75 FR 832) to 

implement— 

• A waiver of the procurement 

prohibition of section 302(a) of the 

Trade Agreements Act of 1979 with 

regard to acquisitions by DoD or GSA, 

on behalf of DoD, in support of 

operations in Afghanistan from the 

following nine South Caucasus/Central 

and South Asian (SC/CASA) states: 

Armenia, Azerbaijan, Georgia, 

Kazakhstan, Kyrgyzstan, Pakistan, 

Tajikistan, Turkmenistan, and 

Uzbekistan; and 

• A determination by the Deputy 

Secretary of Defense that it would be 

inconsistent with the public interest to 

apply the provisions of the Balance of 

Payments Program to offers of products 

(other than arms, ammunition, or war 

materials) and construction materials 

from these SC/CASA states acquired in 

direct support of operations in 

Afghanistan. 

In addition, the proposed rule made 

corrections to— 

• Alternate I of 252.225–7035, to 

delete the phrase ‘‘Australian or’’ from 

paragraph (c)(2)(i); and 

• Alternate I of 252.225–7045, to add 

in paragraph (b), line 4, that the Bahrain 

Free Trade Agreement does not apply. 

DoD did not receive any comments on 

the proposed rule. 

Therefore, DoD is finalizing the 

proposed rule with no substantive 

change. The final rule does incorporate 

the following editorial and technical 

corrections: 

• Incorporates the current DFARS 

baseline. 

• Amends various clause prefaces to 

reference the correct clause 

prescriptions. 

• Amends 225.1101(6)(i) to reference 

the World Trade Organization (WTO) 

Government Procurement Agreement 

(GPA) rather than the Trade Agreements 

Act, in conformance with FAR 

225.1101(c)(1). 

• Amends paragraph (d), added by 

Alternate II to the clause at 252.225– 


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7021, to limit applicability. Only 

contractors from an SC/CASA state are 

required to notify the government of the 

SC/CASA state with regard to the 

benefit of providing reciprocal 

procurement opportunities to U.S. 

products and services, in conformance 

with the requirement imposed by the 

United States Trade Representative. 

• Corrects the provision and clause at 

252.225–7035 and 252.225–7036, so that 

Peruvian end products are not 

erroneously treated as eligible products 

in acquisitions that do not exceed the 

WTO GPA threshold (see DFARS Case 

2008–D046, published at 74 FR 37650 

and 75 FR 3179 for initial 

implementation of the Peruvian Free 

Trade Agreement). The threshold for 

end products for the Peruvian Free 

Trade Agreement, like the Free Trade 

Agreements of Bahrain and Morocco, is 

equal to the threshold of the WTO GPA. 

Therefore, these trade agreements are 

only in effect for acquisitions that 

exceed the WTO GPA threshold 

(covered by DFARS provision and 

clause 252.225–7020 and 252.225– 

7021). This is a technical amendment to 

this DFARS provision and clause in 

order to conform to the trade threshold 

for the Peruvian Free Trade Agreement 

that is at FAR 25.402(b) and to be 

consistent with the corresponding FAR 

provision and clause at 52.225–3 and 

52.225–4. 

II. Executive Order 12866 

This is not a significant regulatory 

action and, therefore, was not subject to 

review by the Office of Management and 

Budget under Executive Order 12866, 

dated September 30, 1993. This rule is 

not a major rule under 5 U.S.C. 804. 

III. Regulatory Flexibility Act 

DoD certifies that this rule will not 

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., 

because this rule only impacts 

acquisitions that are in support of 

operations in Afghanistan, allowing 

acquisition of products and services 

from the SC/CASA states. The minimal 

information collection requirement 

applies only to contractors that are from 

an SC/CASA state, and does not apply 

to U.S. small business concerns. DoD 

did not receive any comments from 

small businesses or other interested 

parties. 

IV. Paperwork Reduction Act 

The Paperwork Reduction Act applies 

because the rule modifies information 

collection requirements that have been 

approved by the Office of Management 

and Budget under 44 U.S.C. 3501, et 

seq. However, the impact on existing 

approved information collection 

requirements (OMB clearance 0704– 

0229) is expected to be negligible. 

In addition, this final rule contains a 

new information collection requirement 

that has received approval of the Office 

of Management and Budget under 44 

U.S.C. 3501, et seq. (OMB Clearance 

Number 0704–0475). DoD did not 

receive any comments on the proposed 

information collection requirement. 

List of Subjects in 48 CFR Parts 225 and 

252 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR parts 225 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 225 and 252 continues to read as 

follows: 

Authority: 41 U.S.C. 421 and 48 CFR 

chapter 1. 

PART 225—FOREIGN ACQUISITION 

■ 2. Amend section 225.003 by adding 

paragraphs (14) through (16) to read as 

follows: 

225.003 Definitions. 

* * * * * 

(14) South Caucasus/Central and 

South Asian (SC/CASA) state means 

Armenia, Azerbaijan, Georgia, 

Kazakhstan, Kyrgyzstan, Pakistan, 

Tajikistan, Turkmenistan, or 

Uzbekistan. 

(15) South Caucasus/Central and 

South Asian (SC/CASA) state 

construction material means 

construction material that— 

(i) Is wholly the growth, product, or 

manufacture of an SC/CASA state; or 

(ii) In the case of a construction 

material that consists in whole or in part 

of materials from another country, has 

been substantially transformed in an 

SC/CASA state into a new and different 

construction material distinct from the 

material from which it was transformed. 

(16) South Caucasus/Central and 

South Asian (SC/CASA) state end 

product means an article that— 

(i) Is wholly the growth, product, or 

manufacture of an SC/CASA state; or 

(ii) In the case of an article that 

consists in whole or in part of materials 

from another country, has been 

substantially transformed in an SC/ 

CASA state into a new and different 

article of commerce with a name, 

character, or use distinct from that of 

the article or articles from which it was 

transformed. The term refers to a 

product offered for purchase under a 

supply contract, but for purposes of 

calculating the value of the end product, 

includes services (except transportation 

services) incidental to its supply, 

provided that the value of those 

incidental services does not exceed the 

value of the product itself. 

■ 3. Section 225.401 is revised to read 

as follows: 

225.401 Exceptions. 

(a)(2)(A) If a department or agency 

considers an individual acquisition of a 

product to be indispensable for national 

security or national defense purposes 

and appropriate for exclusion from the 

provisions of FAR subpart 25.4, it may 

submit a request with supporting 

rationale to the Director of Defense 

Procurement and Acquisition Policy 

(OUSD(AT&L)DPAP). Approval by 

OUSD(AT&L)DPAP is not required if— 

(1) Purchase from foreign sources is 

restricted by statute (see subpart 

225.70); 

(2) Another exception in FAR 25.401 

applies to the acquisition; or 

(3) Competition from foreign sources 

is restricted under subpart 225.71. 

(B) Public interest exceptions for 

certain countries when acquiring 

products or services in support of 

operations in Afghanistan are in 

225.7704–1. 

■ 3. Amend section 225.403 by adding 

paragraph (c)(iii) to read as follows: 

225.403 World Trade Organization 

Government Procurement Agreement and 

Free Trade Agreements. 

(c) * * * 

(iii) The acquisition is in support of 

operations in Afghanistan (see 

225.7704–1). 

■ 4. Amend section 225.502 by adding 

paragraph (a) to read as follows: 

225.502 Application. 

(a) Whenever the acquisition is in 

support of operations in Afghanistan, 

treat the offers of end products from 

South Caucasus or Central and South 

Asian states listed in 225.401–70 the 

same as qualifying country offers. 

* * * * * 

■ 5. Revise section 225.1101 to read as 

follows: 

225.1101 Acquisition of supplies. 

(1)(i) Use the provision at 252.225– 

7000, Buy American Act—Balance of 

Payments Program Certificate, instead of 

the provision at FAR 52.225–2, Buy 

American Act Certificate. Use the 

provision in any solicitation that 

includes the clause at 252.225–7001, 


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Buy American Act and Balance of 

Payments Program. 

(ii) Use the provision with its 

Alternate I when the acquisition is of 

end products listed in 225.401–70 in 

support of operations in Afghanistan. 

(2)(i) Use the clause at 252.225–7001, 

Buy American Act and Balance of 

Payments Program, instead of the clause 

at FAR 52.225–1, Buy American Act— 

Supplies, in solicitations and contracts 

unless— 

(A) All line items will be acquired 

from a particular source or sources 

under the authority of FAR 6.302–3; 

(B) All line items must be domestic or 

qualifying country end products in 

accordance with Subpart 225.70. 

(However, the clause may still be 

required if Subpart 225.70 requires 

manufacture of the end product in the 

United States or in the United States or 

Canada, without a corresponding 

requirement for use of domestic 

components); 

(C) An exception to the Buy American 

Act or Balance of Payments Program 

applies (see FAR 25.103, 225.103, and 

225.7501); 

(D) One or both of the following 

clauses will apply to all line items in 

the contract: 

(1) 252.225–7021, Trade Agreements. 

(2) 252.225–7036, Buy American 

Act—Free Trade Agreements—Balance 

of Payments Program; or 

(E) All line items will be acquired 

using a procedure specified in 

225.7703–1(a). 

(ii) Use the clause with its Alternate 

I when the acquisition is of end 

products listed in 225.401–70 in 

support of operations in Afghanistan. 

(3) Use the clause at 252.225–7002, 

Qualifying Country Sources as 

Subcontractors, in solicitations and 

contracts that include one of the 

following clauses: 

(i) 252.225–7001, Buy American Act 

and Balance of Payments Program. 

(ii) 252.225–7021, Trade Agreements. 

(iii) 252.225–7036, Buy American 

Act—Free Trade Agreements—Balance 

of Payments Program. 

(4) Use the clause at 252.225–7013, 

Duty-Free Entry, instead of the clause at 

FAR 52.225–8. Do not use the clause for 

acquisitions of supplies that will not 

enter the customs territory of the United 

States. 

(5)(i) Except as provided in paragraph 

(7) of this section, use the provision at 

252.225–7020, Trade Agreements 

Certificate, instead of the provision at 

FAR 52.225–6, Trade Agreements 

Certificate, in solicitations that include 

the clause at 252.225–7021, Trade 

Agreements. 

(ii) Use the provision with its 

Alternate I when the acquisition is of 

end products in support of operations in 

Afghanistan. 

(6)(i) Use the clause at 252.225–7021, 

Trade Agreements, instead of the clause 

at FAR 52.225–5, Trade Agreements, if 

the World Trade Organization 

Government Procurement Agreement 

applies. 

(ii) Use the clause with its Alternate 

I in solicitations and contracts that 

include the clause at 252.225–7024, 

Requirement for Products or Services 

from Iraq or Afghanistan, unless the 

clause at 252.225–7024 has been 

modified to provide a preference only 

for the products of Afghanistan. 

(iii) Use the clause with its Alternate 

II when the acquisition is of end 

products in support of operations in 

Afghanistan and Alternate I is not 

applicable. 

(iv) Do not use the clause if— 

(A) Purchase from foreign sources is 

restricted, unless the contracting officer 

anticipates a waiver of the restriction; or 

(B) The clause at 252.225–7026, 

Acquisition Restricted to Products or 

Services from Iraq or Afghanistan, is 

included in the solicitation and 

contract. 

(v) The acquisition of eligible and 

noneligible products under the same 

contract may result in the application of 

trade agreements to only some of the 

items acquired. In such case, indicate in 

the Schedule those items covered by the 

Trade Agreements clause. 

(7) Use the provision at 252.225–7022, 

Trade Agreements Certificate— 

Inclusion of Iraqi End Products, instead 

of the provision at FAR 52.225–6, Trade 

Agreements Certificate, in solicitations 

that include the clause at 252.225–7021, 

Trade Agreements, with its Alternate I. 

(8) Use the provision at 252.225–7032, 

Waiver of United Kingdom Levies— 

Evaluation of Offers, in solicitations if a 

U.K. firm is expected to— 

(i) Submit an offer; or 

(ii) Receive a subcontract exceeding 

$1 million. 

(9) Use the clause at 252.225–7033, 

Waiver of United Kingdom Levies, in 

solicitations and contracts if a U.K. firm 

is expected to— 

(i) Submit an offer; or 

(ii) Receive a subcontract exceeding 

$1 million. 

(10)(i) Use the provision at 252.225– 

7035, Buy American Act—Free Trade 

Agreements—Balance of Payments 

Program Certificate, instead of the 

provision at FAR 52.225–4, Buy 

American Act—Free Trade 

Agreements—Israeli Trade Act 

Certificate, in solicitations that include 

the clause at 252.225–7036, Buy 

American Act—Free Trade 

Agreements—Balance of Payments 

Program. 

(ii) Use the provision with its 

Alternate I when the clause at 252.225– 

7036 is used with its Alternate I. 

(iii) Use the provision with its 

alternate II when the clause at 252.225– 

7036 is used with its Alternate II. 

(iv) Use the provision with its 

Alternate III when the clause at 

252.225–7036 is used with its Alternate 

III. 

(11)(i) Except as provided in 

paragraph (11)(ii) of this section, use the 

clause at 252.225–7036, Buy American 

Act—Free Trade Agreements—Balance 

of Payments Program, instead of the 

clause at FAR 52.225–3, Buy American 

Act—Free Trade Agreements—Israeli 

Trade Act, in solicitations and contracts 

for the items listed at 225.401–70, when 

the estimated value equals or exceeds 

$25,000, but is less than $203,000, and 

a Free Trade Agreement applies to the 

acquisition. 

(A) Use the basic clause when the 

estimated value equals or exceeds 

$70,079, except if the acquisition is of 

end products in support of operations in 

Afghanistan, use with its Alternate II. 

(B) Use the clause with its Alternate 

I when the estimated value equals or 

exceeds $25,000 but is less than 

$70,079, except if the acquisition is of 

end products in support of operations in 

Afghanistan, use with its Alternate III. 

(ii) Do not use the clause if— 

(A) Purchase from foreign sources is 

restricted (see 225.401(a)(2)), unless the 

contracting officer anticipates a waiver 

of the restriction; 

(B) Acquiring information technology 

that is a commercial item, using fiscal 

year 2004 or subsequent funds (Section 

535 of Division F of the Consolidated 

Appropriations Act, 2004 (Pub. L. 108– 

199), and the same provision in 

subsequent appropriations acts); or 

(C) Using a procedure specified in 

225.7703–1(a). 

(iii) The acquisition of eligible and 

noneligible products under the same 

contract may result in the application of 

a Free Trade Agreement to only some of 

the items acquired. In such case, 

indicate in the Schedule those items 

covered by the Buy American Act—Free 

Trade Agreements—Balance of 

Payments Program clause. 

■ 6. Amend section 225.7501 by: 

■ a. Redesignating paragraph (b)(1)(iii) 

as (b)(1)(iv); 

■ b. Adding new paragraph (b)(1)(iii); 

and 

■ c. Revising paragraph (b)(2) to read as 

follows: 

225.7501 Policy. 

* * * * * 


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(b) * * * 

(1) * * * 

(iii) If the acquisition is in support of 

operations in Afghanistan, a South 

Caucasus/Central and South Asian state 

end product listed in 225.401–70 (see 

225.7704–2); or 

* * * * * 

(2) The construction material is an 

eligible product or, if the acquisition is 

in support of operations in Afghanistan, 

the construction material is a South 

Caucasus/Central and South Asian state 

construction material (see 225.7704–2); 

or 

* * * * * 

■ 7. Revise section 225.7503 to read as 

follows: 

225.7503 Contract clauses. 

Unless the entire acquisition is 

exempt from the Balance of Payments 

Program— 

(a)(1) Use the clause at 252.225–7044, 

Balance of Payments Program— 

Construction Material, in solicitations 

and contracts for construction to be 

performed outside the United States 

with a value greater than the simplified 

acquisition threshold but less than 

$7,804,000. 

(2) Use the clause with its Alternate 

I if the acquisition is in support of 

operations in Afghanistan. 

(b)(1) Use the clause at 252.225–7045, 

Balance of Payments Program— 

Construction Material Under Trade 

Agreements, in solicitations and 

contracts for construction to be 

performed outside the United States 

with a value of $7,804,000 or more, 

except as provided in 225.7503(b)(4). 

(2) For acquisitions with a value of 

$7,804,000 or more, but less than 

$9,110,318, use the clause with its 

Alternate I, unless the acquisition is in 

support of operations in Afghanistan, 

use the clause with its Alternate III. 

(3) If the acquisition is for 

construction with a value of more than 

$8,817,449 or more and is in support of 

operations in Afghanistan, use the 

clause with its Alternate II. 

(4) If the acquisition is for 

construction with a value of $7,443,000 

or more, but less than $8,817,449, and 

is in support of operations in 

Afghanistan, use the clause with its 

Alternate III. 

■ 8. Revise section 225.7700 to read as 

follows: 

225.7700 Scope. 

This subpart implements— 

(a) Section 886 and section 892 of the 

National Defense Authorization Act for 

Fiscal Year 2008 (Pub. L. 110–181); and 

(b) The determinations by the Deputy 

Secretary of Defense regarding 

participation of the countries of the 

South Caucasus or Central and South 

Asia in acquisitions in support of 

operations in Afghanistan. 

■ 9. Add sections 225.7704, 225.7704–1, 

225.7704–2, and 225.7704–3 to read as 

follows: 

225.7704 Acquisitions of products and 

services from South Caucasus/Central and 

South Asian (SC/CASA) state in support of 

operations in Afghanistan. 

225.7704–1 Applicability of trade 

agreements. 

As authorized by the United States 

Trade Representative, the Secretary of 

Defense has waived the prohibition in 

section 302(a) of the Trade Agreements 

Act (see subpart 225.4) for acquisitions 

by DoD, and by GSA on behalf of DoD, 

of products and services from SC/CASA 

states in direct support of operations in 

Afghanistan. 

225.7704–2 Applicability of Balance of 

Payments Program. 

The Deputy Secretary of Defense has 

determined, because of importance to 

national security, that it would be 

inconsistent with the public interest to 

apply the provisions of the Balance of 

Payments Program (see subpart 225.75) 

to offers of end products other than 

arms, ammunition, and war materials 

(i.e., end products listed in 225.401–70) 

and construction materials from the SC/ 

CASA states that are being acquired by 

or on behalf of DoD in direct support of 

operations in Afghanistan. 

225.7704–3 Solicitation provisions and 

contract clauses. 

Appropriate solicitation provisions 

and contract clauses are prescribed as 

alternates to the Buy American-Trade 

Agreements-Balance of Payments 

Program solicitation provisions and 

contract clauses prescribed at 225.1101 

and 225.7503. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 10. Amend section 252.212–7001 as 

follows: 

■ a. Redesignate paragraph (b)(5) as 

paragraph (b)(5)(i); 

■ b. Add paragraph (b)(5)(ii); 

■ c. Amend the clause date in paragraph 

(11)(i) by removing ‘‘(NOV 2009)’’ and 

adding in its place ‘‘(DEC 2010)’’; 

■ d. Revise paragraph (11)(ii); 

■ e. Amend the clause date in paragraph 

(14)(ii) by removing ‘‘(JUL 2009)’’ and 

adding in its place ‘‘(DEC 2010)’’; and 

■ f. Add paragraphs (14)(iii) and (iv) to 

read as follows: 

252.212–7001 Contract Terms and 

Conditions Required to Implement Statutes 

or Executive Orders Applicable to Defense 

Acquisitions of Commercial Items. 

* * * * * 

(b) * * * 

(5) * * * 

(ii) ll Alternate I (DEC 2010) of 

252.225–7001. 

* * * * * 

(11) * * * 

(ii) ll Alternate I (DEC 2010) of 

252.225–7021. 

* * * * * 

(14) * * * 

(iii) ll Alternate II (DEC 2010) of 

252.225–7036. 

(iv) ll Alternate III (DEC 2010) of 

252.225–7036. 

* * * * * 

■ 11. Amend section 252.225–7000 by 

revising the introductory text and 

adding Alternate I at the end of the 

section to read as follows: 

252.225–7000 Buy American Act—Balance 

of Payments Program Certificate. 

As prescribed in 225.1101(1)(i), use 

the following provision: 

* * * * * 

ALTERNATE I (DEC 2010) 

As prescribed in 225.1101(1)(ii), add the 

terms ‘‘South Caucasus/Central and South 

Asian (SC/CASA) state’’ and ‘‘South 

Caucasus/Central and South Asian (SC/ 

CASA) state end product’’ in paragraph (a) 

and replace the phrase ‘‘qualifying country 

end products’’ in paragraphs (b)(2) and (c)(2) 

with the phrase ‘‘qualifying country end 

products or SC/CASA state end products.’’ 

■ 12. Amend section 252.225–7001 by 

revising the introductory text and 

adding ALTERNATE I to read as 

follows: 

252.225–7001 Buy American Act and 

Balance of Payments Program. 

As prescribed in 225.1101(2)(i), use 

the following clause: 

* * * * * 

ALTERNATE I (DEC 2010) 

As prescribed in 225.1101(2)(ii), add the 

following definitions to paragraph (a) and 

substitute the following paragraphs (b) and 

(c) for paragraphs (b) and (c) of the basic 

clause: 

(a)(10) ‘‘South Caucasus/Central and South 

Asian (SC/CASA) state’’ means Armenia, 

Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, 

Pakistan, Tajikistan, Turkmenistan, or 

Uzbekistan. 

(11) ‘‘South Caucasus/Central and South 

Asian (SC/CASA) state end product’’ means 

an article that— 

(i) Is wholly the growth, product, or 

manufacture of an SC/CASA state; or 

(ii) In the case of an article that consists in 

whole or in part of materials from another 


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Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations 81919 

country, has been substantially transformed 

in an SC/CASA state into a new and different 

article of commerce with a name, character, 

or use distinct from that of the article or 

articles from which it was transformed. The 

term refers to a product offered for purchase 

under a supply contract, but for purposes of 

calculating the value of the end product 

includes services (except transportation 

services) incidental to its supply, provided 

that the value of those incidental services 

does not exceed the value of the product 

itself. 

(b) This clause implements the Balance of 

Payments Program. Unless otherwise 

specified, this clause applies to all line items 

in the contract. 

(c) The Contractor shall deliver only 

domestic end products unless, in its offer, it 

specified delivery of other end products in 

the Buy American Act Balance of Payments 

Program Certificate provision of the 

solicitation. If the Contractor certified in its 

offer that it will deliver a qualifying country 

end product or an SC/CASA state end 

product, the Contractor shall deliver a 

qualifying country end product an SC/CASA 

state end product, or, at the Contractor’s 

option, a domestic end product. 

■ 13. Amend section 252.225–7020 by 

revising the introductory text and 

adding Alternate I at the end of the 

section to read as follows: 

252.225–7020 Trade Agreements 

Certificate. 

As prescribed in 225.1101(5)(i), use 

the following provision: 

* * * * * 

ALTERNATE I (DEC 2010) 

As prescribed in 225.1101(5)(ii), substitute 

the following paragraphs (a), (b)(2), and (c) 

for paragraph (a), (b)(2), and (c) of the basic 

clause: 

(a) Definitions. ‘‘Designated country end 

product,’’ ‘‘nondesignated country end 

product,’’ ‘‘qualifying country end product,’’ 

‘‘South Caucasus/Central and South Asian 

(SC/CASA) state,’’ ‘‘South Caucasus/Central 

and South Asian (SC/CASA) state end 

product,’’ and ‘‘U.S.-made end product’’ have 

the meanings given in the Trade Agreements 

clause of this solicitation. 

(b)(2) Will consider only offers of end 

products that are U.S.-made, qualifying 

country, SC/CASA state, or designated 

country end products unless— 

(c) Certification and identification of 

country of origin. 

(1) For all line items subject to the Trade 

Agreement clause of this solicitation, the 

offeror certifies that each end product to be 

delivered under this contract, except those 

listed in paragraph (c)(2)(ii) of this provision, 

is a U.S.-made, qualifying country, SC/CASA 

state, or designated country end product. 

(2)(i) The following supplies are SC/CASA 

state end products: 

(Line Item Number) lllllllllll

(Country of Origin) lllllllllll

(ii) The following are other nondesignated 

country end products: 

(Line Item Number) lllllllllll

(Country of Origin) lllllllllll

■ 14. Amend section 252.225–7021 by 

revising the introductory text and 

adding Alternate II at the end of the 

section to read as follows: 

252.225–7021 Trade Agreements. 

As prescribed in 225.1101(6)(i), use 

the following clause: 

* * * * * 

ALTERNATE II (DEC 2010) 

As prescribed in 225.1101(6)(iii), add the 

following new definitions to paragraph (a), 

substitute the following paragraph (c) for 

paragraph (c) of the basic clause, and add the 

following paragraph (d): 

(a)(14) ‘‘South Caucasus/Central and South 

Asian (SC/CASA) state’’ means Armenia, 

Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, 

Pakistan, Tajikistan, Turkmenistan, or 

Uzbekistan. 

(15) ‘‘South Caucasus/Central and South 

Asian (SC/CASA) state end product’’ means 

an article that— 

(i) Is wholly the growth, product, or 

manufacture of an SC/CASA state; or 

(ii) In the case of an article that consists in 

whole or in part of materials from another 

country, has been substantially transformed 

in an SC/CASA state into a new and different 

article of commerce with a name, character, 

or use distinct from that of the article or 

articles from which it was transformed. The 

term refers to a product offered for purchase 

under a supply contract, but for purposes of 

calculating the value of the end product 

includes services (except transportation 

services) incidental to its supply, provided 

that the value of those incidental services 

does not exceed the value of the product 

itself. 

(c) The Contractor shall deliver under this 

contract only U.S.-made, qualifying country, 

SC/CASA state, or designated country end 

products unless— 

(1) In its offer, the Contractor specified 

delivery of other nondesignated country end 

products in the Trade Agreements Certificate 

provision of the solicitation; and 

(2)(i) Offers of U.S.-made, qualifying 

country, SC/CASA state, or designated 

country end products from responsive, 

responsible offerors are either not received or 

are insufficient to fill the Government’s 

requirements; or 

(ii) A national interest waiver has been 

granted. 

(d) If the Contractor is from an SC/CASA 

state, the Contractor shall inform its 

government of its participation in this 

acquisition and that it generally will not have 

such opportunity in the future unless its 

government provides reciprocal procurement 

opportunities to U.S. products and services 

and suppliers of such products and services. 

■ 15. Amend section 252.225–7035 as 

follows: 

■ a. Revise the introductory text; 

■ b. Revise the clause date; 

■ c. Revise paragraph (a); 

■ d. Revise paragraph (b)(2); 

■ e. Revise paragraph (c)(2)(ii); 

■ f. Revise Alternate I; and 

■ g. Add Alternates II and III at the end 

of the section to read as follows: 

252.225–7035 Buy American Act—Free 

Trade Agreements—Balance of Payments 

Program Certificate. 

As prescribed in 225.1101(10)(i), use 

the following provision: 

BUY AMERICAN ACT—FREE TRADE 

AGREEMENTS—BALANCE OF 

PAYMENTS PROGRAM CERTIFICATE 

(DEC 2010) 

(a) Definitions. Bahrainian end product, 

commercially available off-the-shelf (COTS) 

item, component, domestic end product, Free 

Trade Agreement country, Free Trade 

Agreement country end product, foreign end 

product, Moroccan end product, Peruvian 

end product, qualifying country end product, 

and United States, as used in this provision, 

have the meanings given in the Buy 

American Act—Free Trade Agreements— 

Balance of Payments Program clause of this 

solicitation. 

(b) * * * 

(2) For line items subject to Free Trade 

Agreements, will evaluate offers of qualifying 

country end products or Free Trade 

Agreement country end products other than 

Bahrainian end products or Moroccan end 

products, or Peruvian end products without 

regard to the restrictions of the Buy American 

Act or the Balance of Payments Program. 

(c) * * * 

(2) * * * 

(ii) The offeror certifies that the following 

supplies are Free Trade Agreement country 

end products other than Bahrainian end 

products, Moroccan end products, or 

Peruvian end products: 

(Line Item Number) lllllllllll

(Country of Origin) lllllllllll

* * * * * 

ALTERNATE I (DEC 2010) 

As prescribed in 225.1101(10)(ii), 

substitute the phrase ‘‘Canadian end product’’ 

for the phrases ‘‘Bahrainian end product,’’ 

‘‘Free Trade Agreement country,’’ ‘‘Free Trade 

Agreement country end product,’’ ‘‘Moroccan 

end product, and ‘‘Peruvian end products’’ in 

paragraph (a) of the basic provision; and 

substitute the phrase ‘‘Canadian end 

products’’ for the phrase ‘‘Free Trade 

Agreement country end products other than 

Bahrainian end products or Moroccan end 

products’’ in paragraphs (b)(2) and (c)(2)(ii) of 

the basic provision, and delete the phrase 

‘‘Australian or’’ from paragraph (c)(2)(i) of the 

basic provision. 

ALTERNATE II (DEC 2010) 

As prescribed in 225.1101(10)(iii), add the 

terms ‘‘South Caucasus/Central and South 

Asian (SC/CASA) state’’ and ‘‘South 

Caucasus/Central and South Asian (SC/ 

CASA) state end product’’ in paragraph (a) 

and substitute the following paragraphs (b)(2) 

and (c)(2)(i) for paragraphs (b)(2) and (c)(2)(i) 

of the basic clause. 

(b)(2) For line items subject to Free Trade 

Agreements, will evaluate offers of qualifying 


srobinson on DSKHWCL6B1PROD with RULES
81920 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations 

country end products, SC/CASA state end 

products, or Free Trade Agreement country 

end products other than Bahrainian end 

products, Moroccan end products, or 

Peruvian end products without regard to the 

restrictions of the Buy American Act or the 

Balance of Payments Program. 

(c)(2)(i) The offeror certifies that the 

following supplies are qualifying country 

(except Australian or Canadian) or SC/CASA 

state end products: 

(Line Item Number) lllllllllll

(Country of Origin) lllllllllll

(End of provision) 

ALTERNATE III (DEC 2010) 

As prescribed in 225.1101(10)(iv), 

substitute the following paragraphs (a), (b)(2), 

(c)(2)(i), and (c)(2)(ii) for paragraphs (a), 

(b)(2), (c)(2)(i), and (c)(2)(ii) of the basic 

clause: 

(a) Definitions. Canadian end product, 

commercially available off-the-shelf (COTS) 

item, domestic end product, foreign end 

product, qualifying country end product, 

South Caucasus/Central and South Asian 

(SC/CASA) state end product, and United 

States have the meanings given in the Buy 

American Act—Free Trade Agreements— 

Balance of Payments Program clause of this 

solicitation. 

(b)(2) For line items subject to Free Trade 

Agreements, will evaluate offers of qualifying 

country end products, SC/CASA state end 

products, or Canadian end products without 

regard to the restrictions of the Buy American 

Act or the Balance of Payments Program. 

(c)(2)(i) The offeror certifies that the 

following supplies are qualifying country 

(except Canadian) or SC/CASA state end 

products: 

(Line Item Number) lllllllllll

(Country of Origin) lllllllllll

(ii) The offeror certifies that the following 

supplies are Canadian end products: 

(Line Item Number) lllllllllll

(Country of Origin) lllllllllll

■ 16. Amend section 252.225–7036 as 

follows: 

■ a. Revise the introductory text; 

■ b. Revise the clause date; 

■ c. Redesignate paragraph (a)(10) as 

paragraph (a)(11); 

■ d. Add new paragraph (a)(10); 

■ e. Redesignate paragraphs (a)(11) 

through (a)(13) as paragraphs (a)(12) 

through (a)(14); and 

■ f. Add Alternates II and III at the end 

of the section to read as follows: 

252.225–7036 Buy American Act—Free 

Trade Agreements—Balance of Payments 

Program. 

As prescribed in 225.1101(11)(i)(A), 

use the following clause: 

BUY AMERICAN ACT—FREE TRADE 

AGREEMENTS—BALANCE OF 

PAYMENTS PROGRAM (DEC 2010) 

(a) * * * 

(10) Peruvian end product means an article 

that— 

(i) Is wholly the growth, product, or 

manufacture of Peru; or 

(ii) In the case of an article that consists in 

whole or in part of materials from another 

country, has been substantially transformed 

in Peru into a new and different article of 

commerce with a name, character, or use 

distinct from that of the article or articles 

from which it was transformed. The term 

refers to a product offered for purchase under 

a supply contract, but for purposes of 

calculating the value of the end product 

includes services (except transportation 

services) incidental to its supply, provided 

that the value of those incidental services 

does not exceed the value of the product 

itself. 

(11) Qualifying country means any country 

set forth in the definition of ‘‘qualifying 

country’’ in Defense FAR Supplement 

225.003. 

* * * * * 

ALTERNATE II (DEC 2010) 

As prescribed in 225.1101(11)(i)(A), add 

the following new definitions to paragraph 

(a) and substitute the following paragraph (c) 

for paragraph (c) of the basic clause: 

(a)(14) South Caucasus/Central and South 

Asian (SC/CASA) state means Armenia, 

Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, 

Pakistan, Tajikistan, Turkmenistan, or 

Uzbekistan. 

(15) South Caucasus/Central and South 

Asian (SC/CASA) state end product means 

an article that— 

(i) Is wholly the growth, product, or 

manufacture of an SC/CASA state; or 

(ii) In the case of an article that consists in 

whole or in part of materials from another 

country, has been substantially transformed 

in an SC/CASA state into a new and different 

article of commerce with a name, character, 

or use distinct from that of the article or 

articles from which it was transformed. The 

term refers to a product offered for purchase 

under a supply contract, but for purposes of 

calculating the value of the end product 

includes services (except transportation 

services) incidental to its supply, provided 

that the value of those incidental services 

does not exceed the value of the product 

itself. 

(c) The Contractor shall deliver under this 

contract only domestic end products unless, 

in its offer, it specified delivery of qualifying 

country end products, SC/CASA state end 

products, Free Trade Agreement country end 

products other than Bahrainian end products, 

Moroccan end products, or Peruvian end 

products, or other foreign end products in the 

Buy American Act—Free Trade 

Agreements—Balance of Payments Program 

Certificate provision of the solicitation. If the 

Contractor certified in its offer that it will 

deliver a qualifying country end product, SC/ 

CASA state end products, or a Free Trade 

Agreement country end product other than a 

Bahrainian end product, a Moroccan end 

product, or a Peruvian end product, the 

Contractor shall deliver a qualifying country 

end product, an SC/CASA state end product, 

a Free Trade Agreement country end product 

other than a Bahrainian end product, a 

Moroccan end product, or a Peruvian end 

product or, at the Contractor’s option, a 

domestic end product. 

ALTERNATE III (DEC 2010) 

As prescribed in 225.1101(11)(i)(B), add 

the following definitions to paragraph (a) and 

substitute the following paragraph (c) for 

paragraph (c) of the basic clause, 

(a)(14) Canadian end product, means an 

article that— 

(i) Is wholly the growth, product, or 

manufacture of Canada; or 

(ii) In the case of an article that consists in 

whole or in part of materials from another 

country, has been substantially transformed 

in Canada into a new and different article of 

commerce with a name, character, or use 

distinct from that of the article or articles 

from which it was transformed. The term 

refers to a product offered for purchase under 

a supply contract, but for purposes of 

calculating the value of the end product 

includes services (except transportation 

services) incidental to its supply, provided 

that the value of those incidental services 

does not exceed the value of the product 

itself. 

(15) South Caucasus/Central and South 

Asian (SC/CASA) state means Armenia, 

Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, 

Pakistan, Tajikistan, Turkmenistan, or 

Uzbekistan. 

(16) South Caucasus/Central and South 

Asian (SC/CASA) state end product means 

an article that— 

(i) Is wholly the growth, product, or 

manufacture of an SC/CASA state; or 

(ii) In the case of an article that consists in 

whole or in part of materials from another 

country, has been substantially transformed 

in an SC/CASA state into a new and different 

article of commerce with a name, character, 

or use distinct from that of the article or 

articles from which it was transformed. The 

term refers to a product offered for purchase 

under a supply contract, but for purposes of 

calculating the value of the end product 

includes services (except transportation 

services) incidental to its supply, provided 

that the value of those incidental services 

does not exceed the value of the product 

itself. 

(c) The Contractor shall deliver under this 

contract only domestic end products unless, 

in its offer, it specified delivery of qualifying 

country end products, SC/CASA state end 

products, Canadian end products, or other 

foreign end products in the Buy American 

Act—Free Trade Agreements—Balance of 

Payments Program Certificate provision of 

the solicitation. If the Contractor certified in 

its offer that it will deliver a qualifying 

country end product, SC/CASA state end 

products, or a Canadian end product, the 

Contractor shall deliver a qualifying country 

end product, an SC/CASA state end product, 

a Canadian end product or, at the 

Contractor’s option, a domestic end product. 

■ 17. Amend section 252.225–7044 by 

revising the introductory text; revising 

the clause date and adding Alternate I 

at the end of the section to read as 

follows: 


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Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations 81921 

252.225–7044 Balance of Payments 

Program—Construction Material. 

As prescribed in 225.7503(a)(1), use 

the following clause: 

* * * * * 

ALTERNATE I (DEC 2010) 

As prescribed in 225.7503(a)(2), add the 

following definitions to paragraph (a) and 

replace the phrase ‘‘domestic construction 

material’’ in the second sentence of paragraph 

(b) with the phrase ‘‘domestic construction 

material or SC/CASA state construction 

material.’’ 

‘‘South Caucasus/Central and South Asian 

(SC/CASA) state’’ means Armenia, 

Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, 

Pakistan, Tajikistan, Turkmenistan, or 

Uzbekistan. 

‘‘SC/CASA state construction material’’ 

means construction material that— 

(i) Is wholly the growth, product, or 

manufacture of an SC/CASA state; or 

(ii) In the case of a construction material 

that consists in whole or in part of materials 

from another country, has been substantially 

transformed in an SC/CASA state into a new 

and different construction material distinct 

from the material from which it was 

transformed. 

■ 18. Amend section 252.225–7045 by 

revising the introductory text; revising 

Alternate I; and adding Alternate II and 

Alternate III at the end of the section to 

read as follows: 

252.225–7045 Balance of Payments 

Program—Construction Material Under 

Trade Agreements. 

As prescribed in 225.7503(b)(1), use 

the following clause: 

* * * * * 

ALTERNATE I (DEC 2010) 

As prescribed in 225.7503(b)(2), add the 

following definition of ‘‘Bahrainian or 

Mexican construction material’’ to paragraph 

(a) of the basic clause, and substitute the 

following paragraphs (b) and (c) for 

paragraphs (b) and (c) of the basic clause: 

Bahrainian or Mexican construction 

material means a construction material that— 

(1) Is wholly the growth, product, or 

manufacture of Bahrain or Mexico; or 

(2) In the case of a construction material 

that consists in whole or in part of materials 

from another country, has been substantially 

transformed in Bahrain or Mexico into a new 

and different construction material distinct 

from the materials from which it was 

transformed. 

(b) This clause implements the Balance of 

Payments Program by providing a preference 

for domestic construction material. In 

addition, the Contracting Officer has 

determined that the WTO GPA and all Free 

Trade Agreements except NAFTA and the 

Bahrain Free Trade Agreement apply to this 

acquisition. Therefore, the Balance of 

Payments Program restrictions are waived for 

designated country construction material 

other than Bahrainian or Mexican 

construction material. 

(c) The Contractor shall use only domestic 

or designated country construction material 

other than Bahrainian or Mexican 

construction material in performing this 

contract, except for— 

(1) Construction material valued at or 

below the simplified acquisition threshold in 

part 2 of the Federal Acquisition Regulation; 

or 

(2) Information technology that is a 

commercial item; or 

(3) The construction material or 

components listed by the Government as 

follows: 

llllllllllllllllllll

[Contracting Officer to list applicable 

excepted materials or indicate ‘‘none’’]. 

ALTERNATE II (DEC 2010) 

As prescribed in 225.7503(b)(3), add the 

following definitions to paragraph (a); 

substitute the following paragraph (b) and the 

introductory text of paragraph (c) for 

paragraph (b) and the introductory text of 

paragraph (c) of the basic clause; and add the 

following paragraph (d): 

South Caucasus/Central and South Asian 

(SC/CASA) state means Armenia, Azerbaijan, 

Georgia, Kazakhstan, Kyrgyzstan, Pakistan, 

Tajikistan, Turkmenistan, or Uzbekistan. 

SC/CASA state construction material 

means construction material that— 

(i) Is wholly the growth, product, or 

manufacture of an SC/CASA state; or 

(ii) In the case of a construction material 

that consists in whole or in part of materials 

from another country, has been substantially 

transformed in an SC/CASA state into a new 

and different construction material distinct 

from the material from which it was 

transformed. 

(b) This clause implements the Balance of 

Payments Program by providing a preference 

for domestic construction material. In 

addition, the Contracting Officer has 

determined that the WTO GPA, Free Trade 

Agreements, and other waivers relating to 

acquisitions in support of operations in 

Afghanistan apply to this acquisition. 

Therefore, the Balance of Payments Program 

restrictions are waived for SC/CASA state 

and designated country construction 

materials. 

(c) The Contractor shall use only domestic, 

SC/CASA state, or designated country 

construction material in performing this 

contract, except for— 

(d) The Contractor shall inform its 

government of its participation in this 

acquisition and that it generally will not have 

such opportunity in the future unless its 

government provides reciprocal procurement 

opportunities to U.S. products and services 

and suppliers of such products and services. 

ALTERNATE III (DEC 2010) 

As prescribed in 225.7503(b)(4), add the 

following definitions to paragraph (a); 

substitute the following paragraph (b) and the 

introductory text of paragraph (c) for 

paragraph (b) and the introductory text of 

paragraph (c) of the basic clause; and add the 

following paragraph (d): 

South Caucasus/Central and South Asian 

(SC/CASA) state means Armenia, Azerbaijan, 

Georgia, Kazakhstan, Kyrgyzstan, Pakistan, 

Tajikistan, Turkmenistan, or Uzbekistan. 

SC/CASA state construction material 

means construction material that— 

(i) Is wholly the growth, product, or 

manufacture of an SC/CASA state; or 

(ii) In the case of a construction material 

that consists in whole or in part of materials 

from another country, has been substantially 

transformed in an SC/CASA state into a new 

and different construction material distinct 

from the material from which it was 

transformed. 

(b) This clause implements the Balance of 

Payments Program by providing a preference 

for domestic construction material. In 

addition, the Contracting Officer has 

determined that the WTO GPA, all Free 

Trade Agreements except NAFTA and the 

Bahrain Free Trade Agreement, and other 

waivers relating to acquisitions in support of 

operations in Afghanistan apply to this 

acquisition. Therefore, the Balance of 

Payments Program restrictions are waived for 

SC/CASA state and designated country 

construction material other than Bahrainian 

or Mexican construction material. 

(c) The Contractor shall use only domestic, 

SC/CASA state, or designated country 

construction material other than Bahrainian 

or Mexican construction material in 

performing this contract, except for— 

(d) The Contractor shall inform its 

Government of its participation in this 

acquisition and that it generally will not have 

such opportunity in the future unless its 

Government provides reciprocal procurement 

opportunities to U.S. products and services 

and suppliers of such products and services. 

[FR Doc. 2010–32711 Filed 12–28–10; 8:45 am] 

BILLING CODE 5001–08–N 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 101006495–0498–01] 

RIN 0648–BA31 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Steller Sea Lion 

Protection Measures for the Bering 

Sea and Aleutian Islands Groundfish 

Fisheries Off Alaska; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Correction to interim final rule. 

SUMMARY: This document contains 

corrections to the interim final rule 

pertaining to Fisheries of the Exclusive 

Economic Zone Off Alaska; Steller Sea 

Lion Protection Measures for the Bering 

Sea and Aleutian Islands Groundfish 

Fisheries Off Alaska published on 

December 13, 2010. These corrections 


srobinson on DSKHWCL6B1PROD with RULES