[Federal Register Volume 62, Number 228 (Wednesday, November 26, 1997)]
[Notices]
[Pages 63076-63077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31110]


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DEPARTMENT OF DEFENSE

[OMB Control Number 0704-0229]


Notice of Request for Comments

AGENCY: Department of Defense (DoD).

ACTION: Notice and request for comments regarding a proposed extension 
of an approved information collection requirement.

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SUMMARY: In compliance with Section 3506(c)(2)(A) of the Paperwork 
Reduction Act of 1995 (Pub. L. 104-13), DoD announces the proposed 
extension of a public information collection requirement, and seeks 
public comment on the provisions thereof. Comments are invited on: (a) 
Whether the proposed collection of information is necessary for the 
proper performance of the functions of the agency, including whether 
the information will have practical utility; (b) the accuracy of the 
estimate of the burden of the proposed information collection; (c) ways 
to enhance the quality, utility, and clarity of the information to be 
collected; and (d) ways to minimize the burden of the information 
collection on respondents, including the use of automated collection 
techniques or other forms of information technology. This information 
collection requirement is currently approved by the Office of 
Management and Budget (OMB) for use through June 30, 1998. DoD proposes 
that OMB extend its approval for use through June 30, 2001.

DATES: Consideration will be given to all comments received by January 
26, 1998.

ADDRESSES: Written comments and recommendations on the proposed 
information collection requirement should be sent to: Defense 
Acquisition Regulations Council, Attn: Ms. Amy Williams, 
PDUSD(A&T)DP(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 
20301-3062. Telefax (703) 602-0350.
    E-mail comments submitted over the Internet should be addressed to: 
dfarsacq.osd.mil.
    Please cite OMB Control Number 0704-0229 in all correspondence 
related to this issue. E-mail comments should cite OMB Control Number 
0704-0229 in the subject line.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, at (703) 602-0131. A 
copy of this information collection requirement is available 
electronically via the Internet at: <a href="http://www.dtic.mil/dfars/
">http://www.dtic.mil/dfars/
</a> Paper copies may be obtained from Ms. Amy Williams, 
PDUSD(A&T)DP(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 
20301-3062.
    Title, Associated Form, and OMB Number: Foreign Acquisition--
Defense Federal Acquisition Regulation Supplement part 225 and Related 
Clauses at 252.225, DD Form 2139, OMB Control Number 0704-0229.
    Needs and Uses: This information collection requirement pertains to 
information collection requirements used to ensure contractor 
compliance with restrictions on the acquisition of foreign products 
imposed by statute or policy to protect the industrial base. Other 
information is required for compliance with U.S. trade agreements and 
Memoranda of Understanding, which promote reciprocal trade with U.S. 
allies, and for inclusion in reports to the Department of Commerce on 
the Balance of Payments Program.
    Affected Public: Businesses or other for-profit and not-for-profit 
institutions.
    Annual Burden Hours: 74,333 hours.
    Number of Respondents: 31,347.
    Responses per Respondent: Approximately 7.
    Number of Responses: 224,262.
    Average Burden per Response: .33 hours.
    Frequency: On occasion.

SUPPLEMENTARY INFORMATION:

Summary of Information Collection

    <bullet> DFARS 252.225-7000, Buy American Act-Balance of Payments 
Program Certificate, as prescribed in 225.109(a), requires the offeror 
to identify in its proposal supplies that do not meet the definition of 
domestic end product, separately listing qualifying and nonqualifying 
country end products.
    <bullet> DFARS 252.225-7003, Information for Duty-Free Entry 
Evaluation, as prescribed in 225.605-70(e), requires a check in 
paragraph (a) as to whether the

[[Page 63077]]

offer is based on furnishing a domestic end product with nonqualifying 
country components for which the offeror requests duty-free entry, or a 
foreign end product, other than those that will be accorded duty-free 
entry as qualifying country end products or components, or eligible 
products under a trade agreement. If the answer to paragraph (a) is 
positive, then paragraph (b) requires two checks, as to whether such 
foreign supplies are now in the United States, whether duty has been 
paid, and if the duty has not yet been paid, an indication of what 
amount is included in the offer to cover such duty. Paragraph (c) 
requires the awardee to identify, at the request of the contracting 
officer, the foreign supplies which are subject to duty-free entry. 
Alternate I, as prescribed in 225.605-70(e), is used when the Buy 
American Act/Balance of Payments Program does not apply, and refers to 
U.S. made end products rather than domestic products (proposed rule, 
published September 9, 1997, 62 FR 47407).
    <bullet> DFARS 252.225-7005, Identification of Expenditures in the 
United States, as prescribed in 225.305-70, requires contractors to 
identify, on each request for payment under certain contracts subject 
to the Balance of Payments Program, the part of the requested payment 
representing expenditures in the United States.
    <bullet> DFARS 252.225-7006, Buy American Act-Trade Agreements--
Balance of Payments Program Certificate, as prescribed in 
225.408(a)(1), is similar to 225.252-7000, but requires separate 
listing of end products that are U.S. made but not domestic, or that 
are from a qualifying country, designated country, Caribbean Basin 
country, NAFTA country, or other nondesignated country.
    <bullet> DFARS 252.225-7009, Duty-Free Entry-Qualifying Country 
Supplies (End Products and Components), DFARS 252.225-7010, Duty-Free 
Entry-Additional Provisions, and DFARS 252.225-7037, Duty-Free Entry-
Eligible End Products, all as prescribed in 225.605-70, require the 
contractor or an authorized agent to provide information on shipping 
documents and customs forms regarding those items that are eligible for 
duty-free entry (proposed rule, published March 11, 1997, 62 FR 11142).
    <bullet> DFARS 252.225-7016 Restriction on Acquisition of Ball and 
Roller Bearings, as prescribed in 225.7019-4, requires contractor 
retention of records showing compliance with the restriction until 3 
years after final payment. The contractor agrees to make the records 
available to the contracting officer upon request. The Contractor may 
request a waiver in accordance with 225.7019-3, which also requires the 
contractor to submit a written plan for transitioning to domestically 
manufactured bearings, for a waiver under a multiyear contract or a 
contract exceeding 12 months.
    <bullet> DFARS 252.225-7018, Notice of Prohibition of Certain 
Contracts with Foreign Entities for the Conduct of Ballistic Missile 
Defense RDTSE, as prescribed in 225.7011-5, is used in all 
competitively negotiated Ballistic Missile Defense solicitations for 
research, development, test, and evaluation, unless foreign 
participation is otherwise excluded, and requires the offeror to check 
its status as a U.S. firm.
    <bullet> DFARS 252.225-7020, Trade Agreements Certificate, as 
prescribed in 225.408(a)(3), requires the offeror to list nondesignated 
country end products. This is a new provision, used in solicitations 
for information technology products subject to the Trade Agreements 
Act, in lieu of 252.225-7006 (proposed rule, published September 9, 
1997, 62 FR 47407).
    <bullet> DFARS 252.225-7025, Restriction on Acquisition of 
Forgings, as prescribed in 225.7102-4, requires contractor retention of 
records showing compliance with the restriction until 3 years after 
final payment. The contractor agrees to make the records available to 
the contracting officer upon request. The contractor may request a 
waiver in accordance with 225.7102-3.
    <bullet> DFARS 252.225-7026, Reporting of Contract Performance 
Outside the United States, as prescribed in 225.7203, requires the 
contractor to submit a Report of Contract Performance Outside the 
United States when any part of the contract that exceeds a specified 
dollar threshold will be performed outside the United States. The 
specified threshold is $500,000 for contracts that exceed $10 million, 
or the simplified acquisition threshold ($100,000) for contracts that 
exceed $500,000. The Contractor may submit the report on DD Form 2139, 
Report of Contract Performance Outside the United States, or may use a 
computer-generated report that contains all information required by DD 
Form 2139 (proposed rule, published October 17, 1997, 62 FR 54017).
    <bullet> DFARS 252.225-7032, Waiver of United Kingdom Levies, as 
prescribed in 225.873-3, requires United Kingdom (U.K.) prime 
contractors, and prime contractors with subcontracts of a dollar value 
exceeding $1 million with U.K. firms, to provide certain information 
necessary for DoD to obtain a waiver of U.K. levies.
    <bullet> DFARS 252.225-7035, Buy American Act--North American Free 
Trade Agreement Implementation Act--Balance of Payments Program 
Certificate, as prescribed in 225.408(a)(3), requires the offeror to 
list qualifying country (except Canada), NAFTA country, or other 
foreign end products. Alternate I, as prescribed in 225.408(a)(3), 
requires listing of Canadian end products, rather than NAFTA country 
end products, in solicitations between $25,000 and $50,000 (proposed 
rule published March 11, 1997 (62 FR 11142).
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
[FR Doc. 97-31110 Filed 11-25-97; 8:45 am]
BILLING CODE 5000-04-M