81_FR_96696 81 FR 96445 - Information Collection Requirement; Defense Federal Acquisition Regulation Supplement, Foreign Acquisition

81 FR 96445 - Information Collection Requirement; Defense Federal Acquisition Regulation Supplement, Foreign Acquisition

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 81, Issue 251 (December 30, 2016)

Page Range96445-96446
FR Document2016-31744

DoD announces the proposed extension of a public information collection requirement and seeks public comment on the provisions thereof. The Office of Management and Budget (OMB) has approved this information collection requirement for use through March 31, 2017. DoD proposes that OMB extend its approval for use for three additional years beyond the current expiration date.

Federal Register, Volume 81 Issue 251 (Friday, December 30, 2016) 
[Federal Register Volume 81, Number 251 (Friday, December 30, 2016)]
[Notices]
[Pages 96445-96446]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31744]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

[Docket Number DARS-2016-0039; OMB Control Number 0704-0229]


Information Collection Requirement; Defense Federal Acquisition 
Regulation Supplement, Foreign Acquisition

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

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

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SUMMARY: DoD announces the proposed extension of a public information 
collection requirement and seeks public comment on the provisions 
thereof. The Office of Management and Budget (OMB) has approved this 
information collection requirement for use through March 31, 2017. DoD 
proposes that OMB extend its approval for use for three additional 
years beyond the current expiration date.

DATES: DoD will consider all comments received by February 28, 2017.

ADDRESSES: You may submit comments, identified by OMB Control Number 
0704-0398, using any of the following methods:
    [cir] Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    [cir] Email: [email protected]. Include OMB Control Number 0704-
0229 in the subject line of the message.
    [cir] Fax: 571-372-6094.
    [cir] Mail: Defense Acquisition Regulations System, Attn: Ms. Amy 
Williams, OUSD(AT&L)DPAP/DARS, Room 3B941, 3060 Defense Pentagon, 
Washington, DC 20301-3060.
    Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To 
confirm receipt of your comment(s), please check www.regulations.gov 
approximately two to three days after submission to verify posting. 
Please allow 30 days for posting of comments submitted by postal mail.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, (571) 372-6106. The 
information collection requirements addressed in this notice are 
available on the World Wide Web at: http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html. Paper copies are available from Ms. Amy 
Williams, OUSD(AT&L)DPAP(DARS), Room 3B941, 3060 Defense Pentagon, 
Washington, DC 20301-3060.

SUPPLEMENTARY INFORMATION: In compliance with Section 3506(c)(2)(A) of 
the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), DoD invites 
comments on: (a) Whether the proposed collection of information is 
necessary for the proper performance of the functions of DoD, including 
whether the information will have practical utility; (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.
    Title, Associated Form, and OMB Number: Defense Federal Acquisition 
Regulation Supplement Part 225, Foreign Acquisition, and Related 
Clauses at 252.225; DD Form 2139; OMB Control Number 0704-0229.
    Needs and Uses: DoD needs this information to ensure compliance 
with restrictions on the acquisition of foreign products imposed by 
statute or policy to protect the industrial base; to ensure compliance 
with U.S. trade agreements and memoranda of understanding that promote 
reciprocal trade with U.S. allies; and to prepare reports for 
submission to the Department of Commerce on the Balance of Payments 
Program.
    Affected Public: Businesses or other for-profit and not-for-profit 
institutions.
    Number of Respondents: 26,669.
    Responses Per Respondent: About 10.
    Annual Responses: 263,863.
    Average Burden Per Response: .29 hours.
    Annual Burden Hours: 77,209 (76,944 reporting hours and 265 
recordkeeping hours).
    Reporting Frequency: On occasion.

Summary of Information Collection

    This information collection includes requirements related to 
foreign acquisition in DFARS Part 225, Foreign Acquisition, and the 
related clause at DFARS 252.225.
    DFARS 252.225-7000, Buy American Act--Balance of Payments Program 
Certificate, as prescribed in 225.1101(1), requires an offeror to 
identify, in its proposal, supplies that are not domestic end products, 
separately listing qualifying country and other foreign end products.
    DFARS 252.225-7003, Report of Intended Performance Outside the 
United States and Canada--Submission with Offer, and 252.225-7004, 
Report of Intended Performance Outside the United States and Canada--
Submission after Award, as prescribed in 225.7204(a) and (b) 
respectively, require offerors and contractors to submit a Report of 
Contract Performance Outside the United States for subcontracts to be 
performed outside the United States. The reporting threshold is 
$700,000 for contracts that exceed $13.5 million. The contractor may 
submit the report on DD Form 2139, Report of Contract Performance 
Outside the United States, or a computer-generated report that contains 
all information required by DD Form 2139.
    DFARS 252.225-7005, Identification of Expenditures in the United 
States, as prescribed in 225.1103(1), requires contractors incorporated 
or located in the United States to identify, on each request for 
payment under contracts for supplies to be used, or for construction or 
services to be performed, outside the United States, that part of the 
requested payment representing estimated expenditures in the United 
States.
    DFARS 252.225-7010, Commercial Derivative Military Article--
Specialty Metals Compliance Certificate, as prescribed at 225.7003-
5(b), requires the offeror to certify that it will take certain actions 
with regard to specialty metals if the offeror chooses to use the 
alternative compliance approach when providing commercial derivative 
military articles to the Government.
    DFARS 252.225-7013, Duty-Free Entry, as prescribed in 225.1101(4), 
requires the contractor to provide information on shipping documents 
and customs forms regarding products that are eligible for duty-free 
entry.
    DFARS 252.225-7018, Photovoltaic Devices--Certificate, as 
prescribed at 225.7017-4(b), requires offerors to certify that no 
photovoltaic devices with an estimated value exceeding $3,000 will be 
utilized in performance of the

[[Page 96446]]

contract or to specify the country of origin.
    DFARS 252.225-7020, Trade Agreements Certificate, as prescribed in 
225.1101(5), requires an offeror to list the item number and country of 
origin of any nondesignated country end product that it intends to 
furnish under the contract. Either 252.225-7020 or 252.225-7022 is used 
in any solicitation for products subject to the World Trade 
Organization Government Procurement Agreement.
    DFARS 252.225-7021, Alternate II, Trade Agreements, as prescribed 
in 225.1101(6)(ii), in order to comply with a condition of the waiver 
authority provided by the United States Trade Representative to the 
Secretary of Defense, requires contractors from a south Caucasus/
central or south Asian state to inform the government of its 
participation in the acquisition and also advise their governments that 
they generally will not have such opportunities in the future unless 
their governments provide reciprocal procurement opportunities to U.S. 
products and services and suppliers of such products and services.
    DFARS 252.225-7023, Preference for Products or Services from 
Afghanistan, as prescribed in 225.7703-5(a), requires an offeror to 
identify, in its proposal, products or services that are not products 
or services from Iraq or Afghanistan.
    DFARS 252.225-7025, Restriction on Acquisition of Forgings, as 
prescribed in 225.7102-4, requires the contractor to retain records 
showing compliance with the requirement that end items and their 
components delivered under the contract contain forging items that are 
of domestic manufacture only. The contractor must retain the records 
for 3 years after final payment and must make the records available 
upon request of the contracting officer. The contractor may request a 
waiver of this requirement in accordance with DFARS 225.7102-3.
    DFARS 252.225-7032, Waiver of United Kingdom Levies--Evaluation of 
Offers, and 252.225-7033, Waiver of United Kingdom Levies, as 
prescribed in 225.1101(7) and (8), require an offeror to provide 
information to the contracting officer regarding any United Kingdom 
levies included in the offered price, and require the contractor to 
provide information to the contracting officer regarding any United 
Kingdom levies to be included in a subcontract that exceeds $1 million, 
before award of the subcontract.
    DFARS 252.225-7035, Buy American Act--North American Free Trade 
Agreement Implementation Act--Balance of Payments Program Certificate, 
as prescribed in 225.1101(9), requires an offeror to list any 
qualifying country, NAFTA country, or other foreign end product that it 
intends to furnish under the contract. The Buy American Act no longer 
applies to acquisitions of commercial information technology.
    DFARS 252.225-7046, Exports of Approved Community Members in 
Response to the Solicitation, requires a representation whether exports 
or transfers of qualifying defense articles were made in preparing the 
response to the solicitation. If yes, the offeror represents that such 
exports or transfers complied with the requirements of the provision.

Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.
[FR Doc. 2016-31744 Filed 12-29-16; 8:45 am]
BILLING CODE 5001-06-P

Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Notices 96445 • DFARS 252.232–7013 is prescribed Comments received generally will be Reporting Frequency: On occasion. for use at 232.1005–70(b). This clause posted without change to http:// Summary of Information Collection requires contractors to report the www.regulations.gov, including any negotiated value of current personal information provided. To This information collection includes performance-based payment(s) event(s); confirm receipt of your comment(s), requirements related to foreign cumulative negotiated value of please check www.regulations.gov acquisition in DFARS Part 225, Foreign performance-based payment(s) events approximately two to three days after Acquisition, and the related clause at completed to date; total costs incurred submission to verify posting. Please DFARS 252.225. to date; cumulative amount of payments allow 30 days for posting of comments DFARS 252.225–7000, Buy American previously requested; and the payment submitted by postal mail. Act—Balance of Payments Program amount requested for the current Certificate, as prescribed in 225.1101(1), FOR FURTHER INFORMATION CONTACT: Ms. performance based payment. requires an offeror to identify, in its Amy Williams, (571) 372–6106. The proposal, supplies that are not domestic Jennifer L. Hawes, information collection requirements end products, separately listing Editor, Defense Acquisition Regulations addressed in this notice are available on qualifying country and other foreign end System. the World Wide Web at: http:// products. [FR Doc. 2016–31757 Filed 12–29–16; 8:45 am] www.acq.osd.mil/dpap/dars/dfarspgi/ DFARS 252.225–7003, Report of current/index.html. Paper copies are Intended Performance Outside the BILLING CODE 5001–06–P available from Ms. Amy Williams, United States and Canada—Submission OUSD(AT&L)DPAP(DARS), Room with Offer, and 252.225–7004, Report of DEPARTMENT OF DEFENSE 3B941, 3060 Defense Pentagon, Intended Performance Outside the Washington, DC 20301–3060. United States and Canada—Submission Defense Acquisition Regulations SUPPLEMENTARY INFORMATION: In after Award, as prescribed in System compliance with Section 3506(c)(2)(A) 225.7204(a) and (b) respectively, require [Docket Number DARS–2016–0039; OMB of the Paperwork Reduction Act of 1995 offerors and contractors to submit a Control Number 0704–0229] (44 U.S.C. Chapter 35), DoD invites Report of Contract Performance Outside comments on: (a) Whether the proposed the United States for subcontracts to be Information Collection Requirement; collection of information is necessary performed outside the United States. Defense Federal Acquisition for the proper performance of the The reporting threshold is $700,000 for Regulation Supplement, Foreign functions of DoD, including whether the contracts that exceed $13.5 million. The Acquisition information will have practical utility; contractor may submit the report on DD (b) the accuracy of the estimate of the Form 2139, Report of Contract AGENCY: Defense Acquisition burden of the proposed information Performance Outside the United States, Regulations System, Department of collection; (c) ways to enhance the or a computer-generated report that Defense (DoD). quality, utility, and clarity of the contains all information required by DD ACTION: Notice and request for information to be collected; and (d) Form 2139. comments regarding a proposed ways to minimize the burden of the DFARS 252.225–7005, Identification extension of an approved information information collection on respondents, of Expenditures in the United States, as collection requirement. including the use of automated prescribed in 225.1103(1), requires collection techniques or other forms of contractors incorporated or located in SUMMARY: DoD announces the proposed information technology. the United States to identify, on each extension of a public information Title, Associated Form, and OMB request for payment under contracts for collection requirement and seeks public Number: Defense Federal Acquisition supplies to be used, or for construction comment on the provisions thereof. The Regulation Supplement Part 225, or services to be performed, outside the Office of Management and Budget Foreign Acquisition, and Related United States, that part of the requested (OMB) has approved this information Clauses at 252.225; DD Form 2139; OMB payment representing estimated collection requirement for use through Control Number 0704–0229. expenditures in the United States. March 31, 2017. DoD proposes that Needs and Uses: DoD needs this DFARS 252.225–7010, Commercial OMB extend its approval for use for information to ensure compliance with Derivative Military Article—Specialty three additional years beyond the restrictions on the acquisition of foreign Metals Compliance Certificate, as current expiration date. products imposed by statute or policy to prescribed at 225.7003–5(b), requires DATES: DoD will consider all comments protect the industrial base; to ensure the offeror to certify that it will take received by February 28, 2017. compliance with U.S. trade agreements certain actions with regard to specialty ADDRESSES: You may submit comments, and memoranda of understanding that metals if the offeror chooses to use the identified by OMB Control Number promote reciprocal trade with U.S. alternative compliance approach when 0704–0398, using any of the following allies; and to prepare reports for providing commercial derivative methods: submission to the Department of military articles to the Government. Æ Federal eRulemaking Portal: http:// Commerce on the Balance of Payments DFARS 252.225–7013, Duty-Free www.regulations.gov. Follow the Program. Entry, as prescribed in 225.1101(4), instructions for submitting comments. Affected Public: Businesses or other requires the contractor to provide Æ Email: osd.dfars@mail.mil. Include for-profit and not-for-profit institutions. information on shipping documents and OMB Control Number 0704–0229 in the Number of Respondents: 26,669. customs forms regarding products that srobinson on DSK5SPTVN1PROD with NOTICES subject line of the message. Responses Per Respondent: About 10. are eligible for duty-free entry. Æ Fax: 571–372–6094. Annual Responses: 263,863. DFARS 252.225–7018, Photovoltaic Æ Mail: Defense Acquisition Average Burden Per Response: .29 Devices—Certificate, as prescribed at Regulations System, Attn: Ms. Amy hours. 225.7017–4(b), requires offerors to Williams, OUSD(AT&L)DPAP/DARS, Annual Burden Hours: 77,209 (76,944 certify that no photovoltaic devices with Room 3B941, 3060 Defense Pentagon, reporting hours and 265 recordkeeping an estimated value exceeding $3,000 Washington, DC 20301–3060. hours). will be utilized in performance of the VerDate Sep<11>2014 19:18 Dec 29, 2016 Jkt 241001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\30DEN1.SGM 30DEN1

96446 Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Notices contract or to specify the country of Certificate, as prescribed in 225.1101(9), FOR FURTHER INFORMATION CONTACT: For origin. requires an offeror to list any qualifying specific questions related to collection DFARS 252.225–7020, Trade country, NAFTA country, or other activities, please contact Rosa Olmeda, Agreements Certificate, as prescribed in foreign end product that it intends to 202–453–5968. 225.1101(5), requires an offeror to list furnish under the contract. The Buy SUPPLEMENTARY INFORMATION: The the item number and country of origin American Act no longer applies to Department of Education (ED), in of any nondesignated country end acquisitions of commercial information accordance with the Paperwork product that it intends to furnish under technology. Reduction Act of 1995 (PRA) (44 U.S.C. the contract. Either 252.225–7020 or DFARS 252.225–7046, Exports of 3506(c)(2)(A)), provides the general 252.225–7022 is used in any solicitation Approved Community Members in public and Federal agencies with an for products subject to the World Trade Response to the Solicitation, requires a opportunity to comment on proposed, Organization Government Procurement representation whether exports or revised, and continuing collections of Agreement. transfers of qualifying defense articles information. This helps the Department DFARS 252.225–7021, Alternate II, were made in preparing the response to assess the impact of its information Trade Agreements, as prescribed in the solicitation. If yes, the offeror collection requirements and minimize 225.1101(6)(ii), in order to comply with represents that such exports or transfers the public’s reporting burden. It also a condition of the waiver authority complied with the requirements of the helps the public understand the provided by the United States Trade provision. Department’s information collection Representative to the Secretary of Jennifer L. Hawes, requirements and provide the requested Defense, requires contractors from a data in the desired format. ED is south Caucasus/central or south Asian Editor, Defense Acquisition Regulations System. soliciting comments on the proposed state to inform the government of its participation in the acquisition and also [FR Doc. 2016–31744 Filed 12–29–16; 8:45 am] information collection request (ICR) that advise their governments that they is described below. The Department of BILLING CODE 5001–06–P generally will not have such Education is especially interested in opportunities in the future unless their public comment addressing the governments provide reciprocal following issues: (1) Is this collection DEPARTMENT OF EDUCATION necessary to the proper functions of the procurement opportunities to U.S. products and services and suppliers of [Docket No.: ED–2016–ICCD–0147] Department; (2) will this information be such products and services. processed and used in a timely manner; DFARS 252.225–7023, Preference for Agency Information Collection (3) is the estimate of burden accurate; Products or Services from Afghanistan, Activities; Comment Request; (4) how might the Department enhance as prescribed in 225.7703–5(a), requires Mandatory Civil Rights Data Collection the quality, utility, and clarity of the an offeror to identify, in its proposal, information to be collected; and (5) how AGENCY: Office for Civil Rights (OCR), might the Department minimize the products or services that are not Department of Education (ED). products or services from Iraq or burden of this collection on the Afghanistan. ACTION: Notice. respondents, including through the use DFARS 252.225–7025, Restriction on of information technology. Please note SUMMARY: In accordance with the that written comments received in Acquisition of Forgings, as prescribed in Paperwork Reduction Act of 1995 (44 225.7102–4, requires the contractor to response to this notice will be U.S.C. chapter 3501 et seq.), ED is considered public records. retain records showing compliance with proposing a revision of an existing the requirement that end items and their Title of Collection: Mandatory Civil information collection. Rights Data Collection. components delivered under the contract contain forging items that are of DATES: Interested persons are invited to OMB Control Number: 1870–0504. domestic manufacture only. The submit comments on or before February Type of Review: A revision of an contractor must retain the records for 3 28, 2017. existing information collection. years after final payment and must make ADDRESSES: To access and review all the Respondents/Affected Public: State, the records available upon request of the documents related to the information Local, and Tribal Governments. contracting officer. The contractor may collection listed in this notice, please Total Estimated Number of Annual request a waiver of this requirement in use http://www.regulations.gov by Responses: 17,620. accordance with DFARS 225.7102–3. searching the Docket ID number ED– Total Estimated Number of Annual DFARS 252.225–7032, Waiver of 2016–ICCD–0147. Comments submitted Burden Hours: 1,511,450. United Kingdom Levies—Evaluation of in response to this notice should be Abstract: The collection, use and Offers, and 252.225–7033, Waiver of submitted electronically through the reporting of education data is an integral United Kingdom Levies, as prescribed Federal eRulemaking Portal at http:// component of the mission of the U.S. in 225.1101(7) and (8), require an offeror www.regulations.gov by selecting the Department of Education (ED). EDFacts, to provide information to the Docket ID number or via postal mail, an ED initiative to put performance data contracting officer regarding any United commercial delivery, or hand delivery. at the center of ED’s policy, Kingdom levies included in the offered Please note that comments submitted by management, and budget decision- price, and require the contractor to fax or email and those submitted after making processes for all K–12 education provide information to the contracting the comment period will not be programs, has transformed the way in officer regarding any United Kingdom accepted. Written requests for which ED collects and uses data. For srobinson on DSK5SPTVN1PROD with NOTICES levies to be included in a subcontract information or comments submitted by school years 2009–10 and 2011–12, the that exceeds $1 million, before award of postal mail or delivery should be Civil Rights Data Collection (CRDC) was the subcontract. addressed to the Director of the approved by OMB as part of the EDFacts DFARS 252.225–7035, Buy American Information Collection Clearance information collection (1875–0240). For Act—North American Free Trade Division, U.S. Department of Education, school years 2013–14 and 2015–16, the Agreement Implementation Act— 400 Maryland Avenue SW., LBJ, Room Office for Civil Rights (OCR) cleared the Balance of Payments Program 224–82, Washington, DC 20202–4537. CRDC as a separate collection from VerDate Sep<11>2014 19:18 Dec 29, 2016 Jkt 241001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\30DEN1.SGM 30DEN1


Document Created: 2016-12-30 05:16:16
Document Modified: 2016-12-30 05:16:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice and request for comments regarding a proposed extension of an approved information collection requirement.
DatesDoD will consider all comments received by February 28, 2017.
ContactMs. Amy Williams, (571) 372-6106. The
FR Citation81 FR 96445 
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