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)

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, 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