[Federal Register: May 7, 1999 (Volume 64, Number 88)]
[Rules and Regulations]               
[Page 24528]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07my99-13]

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DEPARTMENT OF DEFENSE

48 CFR Part 213

[DFARS Case 98-D031]

 
Defense Federal Acquisition Regulation Supplement; Applicability 
of Buy American Clauses to Simplified Acquisitions

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

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SUMMARY: The Director of Defense Procurement has issued a final rule 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to clarify the use of contract clauses that implement the Buy American 
Act. The rule applies to acquisitions that use the Federal Acquisition 
Regulation (FAR) clause containing a list of clauses that most commonly 
apply to simplified acquisitions.

EFFECTIVE DATE: May 7, 1999.

EFFECTIVE DATES: Ms. Amy Williams, Defense Acquisition Regulations 
Council, PDUSD (A&T) DP (DAR), IMD 3D139, 3062 Defense Pentagon, 
Washington, DC 20301-3062. Telephone (703) 602-0131; telefax (703) 602-
0350. Please cite DFARS Case 98-D031.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule revises DFARS 213.302-5 to clarify that, when using 
the clause at FAR 52.213-4, Terms and Conditions-Simplified 
Acquisitions (Other Than Commercial Items), the contracting officer 
must delete the reference to the clause at FAR 52.225-3, Buy American 
Act-Supplies. In accordance with DFARS 225.109(d), the clause at FAR 
52.225-3 does not apply to DoD. This rule instead requires the 
contracting officer to use the appropriate Buy American Act clause 
prescribed by the DFARS.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    This final rule does not constitute a significant revision within 
the meaning of FAR 1.501 and Public Law 98-577 and publication for 
public comment is not required. However, comments from small entities 
concerning the affected DFARS subpart will be considered in accordance 
with 5 U.S.C. 610. Such comments should cite DFARS Case 98-D031.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the rule does 
not impose any information collection requirements that require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501, 
et seq.

List of Subjects in 48 CFR Part 213

    Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.

    Therefore, 48 CFR Part 213 is amended as follows:
    1. The authority citation for 48 CFR Part 213 continues to read as 
follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 213--SIMPLIFIED ACQUISITION PROCEDURES

    2. Section 213.302-5 is revised to read as follows:


Sec. 213.302-5  Clauses.

    (a) Use the clause at 252.243-7001, Pricing of Contract 
Modifications, in all bilateral purchase orders.
    (d) When using the clause at FAR 52.213-4, delete the reference to 
the clause at FAR 52.225-3, Buy American Act-Supplies. Instead, if the 
Buy American Act applies to the acquisition, use the clause at--
    (i) 252.225-7001, Buy American Act and Balance of Payments Program, 
as prescribed at 225.109(d); or
    (ii) 252.225-7036, Buy American Act-North American Free Trade 
Agreement Implementation Act-Balance of Payments Program, as prescribed 
at 225.408(a)(vi).

[FR Doc. 99-11549 Filed 5-6-99; 8:45 am]
BILLING CODE 5000-04-M