Skip to Content

Rule

Defense Federal Acquisition Regulation Supplement; Relocation of Subpart 225.6 to 225.76

Document Details

Information about this document as published in the Federal Register.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble

AGENCY:

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

ACTION:

Final rule.

SUMMARY:

DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to relocate text addressing trade sanctions, to reflect the removal of the corresponding subpart of the Federal Acquisition Regulation.

EFFECTIVE DATE:

July 11, 2006.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

Ms. Amy Williams, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0328; facsimile (703) 602-0350. Please cite DFARS Case 2006-D003.

End Further Info End Preamble Start Supplemental Information

SUPPLEMENTARY INFORMATION:

A. Background

Item VII of Federal Acquisition Circular 2005-09, published at 71 FR 20305 on April 19, 2006, removed FAR Subpart 25.6, Trade Sanctions. Therefore, this final rule removes the corresponding DFARS subpart. The text formerly included in DFARS Subpart 225.6, addressing DoD statutory restrictions relating to the Secondary Arab Boycott of Israel, is relocated to a new DFARS Subpart 225.76 with no substantive change in content.

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 rule will not have a significant cost or administrative impact on Start Printed Page 39006contractors or offerors, or a significant effect beyond the internal operating procedures of DoD. Therefore, publication for public comment is not required. However, DoD will consider comments from small entities concerning the affected DFARS subparts in accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 2006-D003.

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.

Start List of Subjects

List of Subjects in 48 CFR Parts 212, 225, and 252

End List of Subjects Start Signature

Michele P. Peterson,

Editor, Defense Acquisition Regulations System.

End Signature Start Amendment Part

Therefore,

End Amendment Part Start Amendment Part

1. The authority citation for

End Amendment Part Start Authority

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

End Authority Start Part

PART 212—ACQUISITION OF COMMERCIAL ITEMS

[Amended]
End Part Start Amendment Part

2. Section 212.301 is amended in paragraph (f)(ii), in the second sentence, by removing “(see 225.670-3)” and adding in its place “(see 225.7603)”.

End Amendment Part Start Part

PART 225—FOREIGN ACQUISITION

Subpart 225.6—[Removed]

End Part Start Amendment Part

3. Subpart 225.6 is removed.

End Amendment Part
[Amended]
Start Amendment Part

4. Section 225.1103 is amended as follows:

End Amendment Part Start Amendment Part

a. By removing paragraph (2); and

End Amendment Part Start Amendment Part

b. By redesignating paragraphs (3) and (4) as paragraphs (2) and (3) respectively.

End Amendment Part Start Amendment Part

5. Subpart 225.76 is added to read as follows:

End Amendment Part
Subpart 225.76—Secondary Arab Boycott of Israel
225.7601
Restriction.
225.7602
Procedures.
225.7603
Exceptions.
225.7604
Waivers.
225.7605
Solicitation provision.

Subpart 225.76—Secondary Arab Boycott of Israel

Restriction.

In accordance with 10 U.S.C. 2410i, do not enter into a contract with a foreign entity unless it has certified that it does not comply with the secondary Arab boycott of Israel.

Procedures.

For contracts awarded to the Canadian Commercial Corporation (CCC), the CCC will submit a certification from its proposed subcontractor with the other required precontractual information (see 225.870).

Exceptions.

This restriction does not apply to—

(a) Purchases at or below the simplified acquisition threshold;

(b) Contracts for consumable supplies, provisions, or services for the support of United States forces or of allied forces in a foreign country; or

(c) Contracts pertaining to the use of any equipment, technology, data, or services for intelligence or classified purposes, or to the acquisition or lease thereof, in the interest of national security.

Waivers.

The Secretary of Defense may waive this restriction on the basis of national security interests. Forward waiver requests to the Director, Defense Procurement and Acquisition Policy, ATTN: OUSD(AT&L)DPAP(PAIC), 3060 Defense Pentagon, Washington, DC 20301-3060.

Solicitation provision.

Unless an exception applies or a waiver has been granted in accordance with 225.7604, use the provision at 252.225-7031, Secondary Arab Boycott of Israel, in all solicitations.

Start Part

PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

[Amended]
End Part Start Amendment Part

6. Section 252.225-7031 is amended in the introductory text by removing “225.1103(2)” and adding in its place “225.7605”.

End Amendment Part
[Amended]
Start Amendment Part

7. Section 252.225-7041 is amended in the introductory text by removing “225.1103(3)” and adding in its place “225.1103(2)”.

End Amendment Part
[Amended]
Start Amendment Part

8. Section 252.225-7042 is amended in the introductory text by removing “225.1103(4)” and adding in its place “225.1103(3)”.

End Amendment Part End Supplemental Information

[FR Doc. E6-10850 Filed 7-10-06; 8:45 am]

BILLING CODE 5001-08-P