Defense Acquisition Regulations System, Department of Defense (DoD).
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.
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
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 252End List of Subjects Start Signature
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
Therefore,End Amendment Part Start Amendment Part
1. The authority citation forEnd Amendment Part Start Part
PART 212—ACQUISITION OF COMMERCIAL ITEMS
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
4. Section 225.1103 is amended as follows:End Amendment Part Start Amendment Part
a. By removing paragraph (2); andEnd 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
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.
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).
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.
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.
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.
PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES
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
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
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