[Federal Register: November 12, 2002 (Volume 67, Number 218)]
[Proposed Rules]
[Page 68551]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12no02-25]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 1825
RIN 2700-AC33
Trade Agreements Act--Exception for U.S.-Made End Products
AGENCY: National Aeronautics and Space Administration.
ACTION: Proposed rule.
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SUMMARY: NASA is proposing to amend the NASA FAR Supplement (NFS) to
implement the determination of the Assistant Administrator for
Procurement that, for procurements subject to the Trade Agreements Act,
it would be inconsistent with the public interest to apply the Buy
American Act for U.S.-made end products that are substantially
transformed in the United States.
DATES: Comments should be submitted on or before January 13, 2003.
ADDRESSES: Interested parties should submit written comments to Patrick
Flynn, NASA Headquarters, Office of Procurement, Contract Management
Division (Code HK), Washington, DC 20546. Comments may also be
submitted by e-mail to pflynn@hq.nasa.gov.
FOR FURTHER INFORMATION CONTACT: Patrick Flynn, (202) 358-0460; e-mail:
pflynn@hq.nasa.gov.
SUPPLEMENTARY INFORMATION:
A. Background
On September 13, 2002, the Assistant Administrator for Procurement
determined that, for procurements subject to the Trade Agreements Act,
it would be inconsistent with the public interest to apply the Buy
American Act to U.S.-made end products that are substantially
transformed in the United Sates. The September 13, 2002, determination
is consistent with Federal Acquisition Regulation policy and the
Department of Defense policy with regard to the treatment of U.S.-made
end products.
This proposed rule implements the September 13, 2002,
determination. This proposed rule will simplify evaluation of offers in
acquisitions subject to the Trade Agreements Act, because it will no
longer be necessary to determine if a U.S.-made end product is also a
domestic end product, i.e., the cost of domestic components exceeds the
cost of all components by more than 50 percent.
This proposed rule is not subject to Office of Management and
Budget review under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
This proposed rule is not expected to have a significant economic
impact on a substantial number of small entities with the meaning of
the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because NASA has
few acquisitions subject to the Trade Agreements Act in which small
businesses proposing domestic end products have received a percent
price evaluation preference over offers of U.S.-made end products for
which the cost of foreign components exceeds the cost of domestic
components by 50 percent or more.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes do
not impose any new recordkeeping or information collection requirements
which require the approval of the Office of Management and Budget under
44 U.S.C. 3501, et seq. This proposed rule would eliminate the
requirement for offerors to track and document the origin of components
of U.S.-made end products in acquisitions subject to the Trade
Agreements Act in order to comply with the FAR.
List of Subjects in 48 CFR Part 1825
Government procurement.
Tom Luedtke,
Assistant Administrator for Procurement.
Accordingly, 48 CFR part 1825 is amended as follows:
1. The authority citation for 48 CFR Part 1825 continues to read as
follows:
Authority: 42 U.S.C. 2473(c)(1)
PART 1825--FOREIGN ACQUISITION
1825.103 [Amended]
2. Amend section 1825.103 by adding paragraph (a)(iii) to read as
follows:
1825.103 Exceptions.
(a) * * *
(iii) The Assistant Administrator for Procurement has determined
that for procurements subject to the Trade Agreements Act, it would be
inconsistent with the public interest to apply the Buy American Act to
U.S.-made end products that are substantially transformed in the United
States.
1825.1101 [Amended] (NASA supplements paragraph (c)(1))
3. Amend section 1825.1101 by adding paragraph (c)(1) to read as
follows:
1825.1101 Acquisition of supplies.
(c)(1) NASA has determined that the restrictions of the Buy
American Act are not applicable to U.S.-made end products.
* * * * *
[FR Doc. 02-28542 Filed 11-8-02; 8:45 am]
BILLING CODE 7510-01-P