[Federal Register: November 10, 2004 (Volume 69, Number 217)]
[Proposed Rules]
[Page 65121-65126]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10no04-31]
[[Page 65121]]
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DEPARTMENT OF DEFENSE
48 CFR Parts 204, 208, 209, 212, 213, 215, 217, 219, 222, 223, 225,
227, 233, 235, 236, 237, 242, 247, 252, and 253 and Appendix F to
Chapter 2
[DFARS Case 2001-D003]
Defense Federal Acquisition Regulation Supplement; Geographic Use
of the Term ``United States''
AGENCY: Department of Defense (DoD).
ACTION: Proposed rule with request for comments.
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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to standardize the use of the term
``United States'' and associated geographic terms, in accordance with
definitions found in the Federal Acquisition Regulation.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before January 10, 2005, to be considered
in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2001-D003,
using any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Defense Acquisition Regulations Web site: http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm.
Follow the instructions for
submitting comments.
E-mail: dfars@osd.mil. Include DFARS Case 2001-D003 in the
subject line of the message.
Fax: (703) 602-0350.
Mail: Defense Acquisition Regulations Council, Attn: Ms.
Amy Williams, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon,
Washington, DC 20301-3062.
Hand Delivery/Courier: Defense Acquisition Regulations
Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA
22202-3402.
All comments received will be posted to http://emissary.acq.osd.mil/dar/dfars.nsf
.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, (703) 602-0328.
SUPPLEMENTARY INFORMATION:
A. Background
This proposed rule amends the DFARS to standardize the use of
geographic terms, for consistency with the definitions of the following
terms found in section 2.101 of the Federal Acquisition Regulation:
``United States''; ``contiguous United States''; ``customs territory of
the United States''; and ``outlying areas''.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD does not expect this rule to have a significant economic impact
on a substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule
standardizes DFARS terminology, but makes no substantive change to
policy. Therefore, DoD has not performed an initial regulatory
flexibility analysis. DoD invites comments from small businesses and
other interested parties. DoD also will consider comments from small
entities concerning the affected DFARS subparts in accordance with 5
U.S.C. 610. Such comments should be submitted separately and should
cite DFARS Case 2001-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.
List of Subjects in 48 CFR Parts 204, 208, 209, 212, 213, 215, 217,
219, 222, 223, 225, 227, 233, 235, 236, 237, 242, 247, 252, and 253
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
Therefore, DoD proposes to amend 48 CFR parts 204, 208, 209, 212,
213, 215, 217, 219, 222, 223, 225, 227, 233, 235, 236, 237, 242, 247,
252, and 253 and Appendix F to Chapter 2 as follows:
PART 204--ADMINISTRATIVE MATTERS
1. The authority citation for 48 CFR Parts 204, 208, 209, 212, 213,
215, 217, 219, 222, 223, 225, 227, 233, 235, 236, 237, 242, 247, 252,
and 253 and Appendix F to subchapter I continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
204.670-1 [Amended]
2. Section 204.670-1 is amended by removing paragraph (d).
3. Section 204.904 is amended by revising paragraph (1)(v) to read
as follows:
204.904 Reporting payment information to the IRS.
(1) * * *
(v) Any contract with a State, the District of Columbia, or an
outlying area of the United States; or a political subdivision, agency,
or instrumentality of any of the foregoing;
* * * * *
PART 208--REQUIRED SOURCES OF SUPPLIES AND SERVICES
4. Section 208.7002 is amended by revising paragraphs (a)(3) and
(4) to read as follows:
208.7002 Assignment authority.
(a) * * *
(3) Outside the contiguous United States, by the Unified
Commanders; and
(4) For acquisitions to be made in the contiguous United States for
commodities not assigned under paragraphs (a)(1), (2), or (3) of this
section, by agreement of agency heads (10 U.S.C. 2311).
* * * * *
PART 209--CONTRACTOR QUALIFICATIONS
5. Section 209.406-2 is amended by revising paragraph (a)
introductory text to read as follows:
209.406-2 Causes for debarment.
(a) Any person shall be considered for debarment if criminally
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States or its outlying areas that was not made in the United States or
its outlying areas (10 U.S.C. 2410f).
* * * * *
PART 212--ACQUISITION OF COMMERCIAL ITEMS
6. Section 212.602 is amended by revising paragraph (b)(ii) to read
as follows:
212.602 Streamlined evaluation of offers.
(b) * * *
(ii) For the acquisition of transportation in supply contracts that
will include a significant requirement for transportation of items
outside the contiguous United States, also evaluate offers in
accordance with the criterion at 247.301-71.
* * * * *
PART 213--SIMPLIFIED ACQUISITION PROCEDURES
7. Section 213.270 is amended by revising paragraph (c)(1) to read
as follows:
213.270 Use of the Governmentwide commercial purchase card.
* * * * *
[[Page 65122]]
(c) * * *
(1) The place of performance is entirely outside the United States
and its outlying areas.
* * * * *
8. Section 213.307 is amended in paragraph (b)(i)(B)(2) by revising
the first sentence to read as follows:
213.307 Forms.
* * * * *
(b)(i) * * *
(B) * * *
(2) Classified acquisitions when the purchase is made within the
United States or its outlying areas. * * *
* * * * *
PART 215--CONTRACTING BY NEGOTIATION
9. Section 215.404-76 is amended by revising paragraph (d) to read
as follows:
215.404-76 Reporting profit and fee statistics.
* * * * *
(d) Contracting offices outside the United States and its outlying
areas are exempt from reporting.
* * * * *
PART 217--SPECIAL CONTRACTING METHODS
10. Section 217.7005 is revised to read as follows:
217.7005 Solicitation provision.
Use the provision at 252.217-7002, Offering Property for Exchange,
when offering nonexcess personal property for exchange. Allow a minimum
of 14 calendar days for the inspection period in paragraph (b) of the
clause if the exchange property is in the contiguous United States.
Allow at least 21 calendar days outside the contiguous United States.
11. Section 217.7102 is amended by revising paragraph (a)
introductory text and paragraph (b) to read as follows:
217.7102 General.
(a) Activities shall enter into master agreements for repair and
alteration of vessels with all prospective contractors located within
the United States or its outlying areas, which--
* * * * *
(b) Activities may use master agreements in work with prospective
contractors located outside the United States and its outlying areas.
* * * * *
12. Section 217.7103-3 is amended by revising paragraph (a)
introductory text to read as follows:
217.7103-3 Solicitations for job orders.
(a) When a requirement arises within the United States or its
outlying areas for the type of work covered by the master agreement,
solicit offers from prospective contractors that'
* * * * *
PART 219--SMALL BUSINESS PROGRAMS
13. Section 219.800 is amended in paragraph (a) by revising the
fourth sentence to read as follows:
219.800 General.
(a) * * * Consistent with the provisions of this subpart, this
authority is hereby redelegated to DoD contracting officers within the
United States or its outlying areas, to the extent that it is
consistent with any dollar or other restrictions established in
individual warrants. * * *
* * * * *
PART 222--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
14. Section 222.7201 is amended by revising paragraph (a) to read
as follows:
222.7201 Contract clauses.
(a) Use the clause at 252.222-7002, Compliance with Local Labor
Laws (Overseas), in solicitations and contracts for services or
construction to be performed outside the United States and its outlying
areas.
* * * * *
PART 223--ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-
FREE WORKPLACE
15. Section 223.570-4 is amended by revising paragraph (b)(2) to
read as follows:
223.570-4 Contract clause.
* * * * *
(b) * * *
(2) When performance or partial performance will be outside the
United States and its outlying areas, unless the contracting officer
determines such inclusion to be in the best interest of the Government;
or
* * * * *
PART 225--FOREIGN ACQUISITION
16. Section 225.7014 is revised to read as follows:
225.7014 Restriction on overseas military construction.
For restriction on award of military construction contracts to be
performed in the United States outlying areas in the Pacific and on
Kwajalein Atoll, or in countries bordering the Arabian Gulf, see
236.274(a).
PART 227--PATENTS, DATA, AND COPYRIGHTS
227.7103-17 [Amended]
17. Section 227.7103-17 is amended in paragraph (b) in the second
sentence, and in paragraph (c), by removing ``possessions'' and adding
in its place ``outlying areas''.
227.7203-17 [Amended]
18. Section 227.7203-17 is amended in paragraph (b) in the second
sentence, and in paragraph (c), by removing ``possessions'' and adding
in its place ``outlying areas''.
PART 233--PROTESTS, DISPUTES, AND APPEALS
19. Section 233.215-70 is revised to read as follows:
233.215-70 Additional contract clause.
Use the clause at 252.233-7001, Choice of Law (Overseas), in
solicitations and contracts when contract performance will be outside
the United States and its outlying areas, unless otherwise provided for
in a government-to-government agreement.
PART 235--RESEARCH AND DEVELOPMENT CONTRACTING
20. Section 235.071 is amended by revising paragraph (a) to read as
follows:
235.071 Additional contract clauses.
(a) Use the clause at 252.235-7002, Animal Welfare, or one
substantially the same, in solicitations and contracts awarded in the
United States or its outlying areas involving research on live
vertebrate animals.
* * * * *
PART 236--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
236.274 [Amended]
21. Section 236.274 is amended in paragraph (a) introductory text
by removing ``territories and possessions'' and adding in its place
``outlying areas''.
236.570 [Amended]
22. Section 236.570 is amended in paragraph (c)(1) by removing
``territory or possession'' and adding in its place ``outlying area''.
23. Section 236.602-1 is amended in paragraph (a)(i)(6)(A)(2) by
revising the first sentence to read as follows:
236.602-1 Selection criteria.
(a)(i) * * *
[[Page 65123]]
(6) * * *
(A) * * *
(2) Do not consider awards to overseas offices for projects outside
the United States and its outlying areas. * * *
* * * * *
PART 237--SERVICE CONTRACTING
24. Section 237.102-70 is amended by revising paragraph (a)(1) to
read as follows:
237.102-70 Prohibition on contracting for firefighting or security-
guard functions.
(a) * * *
(1) The contract is to be carried out at a location outside the
United States and its outlying areas at which members of the armed
forces would have to be used for the performance of firefighting or
security-guard functions at the expense of unit readiness;
* * * * *
25. Section 237.7301 is amended by revising paragraph (a)(1) to
read as follows:
237.7301 Definitions.
* * * * *
(a) * * *
(1) Is located in the United States or its outlying areas;
* * * * *
PART 242--CONTRACT ADMINISTRATION AND AUDIT SERVICES
26. Section 242.1402 is amended by revising the section heading to
read as follows:
242.1402 Volume movements within the contiguous United States.
* * * * *
PART 247--TRANSPORTATION
27. Section 247.571 is amended by revising paragraph (c)(1)
introductory text to read as follows:
247.571 Policy.
* * * * *
(c)(1) Any vessel used under a time charter contract for the
transportation of supplies under this section shall have any reflagging
or repair work, as defined in the clause at 252.247-7025, Reflagging or
Repair Work, performed in the United States or its outlying areas, if
the reflagging or repair work is performed--
* * * * *
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
28. Section 252.209-7002 is amended by revising the clause date and
paragraph (a)(3) to read as follows:
252.209-7002 Disclosure of ownership or control by a foreign
government.
* * * * *
DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT (XXX 2004)
(a) * * *
(3) Foreign government includes the state and the government of
any country (other than the United States and its outlying areas) as
well as any political subdivision, agency, or instrumentality
thereof.
* * * * *
29. Section 252.212-7000 is amended as follows:
a. By revising the clause date to read ``(XXX 2004)'';
b. By redesignating paragraph (a)(2) as paragraph (a)(3); and
c. By adding a new paragraph (a)(2) to read as follows:
252.212-7000 Offeror Representations and Certifications--Commercial
Items.
* * * * *
(a) * * *
(2) United States means the 50 States, the District of Columbia,
outlying areas, and the outer Continental Shelf as defined in 43
U.S.C. 1331.
* * * * *
30. Section 252.225-7000 is amended by revising the clause date and
paragraph (a) to read as follows:
252.225-7000 Buy American Act--Balance of Payments Program
Certificate.
* * * * *
BUY AMERICAN ACT--BALANCE OF PAYMENTS PROGRAM CERTIFICATE (XXX 2004)
(a) Definitions. Domestic end product, foreign end product,
qualifying country, qualifying country end product, and United
States have the meanings given in the Buy American Act and Balance
of Payments Program clause of this solicitation.
* * * * *
31. Section 252.225-7001 is amended by revising the clause date and
by adding paragraph (a)(8) to read as follows:
252.225-7001 Buy American Act and Balance of Payments Program.
* * * * *
BUY AMERICAN ACT AND BALANCE OF PAYMENTS PROGRAM (XXX 2004)
(a) * * *
(8) United States means the 50 States, the District of Columbia,
and outlying areas.
* * * * *
32. Section 252.225-7003 is amended as follows:
a. By revising the clause date to read ``(XXX 2004)'';
b. By redesignating paragraphs (a) through (d) as paragraphs (b)
through (e) respectively; and
c. By adding a new paragraph (a) to read as follows:
252.225-7003 Report of intended performance outside the United States.
* * * * *
(a) Definition. United States, as used in this provision, means
the 50 States, the District of Columbia, and outlying areas.
* * * * *
33. Section 252.225-7004 is amended as follows:
a. By revising the clause date to read ``(XXX 2004)'';
b. By redesignating paragraphs (a) through (d) as paragraphs (b)
through (e) respectively; and
c. By adding a new paragraph (a) to read as follows:
252.225-7004 Reporting of contract performance outside the United
States.
* * * * *
(a) Definition. United States, as used in this clause, means the
50 States, the District of Columbia, and outlying areas.
* * * * *
34. Section 252.225-7005 is amended as follows:
a. By revising the clause date to read ``(XXX 2004)'';
b. By redesignating paragraphs (a) through (c) as paragraphs (b)
through (d) respectively; and
c. By adding a new paragraph (a) to read as follows:
252.225-7005 Identification of expenditures in the United States.
* * * * *
(a) Definition. United States, as used in this clause, means the
50 States, the District of Columbia, and outlying areas.
* * * * *
35. Section 252.225-7011 is revised to read as follows:
252.225-7011 Restriction on Acquisition of Supercomputers.
As prescribed in 225.7012-3, use the following clause:
RESTRICTION ON ACQUISITION OF SUPERCOMPUTERS (XXX 2004)
Supercomputers delivered under this contract shall be
manufactured in the United States or its outlying areas.
(End of clause)
36. Section 252.225-7013 is amended by revising the clause date,
paragraph (a)(1), paragraph (b) introductory text, paragraph
(f)(1)(i)(A), and the first sentence of paragraph (h) introductory text
to read as follows:
[[Page 65124]]
252.225-7013 Duty-Free Entry.
* * * * *
DUTY-FREE ENTRY (XXX 2004)
(a) * * *
(1) Customs territory of the United States means the 50 States,
the District of Columbia, and Puerto Rico.
* * * * *
(b) Except as provided in paragraph (i) of this clause, or
unless supplies were imported into the customs territory of the
United States before the date of this contract or the applicable
subcontract, the price of this contract shall not include any amount
for duty on--
* * * * *
(f) * * *
(1)(i) * * *
(A) Prepare any customs forms required for the entry of foreign
supplies into the customs territory of the United States in
connection with this contract; and
* * * * *
(h) The Contractor shall notify the Administrative Contracting
Officer (ACO) in writing of any purchase of qualifying country
supplies to be accorded duty-free entry, that are to be imported
into the customs territory of the United States for delivery to the
Government or for incorporation in end items to be delivered to the
Government. * * *
* * * * *
37. Section 252.225-7014 is amended by revising the clause date and
paragraph (b) to read as follows:
252.225-7014 Preference for domestic specialty metals.
* * * * *
PREFERENCE FOR DOMESTIC SPECIALTY METALS (XXX 2004)
* * * * *
(b) Any specialty metals incorporated in articles delivered
under this contract shall be melted in the United States or its
outlying areas.
* * * * *
38. Section 252.225-7015 is revised to read as follows:
252.225-7015 Restriction on acquisition of hand or measuring tools.
As prescribed in 225.7002-3(c), use the following clause:
RESTRICTION ON ACQUISITION OF HAND OR MEASURING TOOLS (XXX 2004)
Hand or measuring tools delivered under this contract shall be
produced in the United States or its outlying areas.
(End of clause)
39. Section 252.225-7016 is amended by revising the clause date and
paragraph (b) to read as follows:
252.225-7016 Restriction on acquisition of ball and roller bearings.
* * * * *
RESTRICTION ON ACQUISITION OF BALL AND ROLLER BEARINGS (XXX 2004)
* * * * *
(b) Except as provided in paragraph (c) of this clause, all ball
and roller bearings and ball and roller bearing components
(including miniature and instrument ball bearings) delivered under
this contract, either as end items or components of end items, shall
be wholly manufactured in the United States, its outlying areas, or
Canada. Unless otherwise specified, raw materials, such as preformed
bar, tube, or rod stock and lubricants, need not be mined or
produced in the United States, its outlying areas, or Canada.
* * * * *
40. Section 252.225-7018 is amended by revising the clause date,
paragraph (b) in the second sentence, and paragraph (c)(1) to read as
follows:
252.225-7018 Notice of prohibition of certain contracts with foreign
entities for the conduct of ballistic missile defense research,
development, test, and evaluation.
* * * * *
NOTICE OF PROHIBITION OF CERTAIN CONTRACTS WITH FOREIGN ENTITIES FOR
THE CONDUCT OF BALLISTIC MISSILE DEFENSE RESEARCH, DEVELOPMENT, TEST,
AND EVALUATION (XXX 2004)
* * * * *
(b) * * * However, foreign governments and firms are encouraged
to submit offers, since this provision is not intended to restrict
access to unique foreign expertise if the contract will require a
level of competency unavailable in the United States or its outlying
areas.
(c) * * *
(1) The contract will be performed within the United States or
its outlying areas;
* * * * *
41. Section 252.225-7019 is amended by revising the clause date and
paragraph (a) to read as follows:
252.225-7019 Restriction on acquisition of anchor and mooring chain.
* * * * *
RESTRICTION ON ACQUISITION OF ANCHOR AND MOORING CHAIN (XXX 2004)
(a) Welded shipboard anchor and mooring chain, four inches or
less in diameter, delivered under this contract--
(1) Shall be manufactured in the United States or its outlying
areas, including cutting, heat treating, quality control, testing,
and welding (both forging and shot blasting process); and
(2) The cost of the components manufactured in the United States
or its outlying areas shall exceed 50 percent of the total cost of
components.
* * * * *
42. Section 252.225-7021 is amended by revising the clause date and
paragraph (a)(12) to read as follows:
252.225-7021 Trade agreements.
* * * * *
TRADE AGREEMENTS (XXX 2004)
(a) * * *
(12) United States means the 50 States, the District of
Columbia, and outlying areas.
* * * * *
43. Section 252.225-7022 is amended by revising the clause date and
paragraph (b) to read as follows:
252.225-7022 Restriction on acquisition of polyacrylonitrile (PAN)
carbon fiber.
* * * * *
RESTRICTION ON ACQUISITION OF POLYACRYLONITRILE (PAN) CARBON FIBER (XXX
2004)
* * * * *
(b) PAN carbon fibers contained in the end product shall be
manufactured in the United States, its outlying areas, or Canada
using PAN precursor produced in the United States, its outlying
areas, or Canada.
* * * * *
44. Section 252.225-7023 is amended by revising the clause date and
paragraph (a) to read as follows:
252.225-7023 Restriction on acquisition of vessel propellers.
* * * * *
RESTRICTION ON ACQUISITION OF VESSEL PROPELLERS (XXX 2004)
(a) Except as provided in paragraph (b) of this clause, the
Contractor shall deliver under this contract, whether as end items
or components of end items, vessel propellers--
(1) Manufactured in the United States, its outlying areas, or
Canada; and
(2) For which all component castings were poured and finished in
the United States, its outlying areas, or Canada.
* * * * *
45. Section 252.225-7025 is amended by revising the clause date and
paragraph (a)(1) introductory text to read as follows:
252.225-7025 Restriction on acquisition of forgings.
* * * * *
RESTRICTION ON ACQUISITION OF FORGINGS (XXX 2004)
(a) * * *
(1) ``Domestic manufacture'' means manufactured in the United
States, its outlying areas, or Canada if the Canadian firm--
* * * * *
46. Section 252.225-7031 is amended as follows:
a. By revising the clause date to read ``(XXX 2004)'';
[[Page 65125]]
b. By redesignating paragraph (a)(2) as paragraph (a)(3); and
c. By adding a new paragraph (a)(2) to read as follows:
252.225-7031 Secondary Arab boycott of Israel.
* * * * *
SECONDARY ARAB BOYCOTT OF ISRAEL (XXX 2004)
(a) * * *
(2) United States means the 50 States, the District of Columbia,
outlying areas, and the outer Continental Shelf as defined in 43
U.S.C. 1331.
* * * * *
47. Section 252.225-7036 is amended by revising the clause date and
paragraph (a)(10) to read as follows:
252.225-7036 Buy American Act--Free Trade Agreements--Balance of
Payments Program.
* * * * *
BUY AMERICAN ACT--FREE TRADE AGREEMENTS--BALANCE OF PAYMENTS PROGRAM
(XXX 2004)
(a) * * *
(10) United States means the 50 States, the District of
Columbia, and outlying areas.
* * * * *
48. Section 252.225-7037 is revised to read as follows:
252.225-7037 Evaluation of offers for air circuit breakers.
As prescribed in 225.7006-4(a), use the following provision:
EVALUATION OF OFFERS FOR AIR CIRCUIT BREAKERS (XXX 2004)
(a) The offeror shall specify, in its offer, any intent to
furnish air circuit breakers that are not manufactured in the United
States or its outlying areas, Canada, or the United Kingdom.
(b) The Contracting Officer will evaluate offers by adding a
factor of 50 percent to the offered price of air circuit breakers
that are not manufactured in the United States or its outlying
areas, Canada, or the United Kingdom.
(End of provision)
49. Section 252.225-7038 is revised to read as follows:
252.225-7038 Restriction on acquisition of air circuit breakers.
As prescribed in 225.7006-4(b), use the following clause:
RESTRICTION ON ACQUISITION OF AIR CIRCUIT BREAKERS (XXX 2004)
Unless otherwise specified in its offer, the Contractor shall
deliver under this contract air circuit breakers manufactured in the
United States or its outlying areas, Canada, or the United Kingdom.
(End of clause)
50. Section 252.225-7039 is revised to read as follows:
252.225-7039 Restriction on acquisition of totally enclosed lifeboat
survival systems.
As prescribed in 225.7008-4, use the following clause:
RESTRICTION ON ACQUISITION OF TOTALLY ENCLOSED LIFEBOAT SURVIVAL
SYSTEMS (XXX 2004)
The Contractor shall deliver under this contract totally
enclosed lifeboat survival systems (consisting of the lifeboat and
associated davits and winches), for which--
(a) 50 percent or more of the components have been manufactured
in the United States or its outlying areas; and
(b) 50 percent or more of the labor in the manufacture and
assembly of the entire system has been performed in the United
States or its outlying areas.
(End of clause)
51. Section 252.225-7043 is amended as follows:
a. By revising the clause date to read ``(XXX 2004)'';
b. By redesignating paragraphs (a) through (c) as paragraphs (b)
through (d) respectively; and
c. By adding a new paragraph (a) to read as follows:
252.225-7043 Antiterrorism/force protection policy for defense
contractors outside the United States.
* * * * *
(a) Definition. United States, as used in this clause, means,
the 50 States, the District of Columbia, and outlying areas.
* * * * *
52. Section 252.225-7044 is amended as follows:
a. By revising the clause date to read ``(XXX 2004)''; and
b. In paragraph (a) by revising the definition of ``United States''
to read as follows:
252.225-7044 Balance of Payments Program--Construction Material.
* * * * *
(a) * * *
``United States'' means the 50 States, the District of Columbia,
and outlying areas.
* * * * *
53. Section 252.225-7045 is amended as follows:
a. By revising the clause date to read ``(XXX 2004)''; and
b. In paragraph (a) by revising the definition of ``United States''
to read as follows:
252.225-7045 Balance of Payments Program--Construction Material Under
Trade Agreements.
* * * * *
(a) * * *
``United States'' means the 50 States, the District of Columbia,
and outlying areas.
* * * * *
54. Section 252.247-7025 is amended by revising the clause date and
paragraph (b) introductory text to read as follows:
252.247-7025 Reflagging or repair work.
REFLAGGING OR REPAIR WORK (XXX 2004)
* * * * *
(b) Requirement. Unless the Secretary of Defense waives this
requirement, reflagging or repair work shall be performed in the
United States or its outlying areas, if the reflagging or repair
work is performed--
* * * * *
PART 253--FORMS
55. Section 253.204-70 is amended by revising paragraphs
(b)(6)(iv)(A)(1) and (c)(4)(xiii) to read as follows;
253.204-70 DD Form 350, Individual Contracting Action Report.
* * * * *
(b) * * *
(6) * * *
(iv) * * *
(A) * * *
(1) For places in the United States and outlying areas, enter the
numeric place code from FIPS PUB 55, Guideline: Codes for Named
Populated Places, Primary County Divisions, and Other Locational
Entities of the United States, Puerto Rico, and the Outlying Areas.
Leave Line B6A blank for places outside the United States and outlying
areas.
* * * * *
(c) * * *
(4) * * *
(xiii) LINE C13, FOREIGN TRADE DATA.
(A) LINE C13A, PLACE OF MANUFACTURE. Complete Line C13A only if the
action is for a foreign end product or a service provided by a foreign
concern under a DoD contract or a Federal schedule. Otherwise, leave
Line C13A blank.
(1) Code A--U.S. Enter code A if the action is for--
(i) A foreign end product that is manufactured in the United States
or its outlying areas but is still determined to be foreign because 50
percent or more of the cost of its components is not mined, produced,
or manufactured inside the United States or its outlying areas or
inside qualifying countries; or
(ii) Services performed in the United States or its outlying areas
by a foreign concern.
(2) Code B--Foreign. Enter code B if the action is for--
(i) Any other foreign end product; or
(ii) Services performed outside the United States or its outlying
areas by a foreign concern.
[[Page 65126]]
(B) LINE C13B, COUNTRY OF ORIGIN CODE.
(1) Complete Line C13B only if Line C13A is coded A or B.
Otherwise, leave Line C13B blank.
(2) Enter the code from FIPS PUB 10, Countries, Dependencies, Areas
of Special Sovereignty, and Their Principal Administrative Divisions,
that identifies the country where the foreign product is coming from or
where the foreign company providing the services is located. If more
than one foreign country is involved, enter the code of the foreign
country with the largest dollar value of work under the contract.
* * * * *
56. Section 253.213-70 is amended by revising paragraph (a)(2) to
read as follows:
253.213-70 Instructions for completion of DD Form 1155.
(a) * * *
(2) The contractor is located in the contiguous United States or
Canada.
* * * * *
Appendix F to Chapter 2--Material Inspection and Receiving Report F-104
[Amended]
57. Appendix F to Chapter 2 is amended in Part 1, Section F-104, as
follows:
a. In paragraph (a)(5)(i) introductory text by removing
``Continental United States'' and adding in its place ``Contiguous
United States''; and
b. In paragraph (a)(5)(ii), in the first sentence, by removing
``continental U.S.'' and adding in its place ``contiguous United
States''.
[FR Doc. 04-24861 Filed 11-9-04; 8:45 am]
BILLING CODE 5001-08-P