[Federal Register: October 29, 2010 (Volume 75, Number 209)]
[Rules and Regulations]               
[Page 66686]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29oc10-16]                         

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 252

RIN 0750-AG60

 
Defense Federal Acquisition Regulation Supplement; Balance of 
Payments Program Exemption for Commercial Information Technology--
Construction Material (DFARS Case 2009-D041)

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

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to implement the exemption 
from the Balance of Payments Program for construction material that is 
commercial information technology.

DATES: Effective Date: October 29, 2010.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, 703-602-0328.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD is amending the DFARS to implement in the clauses at 252.225-
7044, Balance of Payments Program--Construction Material, and 252.225-
7045, Balance of Payments Program--Construction Material under Trade 
Agreements, the exemption from the Balance of Payments Program for 
construction material that is commercial information technology.
    DoD published a proposed rule in the Federal Register (75 FR 32636) 
on June 8, 2010. DoD received no comments on the proposed rule. 
Therefore, DoD is adopting the proposed rule as a final rule without 
change.

II. Executive Order 12866

    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993. This rule is not 
a major rule under 5 U.S.C. 804.

III. Regulatory Flexibility Act

    DoD certifies that this final rule will not 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 this rule does not impose economic burdens on contractors. The 
purpose and effect of this rule is to provide an exception to the 
Balance of Payments Program for commercial information technology to be 
used in overseas construction projects.

IV. Paperwork Reduction Act

    The Paperwork Reduction Act (Pub. L. 104-13) does not apply because 
the proposed rule contains no information collection requirements.

List of Subjects in 48 CFR Part 252

    Government procurement.

Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.

0
Therefore, 48 CFR part 252 is amended as follows:

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
1. The authority citation for 48 CFR part 252 continues to read as 
follows:


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

0
2. Section 252.225-7044 is amended by revising the clause date, 
revising paragraph (b)(1), redesignating paragraph (b)(2) as paragraph 
(b)(3), and adding new paragraph (b)(2) to read as follows:


252.225-7044  Balance of Payments Program--Construction Material.

* * * * *

BALANCE OF PAYMENTS PROGRAM--CONSTRUCTION MATERIAL (OCT 2010)

* * * * *
    (b) * * *
    (1) Construction material valued at or below the simplified 
acquisition threshold in part 2 of the Federal Acquisition 
Regulation;
    (2) Information technology that is a commercial item; or
* * * * *

0
3. Section 252.225-7045 is amended by:
0
a. Revising the clause date, revising paragraph (c)(1), redesignating 
paragraph (c)(2) as paragraph (c)(3), and adding new paragraph (c)(2); 
and
0
b. In Alternate I, by revising the clause date, revising paragraph 
(c)(1), redesignating paragraph (c)(2) as paragraph (c)(3), and adding 
new paragraph (c)(2).
    The revisions and additions read as follows:


252.225-7045  Balance of Payments Program--Construction Material Under 
Trade Agreements.

* * * * *

BALANCE OF PAYMENTS PROGRAM--CONSTRUCTION MATERIAL UNDER TRADE 
AGREEMENTS (OCT 2010)

* * * * *
    (c) * * *
    (1) Construction material valued at or below the simplified 
acquisition threshold in part 2 of the Federal Acquisition 
Regulation;
    (2) Information technology that is a commercial item; or
* * * * *

ALTERNATE I (OCT 2010)

* * * * *
    (c) * * *
    (1) Construction material valued at or below the simplified 
acquisition threshold in part 2 of the Federal Acquisition 
Regulation;
    (2) Information technology that is a commercial item; or
* * * * *

[FR Doc. 2010-27304 Filed 10-28-10; 8:45 am]
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