[Federal Register: July 11, 2006 (Volume 71, Number 132)]
[Rules and Regulations]               
[Page 39005-39006]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jy06-13]                         

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 212, 225, and 252

[DFARS Case 2006-D003]

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

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

ACTION: Final rule.

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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.

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.

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

[[Page 39006]]

contractors 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.

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

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

0
Therefore, 48 CFR parts 212, 225, and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 212, 225, and 252 continues 
to read as follows:

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

PART 212--ACQUISITION OF COMMERCIAL ITEMS


212.301  [Amended]

0
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)''.

PART 225--FOREIGN ACQUISITION

Subpart 225.6--[Removed]

0
3. Subpart 225.6 is removed.


225.1103  [Amended]

0
4. Section 225.1103 is amended as follows:
0
a. By removing paragraph (2); and
0
b. By redesignating paragraphs (3) and (4) as paragraphs (2) and (3) 
respectively.

0
5. Subpart 225.76 is added to read as follows:
Subpart 225.76--Secondary Arab Boycott of Israel
Sec.
225.7601 Restriction.
225.7602 Procedures.
225.7603 Exceptions.
225.7604 Waivers.
225.7605 Solicitation provision.

Subpart 225.76--Secondary Arab Boycott of Israel


225.7601  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.


225.7602  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).


225.7603  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.


225.7604  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 and Acquisition Policy, ATTN: OUSD(AT&L)DPAP(PAIC), 
3060 Defense Pentagon, Washington, DC 20301-3060.


225.7605  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.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.225-7031  [Amended]

0
6. Section 252.225-7031 is amended in the introductory text by removing 
``225.1103(2)'' and adding in its place ``225.7605''.


252.225-7041  [Amended]

0
7. Section 252.225-7041 is amended in the introductory text by removing 
``225.1103(3)'' and adding in its place ``225.1103(2)''.


252.225-7042  [Amended]

0
8. Section 252.225-7042 is amended in the introductory text by removing 
``225.1103(4)'' and adding in its place ``225.1103(3)''.

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

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