[Federal Register: April 30, 2002 (Volume 67, Number 83)]
[Rules and Regulations]               
[Page 21538]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ap02-15]                         


[[Page 21538]]

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 25

[FAC 2001-07; FAR Case 2001-002; Item III]
RIN 9000-AJ37

 
Federal Acquisition Regulation; European Union Trade Sanctions

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) have agreed on a final rule 
amending the Federal Acquisition Regulation (FAR) to correct the clause 
prescription for the clauses that implement European Union trade 
sanctions by specifically exempting solicitations issued and contracts 
awarded by the Department of Defense.

DATES: Effective Date: May 15, 2002.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS 
Building, Washington, DC, 20405, (202) 501-4755, for information 
pertaining to status or publication schedules. For clarification of 
content, contact Ms. Cecelia L. Davis, Procurement Analyst, at (202) 
219-0202. Please cite FAC 2001-07, FAR case 2001-002.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule revises FAR 25.1103(c)(2)(i) to specifically 
exclude solicitations issued and contracts awarded by DoD from the 
clause prescription for the use of FAR clauses 52.225-15, Sanctioned 
European Union Country End Products, and 52.225-16, Sanctioned European 
Union Country Services. FAR 25.600 clearly states that European Union 
trade sanctions do not apply to the Department of Defense.
    This is not a significant regulatory action, and therefore, was not 
subject to review under section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The final rule does not constitute a significant FAR revision 
within the meaning of FAR 1.501 and Public Law 98-577, and publication 
for public comments is not required. However, the Councils will 
consider comments from small entities concerning the affected FAR part 
25 in accordance with 5 U.S.C. 610. Interested parties must submit such 
comments separately and should cite 5 U.S.C. 601, et seq. (FAC 2001-07, 
FAR case 2001-002), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose 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 Part 25

    Government procurement.

    Dated: April 23, 2002.
Al Matera,
Director, Acquisition Policy Division.

    Therefore, DoD, GSA, and NASA amend 48 CFR part 25 as set forth 
below:

PART 25--FOREIGN ACQUISITION

    1. The authority citation for 48 CFR part 25 continues to read as 
follows:

    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

    2. Amend section 25.1103 by revising paragraph (c)(2)(i) to read as 
follows:


25.1103  Other provisions and clauses.

* * * * *
    (c) * * *
    (2) * * *
    (i) Solicitations issued and contracts awarded by--
    (A) A contracting activity located outside of the United States, 
provided the supplies will be used or the services will be performed 
outside of the United States; or
    (B) The Department of Defense;
* * * * *
[FR Doc. 02-10371 Filed 4-29-02; 8:45 am]
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