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DOD/DARC | RIN: 0750-AL60 | Publication ID: Spring 2023 |
Title: Restriction on Acquisition of Personal Protective Equipment and Certain Items From Non-Allied Foreign Nations (DFARS Case 2022-D009) | |
Abstract:
DoD is finalizing an interim rule that amended the Defense Federal Acquisition Regulation Supplement to implement section 802 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2022 and section 881 of the NDAA for FY 2023. Section 802 adds 10 U.S.C. 2533e, redesignated as 10 U.S.C. 4875, which prohibits the acquisition of personal protective equipment and certain other items from non-allied foreign nations. An exception applies if: (1) the Secretary of Defense determines that a covered item of satisfactory quality and quantity, in the required form, cannot be procured as and when needed from nations other than a covered country to meet requirements at a reasonable price; (2) a covered item is for use outside of the United States; or (3) if the procurement for a covered material is at or below $150,000. A limitation provides that a proposed procurement in an amount greater than $150,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for an exception. Section 881 of the NDAA for 2023 authorized the transfer of 10 U.S.C. 2533e to 10 U.S.C. 4875. |
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Agency: Department of Defense(DOD) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 48 CFR 225 48 CFR 252 | |
Legal Authority: 41 U.S.C. 1303 Pub. L. 117-81 sec. 802 10 U.S.C. 4875 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal |
Federalism: No | |
Included in the Regulatory Plan: Yes | |
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. | |
RIN Data Printed in the FR: No | |
Agency Contact: Jennifer Johnson Defense Acquisition Regulations System Department of Defense Defense Acquisition Regulations Council 3060 Defense Pentagon, Room 3B941, Washington, DC 20301-3060 Phone:571 372-6100 Email: jennifer.d.johnson1.civ@mail.mil |