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DOD/DARC RIN: 0750-AJ22 Publication ID: Spring 2018 
Title: Restrictions on Acquisitions From Foreign Sources (DFARS Case 2017-D011) 
Abstract:

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement to implement sections 817, 881(b), and 1296 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017.  These sections of the NDAA for FY 2017 accomplish the following:

  • Section 817 amends 37 U.S.C. 418, adding new paragraph (d), which extends domestic source requirements to acquisitions at or below the simplified acquisition threshold when acquiring athletic footwear to be furnished to enlisted members of the Armed Forces upon their initial entry into the Armed Forces.
  • Section 881(b) amends 10 U.S.C. 2500(1) by adding Australia and the United Kingdom to the definition of "National Technology and Industrial Base." 10 U.S.C. 2534 restricts acquisition of certain items to items from manufacturers that are part of the national technology and industrial base.
  • Section 1296 amends section 1211 of the NDAA for FY 2006 (Pub. L. 109-163), which was also amended by the NDAA for FY 2012 (Pub. L. 112-81). It prohibits purchase of items from a Communist Chinese military company that meet the definition of goods and services controlled as munitions items when moved to the 600 series of the Commerce Control List of the Export Administration Regulations of the Department of Commerce. 

This rule is not expected to significantly increase costs for contractors or offerors; however, this rule will benefit the manufacturers of domestic footwear and improve integration of the national technology and industrial base.

 
Agency: Department of Defense(DOD)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 48 CFR 225    48 CFR 252   
Legal Authority: 41 U.S.C. 1303    Pub. L. 114-328, sec. 817    37 U.S.C. 418    Pub. L. 114-328, sec. 881(b)    10 U.S.C. 2500(1)    Pub. L. 114-328, sec. 1296    10 U.S.C. 2302 note    Pub. L. 109-163, sec. 1211   
Legal Deadline:
Action Source Description Date
Final  Statutory  Effective upon enactment  12/23/2016 
Timetable:
Action Date FR Cite
NPRM  05/00/2018 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Federalism: No 
Included in the Regulatory Plan: No 
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 Hawes
Defense Acquisition Regulations System
Department of Defense
3060 Defense Pentagon, Room 3B941,
Washington, DC 20301-3060
Phone:571 372-6115
Email: jennifer.l.hawes2.civ@mail.mil