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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: November 1, 2004

SUBJECT: Defense Federal Acquisition Regulation Supplement (DFARS); Laws Inapplicable to Commercial Subcontracts

SOURCE: Federal Register, November 1, 2004, Vol. 69, No. 210, page 63330

AGENCIES: Department of Defense (DOD)

ACTION: Final Rule

SYNOPSIS: DOD is amending DFARS 212.504, Applicability of Certain Laws to Subcontracts for the Acquisition of Commercial Items, to remove the Trade Agreements Act and the Buy American Act from the list of laws inapplicable to subcontracts for commercial items.

EDITOR'S NOTE: For more on the proposed rule that is being finalized, see the February 23, 2004, FEDERAL CONTRACTS DISPATCH "Defense Federal Acquisition Regulation Supplement (DFARS); Laws Inapplicable to Commercial Subcontracts."

EFFECTIVE DATE: November 1, 2004.

FOR FURTHER INFORMATION CONTACT: Amy Williams, Defense Acquisition Regulations Council, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062; 703-602-0328; fax: 703-602-0350.

SUPPLEMENTAL INFORMATION: On February 23, 2004, DOD published a proposed rule to amend DFARS 212.504, Applicability of Certain Laws to Subcontracts for the Acquisition of Commercial Items, to remove the Trade Agreements Act (paragraph (a)(xxiii)) and the Buy American Act (paragraph (a)(xxiv)) from the list of laws that "are not applicable to subcontracts at any tier for the acquisition of commercial items or commercial components." DOD said that "inclusion of these laws on the list is unnecessary, because the government does not apply the restrictions of the Buy American Act or the Trade Agreements Act at the subcontract level."

One comment was received on the proposed rule, and it supported the proposed change, so the proposed rule is adopted as final without change except for a minor editorial correction.

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2004 by Panoptic Enterprises. All Rights Reserved.

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