FR 2021-02689

The document is a notice issued by the Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). This notice requests public input on an information collection related to the Buy American statute, trade agreements, and duty-free entry. The request for comments is part of a submission to the Office of Management and Budget (OMB) to review and renew a previously approved data collection under the Paperwork Reduction Act.

General Summary

This notice serves to inform the public of a submission to the OMB seeking to renew an information collection requirement on the Buy American statute, trade agreements, and duty-free entry. The document outlines that public comments are desired by March 12, 2021, and provides detailed instructions on how and where to submit these comments. It references specific sections of the Federal Acquisition Regulation (FAR) that relate to how contractors should declare their use of foreign versus domestic products in fulfilling government contracts.

Significant Issues or Concerns

Complex Language: The document employs technical jargon and references specific legal clauses without offering thorough explanations. For example, it refers to provisions like "52.225-2, Buy American Certificate," which might not be easily understood by individuals who are not familiar with government procurement policies.

Comment Submission Procedures: The instructions for submitting comments could potentially confuse the audience since they need to engage with two different websites, www.reginfo.gov and www.regulations.gov, which may not be straightforward for the inexperienced.

Lack of Data Use Transparency: The document does not provide clarity on how the collected information will be utilized. This omission might lead to uncertainty about the purpose and scope of the data collection, potentially raising concerns among those required to submit information.

Omission of Contextual Background: The reference to a previous 60-day notice published in the Federal Register lacks adequate detail about its contents, which could be important for stakeholders wanting more context about the changes or continuations being proposed.

Impact on the Public Broadly

For the general public, the notice highlights the government's ongoing effort to oversee and regulate how the Buy American statute and related trade agreements are applied in procurement processes. The mention of duty-free entry provisions signifies potential implications for the trade negotiations and utilization of foreign products within the U.S. market.

Impact on Specific Stakeholders

• Government Contractors: Those involved directly with government contracts might be the most affected by this notice, both in how they prepare their bids and how they manage compliance with trade-related requirements. Understanding these requirements is crucial to avoid potential penalties or disqualification from bidding processes.

• Trade and Manufacturing Sectors: Entities in these sectors could be affected by changes in the interpretation or application of the Buy American and trade agreement policies. This might influence the degree to which they explore international supply chains or focus on domestic sourcing.

• Policy Commentators and Legal Experts: Individuals or groups who offer feedback during policy formulation processes will find this notice significant, as it opens a channel for input into federal procurement regulations.

Overall, while the notice primarily serves as a procedural call for comments, its implications could stretch far, influencing procurement practices and regulatory compliance for various stakeholders. Clearer communication about the practical outcomes of this information collection could enhance public understanding and participation.