B-243788, B-243789, Jun 17, 1991, 91-1 CPD ***

B-243788,B-243789: Jun 17, 1991

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This item is FAR case No. 90-66. This item is FAR case No. 91-7. These are. Item I of FAC 90-4 is an interim rule revising FAR sections 25.701 through 25.704 and the clause at FAR section 52.225-11 to implement the restrictions on South African trade imposed by the Comprehensive Anti Apartheid Act of 1986. The revised FAR sections and clause will reflect the policy and procedures applicable to acquisitions from all foreign countries whose supplies or services may not be lawfully imported into the United States or acquired by U.S. entities. Revised FAR section 25.703 states that the approval level for any exception to a prohibition on the unlawful importation of certain foreign supplies or services into the United States "is not the contracting officer for small purchases.

B-243788, B-243789, Jun 17, 1991, 91-1 CPD ***

PROCUREMENT - Special Procurement - Methods/Categories - Federal procurement regulations/laws - Trade restrictions - Clarification DIGEST: 1. GAO suggests minor clarification of an item contained in Federal Acquisition Circular (FAC) 90-4, but otherwise has no objection to Federal Acquisition Regulation (FAR) case No. 90-66, an interim rule intended to implement restrictions on South African trade imposed by the Anti- Apartheid Act of 1986 (Pub.L. 99-440). This item is FAR case No. 90-66. PROCUREMENT - Special Procurement Methods/Categories - Federal procurement regulations/laws - Foreign products - Prohibition - Revision 2. GAO has on objection to an interim rule contained in Federal Acquisition Circular (FAC) 90-4 revising the Federal Acquisition Regulation (FAR) to implement prohibitions on U.S. acquisitions of Iraqi supplies or services consistent with Executive Orders 12722 and 12724A. This item is FAR case No. 91-7.

Ms. Beverly Fayson

FAR Secretariat

General Services Administration:

This responds to your letter of April 17, 1991, requesting our comments on two items contained in Federal Acquisition Circular (FAC) 90-4, concerning South African trade and prohibitions on U.S. acquisitions of Iraqi supplies or services. These are, respectively, Federal Acquisition Regulation (FAR) case Nos. 90-66 and 91-7.

Item I of FAC 90-4 is an interim rule revising FAR sections 25.701 through 25.704 and the clause at FAR section 52.225-11 to implement the restrictions on South African trade imposed by the Comprehensive Anti Apartheid Act of 1986. The revised FAR sections and clause will reflect the policy and procedures applicable to acquisitions from all foreign countries whose supplies or services may not be lawfully imported into the United States or acquired by U.S. entities.

Revised FAR section 25.703 states that the approval level for any exception to a prohibition on the unlawful importation of certain foreign supplies or services into the United States "is not the contracting officer for small purchases, unless otherwise provided by the agency in the case, or the agency head for other than small purchases." We assume that the provision is intended to read: "The approval level for this exception is the contracting officer in the case of small purchases, unless otherwise provided by the agency, or the agency head for other than small purchases." We have no other comment on this interim rule.

Item II of FAC 90-4 revises FAR subpart 25.7 and the clause at section 52.225-11 to implement the restrictions imposed by Executive Order Nos. 12722 and 12724, which prohibit Iraqi imports into the United States or purchases of Iraqi goods or services by any U.S. person. We have no objection to this interim rule.