DATE: November 10, 2004

SUBJECT: Defense Federal Acquisition Regulation Supplement (DFARS); Geographic Use of the Term "United States"

SOURCE: Federal Register, November 10, 2004, Vol. 69, No. 217, page 65121

AGENCIES: Department of Defense (DOD)

ACTION: Proposed Rule

SYNOPSIS: DOD is proposing to amend the DFARS to standardize the use of the term "United States" and associated geographic terms, in accordance with definitions found in the Federal Acquisition Regulation (FAR).

EDITOR'S NOTE: For more on Federal Acquisition Circular (FAC) 2001-14, which amended the FAR to standardize the use of the term "United States," see the May 22, 2003, FEDERAL CONTRACTS DISPATCH "Federal Acquisition Circular (FAC) 2001-14, Miscellaneous Amendments," Item (1).

DATES: Comments on the proposed rule must be submitted on or before January 10, 2005.

ADDRESSES: Respondents may submit comments directly on the Federal eRulemaking Portal at http://www.regulations.gov; on the web site at http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm; by e-mail to: dfars@acq.osd.mil; by fax to 703-602-0350; by mail to Defense Acquisition Regulations Council, Attn: Amy Williams, OUSD(AT&L)DP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062; or by courier/hand to Defense Acquisition Regulations Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202-3402. Cite "DFARS Case 2001-D003" when making comments on this proposed rule.

FOR FURTHER INFORMATION CONTACT: Amy Williams, 703-602-0328.

SUPPLEMENTAL INFORMATION: On May 22, 2003, FAC 2001-14 was published. It included Item (1), which amended the FAR to clarify the use of the term "United States" when used in a geographic sense. Definitions of "contiguous United States (CONUS)," "customs territory of the United States," and "outlying areas" were added to FAR 2.101, Definitions, and all other definitions of "United States" in the FAR were revised to conform to the FAR 2.101 definitions. (EDITOR'S NOTE: Where statutes specifically defined "United States," FAR 2.101 cites them as exceptions. The statutory exceptions are in FAR Subpart 22.8, Equal Employment Opportunity; FAR Subpart 22.10, Service Contract Act of 1965; FAR Part 25, Foreign Acquisition; and FAR Subpart 47.4, Air Transportation by U.S.-Flag Carriers.)

This proposed rule would amend the DFARS to standardize the use of geographic terms for consistency with the definitions of "United States," "contiguous United States," "customs territory of the United States," and "outlying areas" in FAR 2.101.

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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