[Federal Register: July 7, 2004 (Volume 69, Number 129)]
[Notices]
[Page 40878-40879]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jy04-56]
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DEPARTMENT OF DEFENSE
[OMB Control Number 0704-0245]
Information Collection Requirements; Defense Federal Acquisition
Regulation Supplement; Transportation
AGENCY: Department of Defense (DoD).
ACTION: Notice and request for comments regarding a proposed extension
of an approved information collection requirement.
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SUMMARY: In compliance with Section 3506(c)(2)(A) of the Paperwork
Reduction Act of 1995 (44 U.S.C. Chapter 35), DoD announces the
proposed extension of a public information collection requirement and
seeks public comment on the provisions thereof. DoD invites comments
on: (a) Whether the proposed collection of information is necessary for
the proper performance of the functions of DoD, including whether the
information will have practical utility; (b) the accuracy of the
estimate of the burden of the proposed information collection; (c) ways
to enhance the quality, utility, and clarity of the information to be
collected; and (d) ways to minimize the burden of the information
collection on respondents, including the use of automated collection
techniques or other forms of information technology. The Office of
Management and Budget (OMB) has approved this information collection
requirement for use through July 31, 2004. DoD proposes that OMB extend
its approval for use through July 31, 2007.
DATES: DoD will consider all comments received by September 7, 2004.
ADDRESSES: You may submit comments, identified by OMB Control Number
0704-0245, using any of the following methods:
Defense Acquisition Regulations Web Site: http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm.
Follow the instructions for
submitting comments.
E-mail: dfars@osd.mil. Include OMB Control Number 0704-
0245 in the subject line of the message.
Fax: (703) 602-0350.
Mail: Defense Acquisition Regulations Council, Attn: Mr.
Steven Cohen, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense Pentagon,
Washington, DC 20301-3062.
Hand Delivery/Courier: Defense Acquisition Regulations
Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA
22202-3402.
All comments received will be posted to http:// emissary. acq. osd.
mil/ dar/ dfars. nsf.
FOR FURTHER INFORMATION CONTACT: Mr. Steven Cohen, (703) 602-0293. The
information collection requirements addressed in this notice are
available electronically via the Internet at: http://www. acq. osd.
mil/ dpap/ dfars/ index. htm. Paper copies are available from Mr.
Steven Cohen, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon,
Washington, DC 20301-3062.[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][NOTICES][NOTICE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/SUBJECT]
SUPPLEMENTARY INFORMATION:
Title and OMB Number: Defense Federal Acquisition Regulation
Supplement (DFARS) Part 247, Transportation, and related clauses in
DFARS 252.247; OMB Control Number 0704-0245.
Needs and Uses: DoD contracting officers use this information to
verify that prospective contractors have adequate insurance prior to
award of stevedoring contracts; to provide appropriate price
adjustments to stevedoring contracts; and to assist the Maritime
Administration in monitoring compliance with requirements for use of
U.S.-flag vessels in accordance with the Cargo Preference Act of 1904
(10 U.S.C. 2631).
Affected Public: Businesses or other for-profit and not-for-profit
institutions.
Annual Burden Hours: 150,114.
Number of Respondents: 60,400.
Responses Per Respondent: Approximately 8.
Annual Responses: 465,842.
Average Burden Per Response: .32 hours.
Frequency: On occasion.
Summary of Information Collection
The clause at DFARS 252.247-7000, Hardship Conditions, is
prescribed at DFARS 247.270-6(a) for use in all solicitations and
contracts for acquisition of stevedoring services. Paragraph (a) of the
clause requires the contractor to notify the contracting officer of
unusual conditions associated with loading or unloading a particular
cargo, for potential adjustment of contract labor rates; and to submit
any associated request for price adjustment to the contracting officer
within 10 working days of the vessel sailing time.
The clause at DFARS 252.247-7001, Price Adjustment, is prescribed
at DFARS 247.270-6(b) for use in solicitations and contracts when using
sealed bidding to acquire stevedoring services. Paragraphs (b) and (c)
of the clause require the contractor to notify the contracting officer
of certain changes in the wage rates or benefits that apply to its
direct labor employees. Paragraph (g) of the clause requires the
contractor to include with its final invoice a statement that the
contractor has experienced no decreases in rates of pay for labor or
has notified the contracting officer of all such decreases.
The clause at DFARS 252.247-7002, Revision of Prices, is prescribed
at DFARS 247.270-6(c) for use in solicitations and contracts when using
negotiation to acquire stevedoring services. Paragraph (c) of the
clause provides that, at any time, either the contracting officer or
the contractor may deliver to the other a written demand that the
parties negotiate to revise the prices under the contract. Paragraph
(d) of the clause requires that, if either party makes such a demand,
the contractor must submit relevant data upon which to base
negotiations.
The clause at DFARS 252.247-7007, Liability and Insurance, is
prescribed at DFARS 247.270-6(g) for use in all solicitations and
contracts for acquisition of stevedoring services. Paragraph (f) of the
clause requires the contractor to furnish the contracting officer with
satisfactory evidence of insurance.
The provision at DFARS 252.247-7022, Representation of Extent of
Transportation by Sea, is prescribed at DFARS 247.573(a) for use in all
solicitations except those for direct purchase of ocean transportation
services or those with an anticipated value at or below the simplified
acquisition threshold. Paragraph (b) of the provision requires the
offeror to represent whether or not it anticipates that supplies will
be transported by sea in the performance of any contract or subcontract
resulting from the solicitation.
The clause at DFARS 252.247-7023, Transportation of Supplies by
Sea, is prescribed at DFARS 247.573(b) for use in all solicitations and
contracts except those for direct purchase of ocean transportation
services. The clause is used with its Alternate III in solicitations
and contracts with an anticipated value at or below the simplified
acquisition threshold. Paragraph (d) of the clause requires the
contractor to submit any requests for use of other than U.S.-flag
vessels in writing to the contracting officer. Paragraph (e) of the
clause requires the contractor to submit one copy of the rated on board
vessel operating carrier's ocean bill of
[[Page 40879]]
lading. Paragraph (f) of the clause requires the contractor to
represent, with its final invoice, that: (1) No ocean transportation
was used in the performance of the contract; (2) only U.S.-flag vessels
were used for all ocean shipments under the contract; (3) the
contractor had the written consent of the contracting officer for all
non-U.S.-flag ocean transportation; or (4) shipments were made on non-
U.S.-flag vessels without the written consent of the contracting
officer. Contractors must flow down these requirements to noncommercial
subcontracts and certain types of commercial subcontracts. Subcontracts
at or below the simplified acquisition threshold are excluded from the
requirements of paragraph (f) stated above.
The clause at DFARS 252.247-7024, Notification of Transportation of
Supplies by Sea, is prescribed for use at DFARS 247.573(c) in all
contracts for which the offeror represented, by completion of the
provision at DFARS 252.247-7022, that it did not anticipate
transporting any supplies by sea in performance of the contract.
Paragraph (a) of the clause requires the contractor to notify the
contracting officer if the contractor learns after award of the
contract that supplies will be transported by sea.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
[FR Doc. 04-15356 Filed 7-6-04; 8:45 am]
BILLING CODE 5001-08-P