[Federal Register Volume 71, Number 92 (Friday, May 12, 2006)]
[Rules and Regulations]
[Pages 27646-27648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4468]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 246
[DFARS Case 2003-D027]
Defense Federal Acquisition Regulation Supplement; Quality
Assurance
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD has issued a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to update text pertaining to
Government contract quality assurance requirements. This rule is a
result of a transformation initiative undertaken by DoD to dramatically
change the purpose and content of the DFARS.
DATES: Effective Date: May 12, 2006.
FOR FURTHER INFORMATION CONTACT: Ms. Deborah Tronic, Defense
Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132,
3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-
0289; facsimile (703) 602-0350. Please cite DFARS Case 2003-D027.
SUPPLEMENTARY INFORMATION:
A. Background
DFARS Transformation is a major DoD initiative to dramatically
change the purpose and content of the DFARS. The objective is to
improve the efficiency and effectiveness of the acquisition process,
while allowing the acquisition workforce the flexibility to innovate.
The transformed DFARS will contain only requirements of law, DoD-wide
policies, delegations of FAR authorities, deviations from FAR
requirements, and policies/procedures that have a significant effect
beyond the internal operating procedures of DoD or a significant cost
or administrative impact on contractors or offerors. Additional
information on the DFARS Transformation initiative is available at
http://www.acq.osd.mil/dpap/dars/dfars/transformation/index.htm.
This final rule is a result of the DFARS Transformation initiative.
The DFARS changes--
Update and clarify requirements for Government contract
quality assurance and use of warranties;
Delete unnecessary definitions and unnecessary text on
technical requirements matters, responsibilities of contract
administration offices, and material inspection and receiving reports;
and
Delete text on preparation of quality assurance
instructions, use of quality inspection approval stamps, and
information on types of quality evaluation data. Text on these subjects
has been relocated to the new DFARS companion resource, Procedures,
Guidance, and Information (PGI), available at http://www.acq.osd.mil/dpap/dars/pgi.
DoD published a proposed rule at 70 FR 29710 on May 24, 2005. DoD
received no comments on the proposed rule. Therefore, DoD has adopted
the proposed rule as a final rule without change.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD certifies that this final rule will not have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule updates and streamlines DFARS text, but makes no
significant change to DoD policy regarding contract quality assurance
requirements.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply, because the rule does
not impose any information collection requirements that require the
approval of the Office of Management and Budget under 44 U.S.C. 3501,
et seq.
List of Subjects in 48 CFR Part 246
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR Part 246 is amended follows:
PART 246--QUALITY ASSURANCE
0
1. The authority citation for 48 CFR Part 246 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
246.101 [Removed]
0
2. Section 246.101 is removed.
0
3. Section 246.102 is amended by revising paragraph (1) to read as
follows:
246.102 Policy.
* * * * *
(1) Develop and manage a systematic, cost-effective Government
contract quality assurance program to ensure that contract performance
conforms to
[[Page 27647]]
specified requirements. Apply Government quality assurance to all
contracts for services and products designed, developed, purchased,
produced, stored, distributed, operated, maintained, or disposed of by
contractors.
* * * * *
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4. Section 246.103 is revised to read as follows:
246.103 Contracting office responsibilities.
(1) The contracting office must coordinate with the quality
assurance activity before changing any quality requirement.
(2) The activity responsible for technical requirements may prepare
instructions covering the type and extent of Government inspections for
acquisitions that are complex, have critical applications, or have
unusual requirements. Follow the procedures at PGI 246.103(2) for
preparation of instructions.
246.104 and 246.203 [Removed]
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5. Sections 246.104 and 246.203 are removed.
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6. Section 246.406 is amended by revising paragraph (2) to read as
follows:
246.406 Foreign governments.
* * * * *
(2) International military sales (non-NATO). Departments and
agencies shall--
(i) Perform quality assurance services on international military
sales contracts or in accordance with existing agreements;
(ii) Inform host or U.S. Government personnel and contractors on
the use of quality assurance publications; and
(iii) Delegate quality assurance to the host government when
satisfactory services are available.
* * * * *
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7. Section 246.408-71 is amended by revising paragraph (c) to read as
follows:
246.408-71 Aircraft.
* * * * *
(c) The CAO shall ensure that the contractor possesses any required
FAA certificates prior to acceptance.
246.408-72 [Removed]
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8. Section 246.408-72 is removed.
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9. Sections 246.470-1 and 246.470-2 are revised to read as follows:
246.470-1 Assessment of additional costs.
(a) Under the clause at FAR 52.246-2, Inspection of Supplies--
Fixed-Price, after considering the factors in paragraph (c) of this
subsection, the quality assurance representative (QAR) may believe that
the assessment of additional costs is warranted. If so, the
representative shall recommend that the contracting officer take the
necessary action and provide a recommendation as to the amount of
additional costs. Costs are based on the applicable Federal agency,
foreign military sale, or public rate in effect at the time of the
delay, reinspection, or retest.
(b) If the contracting officer agrees with the QAR, the contracting
officer shall--
(1) Notify the contractor, in writing, of the determination to
exercise the Government's right under the clause at FAR 52.246-2,
Inspection of Supplies--Fixed-Price; and
(2) Demand payment of the costs in accordance with the collection
procedures contained in FAR Subpart 32.6.
(c) In making a determination to assess additional costs, the
contracting officer shall consider--
(1) The frequency of delays, reinspection, or retest under both
current and prior contracts;
(2) The cause of such delay, reinspection, or retest; and
(3) The expense of recovering the additional costs.
246.470-2 Quality evaluation data.
The contract administration office shall establish a system for the
collection, evaluation, and use of the types of quality evaluation data
specified in PGI 246.470-2.
246.470-3 through 246.470-5 [Removed]
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10. Sections 246.470-3 through 246.470-5 are removed.
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11. Section 246.472 is revised to read as follows:
246.472 Inspection stamping.
(a) DoD quality inspection approval marking designs (stamps) may be
used for both prime contracts and subcontracts. Follow the procedures
at PGI 246.472(a) for use of DoD inspection stamps.
(b) Policies and procedures regarding the use of National
Aeronautics and Space Administration (NASA) quality status stamps are
contained in NASA publications. When requested by NASA centers, the DoD
inspector shall use NASA quality status stamps in accordance with
current NASA requirements.
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12. Section 246.601 is added to read as follows:
246.601 General.
See Appendix F, Material Inspection and Receiving Report, for
procedures and instructions for the use, preparation, and distribution
of--
(1) The Material Inspection and Receiving Report (DD Form 250
series); and
(2) Supplier's commercial shipping/packing lists used to evidence
Government contract quality assurance.
246.670 and 246.671 [Removed]
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13. Sections 246.670 and 246.671 are removed.
246.702 and 246.703 [Removed]
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14. Sections 246.702 and 246.703 are removed.
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15. Sections 246.704 through 246.706 are revised to read as follows:
246.704 Authority for use of warranties.
(1) The chief of the contracting office must approve use of a
warranty, except in acquisitions for--
(i) Commercial items (see FAR 46.709);
(ii) Technical data, unless the warranty provides for extended
liability (see 246.708);
(iii) Supplies and services in fixed-price type contracts
containing quality assurance provisions that reference higher-level
contract quality requirements (see 246.202-4); or
(iv) Supplies and services in construction contracts when using the
warranties that are contained in Federal, military, or construction
guide specifications.
(2) The chief of the contracting office shall approve the use of a
warranty only when the benefits are expected to outweigh the cost.
246.705 Limitations.
(a) In addition to the exceptions provided in FAR 46.705(a),
warranties in the clause at 252.246-7001, Warranty of Data, may be used
in cost-reimbursement contracts.
246.706 Warranty terms and conditions.
(b)(5) Markings. For non-commercial items, use MIL-STD-129, Marking
for Shipments and Storage, and MIL-STD-130, Identification Marking of
U.S. Military Property, when marking warranty items.
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16. Section 246.710 is amended by revising paragraph (1) to read as
follows:
[[Page 27648]]
246.710 Contract clauses.
(1) Use a clause substantially the same as the clause at 252.246-
7001, Warranty of Data, in solicitations and contracts that include the
clause at 252.227-7013, Rights in Technical Data and Computer Software,
when there is a need for greater protection or period of liability than
provided by the inspection and warranty clauses prescribed in FAR Part
46.
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[FR Doc. 06-4468 Filed 5-11-06; 8:45 am]
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