[Federal Register Volume 73, Number 79 (Wednesday, April 23, 2008)]
[Proposed Rules]
[Pages 21892-21893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8696]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 246, 252 and Chapter 2
RIN 0750-AF88
Defense Federal Acquisition Regulation Supplement; Quality
Assurance Authorization of Shipment of Supplies (DFARS Case 2005-D024)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule with request for comments.
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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to revise the criteria under which the
contract administration office may permit a contractor to release
supplies for shipment without Government authorization of the shipping
documents. The proposed changes will enable the Government to provide
for the appropriate level of contract quality assurance at source,
based on product complexity and criticality and the contractor's record
of quality control.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before June 23, 2008, to be considered in
the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2005-D024,
using any of the following methods:
[cir] Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
[cir] E-mail: [email protected]. Include DFARS Case 2005-D024 in the
subject line of the message.
[cir] Fax: 703-602-7887.
[cir] Mail: Defense Acquisition Regulations System, Attn: Mr. Mark
Gomersall, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense Pentagon,
Washington, DC 20301-3062.
[cir] Hand Delivery/Courier: Defense Acquisition Regulations
System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA
22202-3402.
Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Mr. Mark Gomersall, 703-602-0302.
SUPPLEMENTARY INFORMATION:
A. Background
This proposed rule amends DFARS 246.471 to provide for contractor
release of supplies for shipment, without Government authorization of
the shipping documents, based on criteria that consider product
complexity and criticality and the contractor's record of quality
control.
In addition, changes are proposed to DD Form 250, Material
Inspection and Receiving Report. Since DoD forms are not published in
the Federal Register or the Code of Federal Regulations, the proposed
changes to DD Form 250 do not appear in the amendatory portion of this
proposed rule, but are described as follows: The statements in Blocks
21a and 21b (Contract Quality Assurance) of DD Form 250 are proposed to
be changed, from ``CQA/ACCEPTANCE of listed items has been made by me
or under my supervision and they conform to contract, except as noted
herein or on supporting documents'', to ``CQA/ACCEPTANCE has been
subject to Government contract quality assurance surveillance''. The
proposed changes provide for the representative signing the DD Form 250
at source to affirm that the appropriate quality assurance activities
have been accomplished. The clause at DFARS 252.246-7000, Material
Inspection and Receiving Report, is amended to specify that a
contractor's submission of a receiving report constitutes the
contractor's affirmation that the items listed on the report conform to
contract requirements.
The existing DD Form 250 is available at http://www.dtic.mil/whs/directives/infomgt/forms/formsprogram.htm.
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 does not expect this proposed rule to 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 proposed rule primarily relates to the allocation of
Government resources to quality assurance functions. Therefore, DoD has
not performed an initial regulatory flexibility analysis. DoD invites
comments from small businesses and other interested parties. DoD also
will consider comments from small entities concerning the affected
DFARS subparts in accordance with 5 U.S.C. 610. Such comments should be
submitted separately and should cite DFARS Case 2005-D024.
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 Parts 246 and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR parts 246 and 252 and
Appendix F to Chapter 2 as follows:
1. The authority citation for 48 CFR parts 246 and 252 and Appendix
F to subchapter I continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 246--QUALITY ASSURANCE
2. Section 246.471 is amended as follows:
a. By removing paragraph (a)(4); and
b. By revising paragraph (b) heading and paragraph (b)(1) to read
as follows:
[[Page 21893]]
246.471 Authorizing shipment of supplies.
* * * * *
(b) Alternative Procedures-Contractor Release for Shipment.
(1) The contract administration office may authorize, in writing,
the contractor to release supplies for shipment when--
(i)(A) Products are non-complex or non-critical;
(B) Conformance will be validated by periodic assessments; and
(C) The contractor has a record of satisfactory quality; or
(ii)(A) Products are complex or critical;
(B) The authorization of the shipping papers by a representative of
the contract administration office prevents expediency of shipment;
(C) The Government performs a systematic and continuing evaluation
of the contractor's control of quality; and
(D) The contractor has a record of satisfactory quality, including
that pertaining to preparation for shipment.
* * * * *
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
3. Section 252.246-7000 is amended by revising the clause date and
adding paragraph (c) to read as follows:
252.246-7000 Material Inspection and Receiving Report.
* * * * *
Material Inspection and Receiving Report (XXX 2008)
* * * * *
(c) When submitting the receiving report (whether using DD Form 250
or WAWF), the Contractor is affirming that the items listed on the
report conform to contract requirements, except as otherwise noted on
the report.
Appendix F--Material Inspection and Receiving Report
4. Appendix F to chapter 2 is amended in Part 3, Section F-301,
by revising paragraphs (b)(21)(i) and (ii), paragraph (b)(21)(iv)(A)
introductory text, and paragraph (b)(21)(v)(B) introductory text to
read as follows:
F-301 Preparation instructions.
* * * * *
(b) * * *
(21) * * *
(i) The words ``subject to Government contract quality assurance
surveillance'' contained in the printed statements in Blocks 21a and
21b relate to quality and to the quantity of the items on the
report. Do not modify the statements. Enter notes taking exception
in Block 16 or on attached supporting documents with an appropriate
block cross-reference.
(ii) When a shipment is authorized under alternative release
procedures (see 246.471(b)), the contractor shall attach or include
the appropriate signed certificate on the top copy of the DD Form
250 copies distributed to the payment office or attach or include
the appropriate contractor certificate on the contract
administration office copy when contract administration (Block 10 of
the DD Form 250) is performed by the Defense Contract Management
Agency (DCMA).
* * * * *
(iv) * * *
(A) The authorized Government representative shall--
* * * * *
(v) * * *
(B) When CQA and acceptance or acceptance is at destination, the
authorized Government representative shall--
* * * * *
[FR Doc. E8-8696 Filed 4-22-08; 8:45 am]
BILLING CODE 5001-08-P