[Federal Register Volume 76, Number 52 (Thursday, March 17, 2011)]
[Proposed Rules]
[Pages 14641-14643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6231]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 209 and 252
Defense Federal Acquisition Regulation Supplement; Identification
of Critical Safety Items (DFARS Case 2010-D022)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule.
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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to add a contract clause that clearly
identifies any items being purchased that are critical safety items so
that the proper risk-based surveillance can be performed.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before May 16, 2011, to be considered in
the formation of the final rule.
ADDRESSES: Submit comments identified by DFARS Case 2010-D022, using
any of the following methods:
[cir] Regulations.gov: http://www.regulations.gov.
Submit comments via the Federal eRulemaking portal by inputting
``DFARS Case 2010-D022'' under the heading ``Enter keyword or ID'' and
selecting ``Search.'' Select the link ``Submit a Comment'' that
corresponds with ``DFARS Case 2010-D022.'' Follow the instructions
provided at the ``Submit a Comment'' screen. Please include your name,
company name (if any), and ``DFARS Case 2010-D022'' on your attached
document.
[cir] E-mail: [email protected]. Include DFARS Case 2010-D022 in the
subject line of the message.
[cir] Fax: 703-602-0350.
[cir] Mail: Defense Acquisition Regulations System, Attn: Meredith
Murphy, OUSD(AT&L)DPAP(DARS), Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301-3060.
Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To
confirm receipt of your comment(s), please check http://www.regulations.gov approximately two to three days after submission to
verify posting (except allow 30 days for posting of comments submitted
by mail).
FOR FURTHER INFORMATION CONTACT: Meredith Murphy, Defense Acquisition
Regulations System, OUSD (AT&L) DPAP (DARS), Room 3B855, 3060 Defense
Pentagon, Washington, DC 20301-3060. Telephone 703-602-1302; facsimile
703-602-0350.
SUPPLEMENTARY INFORMATION:
I. Background
This DFARS case was initiated at the request of the Defense
Contract Management Agency so that when DoD requiring activities
identify procurements involving critical safety items, the buying
activities will include a clause in the solicitation and resulting
contract that identifies specific items in the procurement that are
critical safety items.
The National Defense Authorization Act for Fiscal Year 2004 (Pub.
L. 108-136), section 802, entitled ``Quality Control in Procurement of
Aviation Critical Safety Items and Related
[[Page 14642]]
Services,'' defined ``aviation critical safety item'' to mean a part,
assembly, installation equipment, launch equipment, recovery equipment,
or support equipment for an aircraft or aviation weapon system which,
if it failed, could cause catastrophic damage, unacceptable risk of
personal injury, or loss of life. Implementing regulations established
processes for designated design control activities to identify aviation
critical safety items. Similar definitions and requirements have been
applied to ship critical safety items to implement section 130 of the
National Defense Authorization Act for Fiscal Year 2007. When design
control activities identify such items to the contracting activity, the
latter will contract only with sources approved by the design control
activity for the procurement, modification, repair, or overhaul of
critical safety items. Using the clause in this proposed rule will
enable contract administration activities to identify and apply
additional risk-based surveillance to comply with joint agency
instructions, such as Management of Aviation Critical Safety Items
(dated January 25, 2006).
DoD is proposing to amend DFARS subpart 209.2, Qualifications
Requirements, to add a new contract clause. Specifically, DoD proposes
to add a clause prescription at DFARS 209.270-5, Contract clause, and a
new clause at 252.209-700X, Critical Safety Items. The requirement to
identify critical safety items, procure such items only from sources
designated by the design control activity, and apply enhanced risk-
based surveillance has been in effect for a number of years. However,
there was no single DoD-wide means of complying with this requirement.
II. Executive Order 12866
This is a significant regulatory action and, therefore, was subject
to review under Executive Order 12866, Regulatory Planning and Review,
dated September 30, 1993. This rule is not a major rule under 5 U.S.C.
804.
III. Executive Order 13563
In accordance with Executive Order 13563, Improving Regulation and
Regulatory Review, dated January 18, 2011, DoD has determined that this
rule is not excessively burdensome to the public. It is consistent with
the intent of the National Defense Authorization Acts for Fiscal Years
2004 and 2007 and joint agency instructions, such as Management of
Aviation Critical Safety Items (dated January 25, 2006), to identify
and apply additional risk-based surveillance to items identified as
critical safety items.
IV. Regulatory Flexibility Act
DoD does not expect this 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 rule
does not impose new requirements on small entities. Its purpose is to
alert Government quality-assurance activities to existing heightened
surveillance requirements that are imposed by DoD requiring activities.
The process for identifying an item as a critical safety item occurs
entirely outside the procurement process, as does the process of
approving a source for production of a critical safety item. Therefore,
an initial regulatory flexibility analysis has not been prepared.
DoD invites comments from small business concerns and other
interested parties on the expected impact of this rule on small
entities.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 610 (DFARS Case 2010-D022) in
correspondence.
V. Paperwork Reduction Act
The rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Parts 209 and 252
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 209 and 252 are proposed to be amended as
follows:
1. The authority citation for 48 CFR parts 209 and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 209--CONTRACTOR QUALIFICATIONS
2. Add section 209.270-5 to read as follows:
209.270-5 Contract clause.
The contracting officer shall insert the clause at 252.209-700X,
Critical Safety Items, in solicitations and contracts when the
acquisition includes one or more items designated by the design control
activity as critical safety items.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
3. Add section 252.209-700X to read as follows:
252.209-700X Critical Safety Items.
As prescribed in 209.270-5, use the following clause:
Critical Safety Items (Date)
(a) Definitions.
Aviation critical safety item means a part, an assembly,
installation equipment, launch equipment, recovery equipment, or
support equipment for an aircraft or aviation weapon system if the
part, assembly, or equipment contains a characteristic, any failure,
malfunction, or absence of which could cause--
(1) A catastrophic or critical failure resulting in the loss of,
or serious damage to, the aircraft or weapon system;
(2) An unacceptable risk of personal injury or loss of life; or
(3) An uncommanded engine shutdown that jeopardizes safety.
Design control activity--
(1) With respect to an aviation critical safety item, means the
systems command of a military department that is specifically
responsible for ensuring the airworthiness of an aviation system or
equipment, in which an aviation critical safety item is to be used;
and
(2) With respect to a ship critical safety item, means the
systems command of a military department that is specifically
responsible for ensuring the seaworthiness of a ship or ship
equipment, in which a ship critical safety item is to be used.
Ship critical safety item means any ship part, assembly, or
support equipment containing a characteristic, the failure,
malfunction, or absence of which could cause--
(1) A catastrophic or critical failure resulting in loss of, or
serious damage to, the ship; or
(2) An unacceptable risk of personal injury or loss of life.
(b) Identification of critical safety items. One or more of the
items being acquired under this contract is an aviation or ship
critical safety item. The following items have been designated
aviation critical safety items or ship critical safety items by the
designated design control activity:
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(insert additional lines, as necessary)
(c) Heightened quality assurance surveillance. Items designated
in paragraph (b) of this clause are subject to heightened, risk-
based surveillance by the designated quality assurance
representative.
[[Page 14643]]
(End of clause)
[FR Doc. 2011-6231 Filed 3-16-11; 8:45 am]
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