Defense Federal Acquisition Regulation Supplement; Material Inspection and Receiving Report, 39975-39976 [05-13304]

Download as PDF Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules Submit your comments, identified by Regional Material in EDocket (RME) ID Number R03–OAR– 2005–VA–0009 by one of the following methods: A. Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-line instructions for submitting comments. B. Agency Web site: http:// www.docket.epa.gov/rmepub/ RME, EPA’s electronic public docket and comment system, is EPA’s preferred method for receiving comments. Follow the on-line instructions for submitting comments. C. E-mail: http:// wilkie.walter@epa.gov. D. Mail: R03–OAR–2005–VA–0009, Walter Wilkie, Chief, Air Quality Analysis, Mailcode 3AP22, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. E. Hand Delivery: At the previouslylisted EPA Region III address. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to RME ID No. R03–OAR–2005–VA–0009. EPA’s policy is that all comments received will be included in the public docket without change, and may be made available online at http:// www.docket.epa.gov/rmepub/, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through RME, regulations.gov or e-mail. The EPA RME and the Federal regulations.gov Web sites are an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through RME or regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form ADDRESSES: VerDate jul<14>2003 16:18 Jul 11, 2005 Jkt 205001 of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the RME index at http://www.docket.epa.gov/ rmepub/. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in RME or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Virginia Department of Environmental Quality, 629 East Main Street, Richmond, Virginia 23219. FOR FURTHER INFORMATION CONTACT: James B. Topsale, P.E., at (215) 814– 2190, or by e-mail at topsale.jim@epa.gov. For further information, please see the information provided in the direct final action, with the same title, that is located in the ‘‘Rules and Regulations’’ section of this Federal Register publication. SUPPLEMENTARY INFORMATION: Dated: June 29, 2005. Donald S. Welsh, Regional Administrator, Region III. [FR Doc. 05–13699 Filed 7–11–05; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF DEFENSE 48 CFR Chapter 2 [DFARS Case 2003–D085] Defense Federal Acquisition Regulation Supplement; Material Inspection and Receiving Report Department of Defense (DoD). Proposed rule with request for comments. AGENCY: ACTION: SUMMARY: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update requirements for preparation of material inspection and receiving reports under DoD contracts. This proposed rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS. DATES: Comments on the proposed rule should be submitted in writing to the PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 39975 address shown below on or before September 12, 2005, to be considered in the formation of the final rule. ADDRESSES: You may submit comments, identified by DFARS Case 2003-D085, using any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • 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 DFARS Case 2003-D085 in the subject line of the message. • Fax: (703) 602–0350. • Mail: Defense Acquisition Regulations Council, Attn: Ms. Deborah Tronic, 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: Ms. Deborah Tronic, (703) 602–0289. 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, DoDwide 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/dfars/ transf.htm. This proposed rule is a result of the DFARS Transformation initiative. The proposed changes update DFARS Appendix F requirements for preparation of DD Form 250, Material Inspection and Receiving Report. The proposed changes include— • Clarification of requirements for marking of shipments when a contractor’s certificate of conformance is used as the basis for acceptance. • Relocation of the requirement for the contractor to provide sufficient copies of DD Form 250, from F–701 to F–103. E:\FR\FM\12JYP1.SGM 12JYP1 39976 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Proposed Rules • Clarification that use of Wide Area WorkFlow-Receipt and Acceptance electronic form satisfies DD Form 250 distribution requirements. This is consistent with the clause at DFARS 252.246–7000, Material Inspection and Receiving Report. • Deletion of procedures for documenting Government contract quality assurance performed at a subcontractor’s facility and for distribution and correction of DD Form 250–1 documents. This text will be relocated to the new DFARS companion resource, Procedures, Guidance, and Information (PGI), available at http:// www.acq.osd.mil/dpap/dars/pgi. 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 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 makes no significant change to DoD policy for preparation and use of material inspection and receiving reports. 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 subpart in accordance with 5 U.S.C. 610. Such comments should be submitted separately and should cite DFARS Case 2003-D085. C. Paperwork Reduction Act The information collection requirements of DD Form 250, Material Inspection and Receiving Report, have been approved by the Office of Management and Budget under Control Number 0704–0248, for use through March 31, 2008. List of Subjects in 48 CFR Chapter 2 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, DoD proposes to amend 48 CFR Appendix F to Chapter 2 as follows: 1. The authority citation for 48 CFR Appendix F to subchapter I continues to read as follows: Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. VerDate jul<14>2003 14:35 Jul 11, 2005 Jkt 205001 Appendix F to Chapter 2—Material Inspection and Receiving Report PART 7—DISTRIBUTION OF THE DD FORM 250–1 2. Appendix F to Chapter 2 is amended in Part 1, Section F–103, by revising paragraph (c) to read as follows: F–701 Distribution. Follow the procedures at PGI F–701 for distribution of DD Form 250–1. F–103 F–702 Corrected DD Form 250–1. Follow the procedures at PGI F–702 when corrections to DD Form 250–1 are needed. * Use. * * * * (c) The contractor prepares the MIRR, except for entries that an authorized Government representative is required to complete. The contractor shall furnish sufficient copies of the completed form, as directed by the Government representative. * * * * * PART 2—CONTRACT QUALITY ASSURANCE ON SHIPMENTS BETWEEN CONTRACTORS F–201 Procedures. Follow the procedures at PGI F–201 for evidence of required Government contract quality assurance at a subcontractor’s facility. 4. Appendix F to Chapter 2 is amended in Part 3, Section F–301, by revising paragraph (b)(21)(iii) in the first sentence and paragraph (b)(21)(iv)(D) introductory text to read as follows: * Preparation instructions. * * * * (b) * * * (21) * * * (iii) When contract terms provide for use of Certificate of Conformance and shipment is made under these terms, the contractor shall enter in capital letters ‘‘CERTIFICATE OF CONFORMANCE’’ in Block 21a on the next line following the CQA and acceptance statements. * * * (iv) * * * (D) When Certificate of Conformance procedures apply, inspection or inspection and acceptance are at source, and the contractor’s Certificate of Conformance is required, the contractor shall enter in capital letters ‘‘CERTIFICATE OF CONFORMANCE’’ as required by paragraph (b)(21)(iii) of this section. * * * * * 5. Appendix F to Chapter 2 is amended in Part 4, Section F–401, by revising paragraph (a) to read as follows: F–401 Distribution. (a) The contractor is responsible for distributing the DD Form 250, including mailing and payment of postage. Use of Wide Area WorkFlow-Receipt and Acceptance electronic form satisfies the distribution requirements of this section. * * * * * 6. Appendix F to Chapter 2 is amended by revising Part 7 to read as follows: PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE 3. Appendix F to Chapter 2 is amended by revising Part 2 to read as follows: F–301 [FR Doc. 05–13304 Filed 7–11–05; 8:45 am] 48 CFR Parts 204, 235, and 252 [DFARS Case 2004–D010] Defense Federal Acquisition Regulation Supplement; ExportControlled Information and Technology Department of Defense (DoD). Proposed rule with request for comments. AGENCY: ACTION: SUMMARY: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to address requirements for preventing unauthorized disclosure of exportcontrolled information and technology under DoD contracts. DATES: Comments on the proposed rule should be submitted in writing to the address shown below on or before September 12, 2005, to be considered in the formation of the final rule. ADDRESSES: You may submit comments, identified by DFARS Case 2004–D010, using any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • 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 DFARS Case 2004–D010 in the subject line of the message. • Fax: (703) 602–0350. • Mail: Defense Acquisition Regulations Council, Attn: Ms. Amy Williams, 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: Amy Williams, (703) 602–0328. E:\FR\FM\12JYP1.SGM 12JYP1 Ms.

Agencies

[Federal Register Volume 70, Number 132 (Tuesday, July 12, 2005)]
[Proposed Rules]
[Pages 39975-39976]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13304]


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DEPARTMENT OF DEFENSE

48 CFR Chapter 2

[DFARS Case 2003-D085]


Defense Federal Acquisition Regulation Supplement; Material 
Inspection and Receiving Report

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to update requirements for preparation of 
material inspection and receiving reports under DoD contracts. This 
proposed rule is a result of a transformation initiative undertaken by 
DoD to dramatically change the purpose and content of the DFARS.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before September 12, 2005, to be 
considered in the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2003-D085, 
using any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     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 DFARS Case 2003-D085 in the 
subject line of the message.
     Fax: (703) 602-0350.
     Mail: Defense Acquisition Regulations Council, Attn: Ms. 
Deborah Tronic, 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: Ms. Deborah Tronic, (703) 602-0289.

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/dfars/transf.htm.
    This proposed rule is a result of the DFARS Transformation 
initiative. The proposed changes update DFARS Appendix F requirements 
for preparation of DD Form 250, Material Inspection and Receiving 
Report. The proposed changes include--
     Clarification of requirements for marking of shipments 
when a contractor's certificate of conformance is used as the basis for 
acceptance.
     Relocation of the requirement for the contractor to 
provide sufficient copies of DD Form 250, from F-701 to F-103.

[[Page 39976]]

     Clarification that use of Wide Area WorkFlow-Receipt and 
Acceptance electronic form satisfies DD Form 250 distribution 
requirements. This is consistent with the clause at DFARS 252.246-7000, 
Material Inspection and Receiving Report.
     Deletion of procedures for documenting Government contract 
quality assurance performed at a subcontractor's facility and for 
distribution and correction of DD Form 250-1 documents. This text will 
be relocated to the new DFARS companion resource, Procedures, Guidance, 
and Information (PGI), available at http://www.acq.osd.mil/dpap/dars/
pgi.
    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 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 
makes no significant change to DoD policy for preparation and use of 
material inspection and receiving reports. 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 subpart in accordance with 5 U.S.C. 610. Such comments should be 
submitted separately and should cite DFARS Case 2003-D085.

C. Paperwork Reduction Act

    The information collection requirements of DD Form 250, Material 
Inspection and Receiving Report, have been approved by the Office of 
Management and Budget under Control Number 0704-0248, for use through 
March 31, 2008.

List of Subjects in 48 CFR Chapter 2

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

    Therefore, DoD proposes to amend 48 CFR Appendix F to Chapter 2 as 
follows:
    1. The authority citation for 48 CFR Appendix F to subchapter I 
continues to read as follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

Appendix F to Chapter 2--Material Inspection and Receiving Report

    2. Appendix F to Chapter 2 is amended in Part 1, Section F-103, by 
revising paragraph (c) to read as follows:


F-103  Use.

* * * * *
    (c) The contractor prepares the MIRR, except for entries that an 
authorized Government representative is required to complete. The 
contractor shall furnish sufficient copies of the completed form, as 
directed by the Government representative.
* * * * *

    3. Appendix F to Chapter 2 is amended by revising Part 2 to read as 
follows:

PART 2--CONTRACT QUALITY ASSURANCE ON SHIPMENTS BETWEEN CONTRACTORS


F-201  Procedures.

    Follow the procedures at PGI F-201 for evidence of required 
Government contract quality assurance at a subcontractor's facility.

    4. Appendix F to Chapter 2 is amended in Part 3, Section F-301, by 
revising paragraph (b)(21)(iii) in the first sentence and paragraph 
(b)(21)(iv)(D) introductory text to read as follows:

F-301  Preparation instructions.

* * * * *
    (b) * * *
    (21) * * *
    (iii) When contract terms provide for use of Certificate of 
Conformance and shipment is made under these terms, the contractor 
shall enter in capital letters ``CERTIFICATE OF CONFORMANCE'' in 
Block 21a on the next line following the CQA and acceptance 
statements. * * *
    (iv) * * *
    (D) When Certificate of Conformance procedures apply, inspection 
or inspection and acceptance are at source, and the contractor's 
Certificate of Conformance is required, the contractor shall enter 
in capital letters ``CERTIFICATE OF CONFORMANCE'' as required by 
paragraph (b)(21)(iii) of this section.
* * * * *

    5. Appendix F to Chapter 2 is amended in Part 4, Section F-401, by 
revising paragraph (a) to read as follows:

F-401  Distribution.

    (a) The contractor is responsible for distributing the DD Form 
250, including mailing and payment of postage. Use of Wide Area 
WorkFlow-Receipt and Acceptance electronic form satisfies the 
distribution requirements of this section.
* * * * *

    6. Appendix F to Chapter 2 is amended by revising Part 7 to read as 
follows:

PART 7--DISTRIBUTION OF THE DD FORM 250-1


F-701  Distribution.

    Follow the procedures at PGI F-701 for distribution of DD Form 
250-1.


F-702  Corrected DD Form 250-1.

    Follow the procedures at PGI F-702 when corrections to DD Form 
250-1 are needed.

[FR Doc. 05-13304 Filed 7-11-05; 8:45 am]
BILLING CODE 5001-08-P