Defense Federal Acquisition Regulation Supplement; Quality Assurance Authorization of Shipment of Supplies (DFARS Case 2005-D024), 21892-21893 [E8-8696]
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21892
Federal Register / Vol. 73, No. 79 / Wednesday, April 23, 2008 / Proposed Rules
(C) Establish that the requirement has
been structured to minimize the use of
time-and-materials requirements (e.g.,
limiting the value or length of the timeand-materials portion of the contract or
order; establishing fixed prices for
portions of the requirement); and
(D) Describe the actions planned to
minimize the use of time-and-materials
contracts on future acquisitions for the
same requirements.
(ii) For indefinite-delivery contracts,
the contracting officer shall—
(A) Structure contracts that authorize
time-and-materials orders to also
authorize orders on a costreimbursement, incentive, or fixed-price
basis, to the maximum extent
practicable; and
(B) Execute the determination and
findings for—
(1) Each order placed on a time-andmaterials basis if the indefinite-delivery
contract also authorizes orders on a
cost-reimbursement, incentive, or fixedprice basis; or
(2) The basic contract if the indefinitedelivery contract only authorizes timeand-materials orders. The determination
and findings shall—
(i) Contain sufficient facts and
rationale to justify why orders on a costreimbursement, incentive, and fixedprice basis are not practicable; and
(ii) Be approved one level above the
contracting officer.
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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:
Æ Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Æ E-mail: dfars@osd.mil. Include
DFARS Case 2005–D024 in the subject
line of the message.
Æ Fax: 703–602–7887.
Æ Mail: Defense Acquisition
Regulations System, Attn: Mr. Mark
Gomersall, OUSD (AT&L) DPAP
(DARS), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301–3062.
Æ 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 https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Mr.
Mark Gomersall, 703–602–0302.
SUPPLEMENTARY INFORMATION:
[FR Doc. E8–8697 Filed 4–22–08; 8:45 am]
A. Background
BILLING CODE 5001–08–P
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
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)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule with request for
comments.
mstockstill on PROD1PC66 with PROPOSALS
AGENCY:
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
SUMMARY:
VerDate Aug<31>2005
16:23 Apr 22, 2008
Jkt 214001
PO 00000
Frm 00042
Fmt 4702
Sfmt 4702
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 https://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:
E:\FR\FM\23APP1.SGM
23APP1
Federal Register / Vol. 73, No. 79 / Wednesday, April 23, 2008 / Proposed Rules
246.471
Authorizing shipment of supplies.
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(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.
*
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PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
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).
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(iv) * * *
(A) The authorized Government
representative shall—
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(v) * * *
(B) When CQA and acceptance or
acceptance is at destination, the authorized
Government representative shall—
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[FR Doc. E8–8696 Filed 4–22–08; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 600
[Docket No. 070920529–8571–02]
3. Section 252.246–7000 is amended
by revising the clause date and adding
paragraph (c) to read as follows:
RIN 0648–AW05
Material Inspection and Receiving
Report (XXX 2008)
Magnuson-Stevens Act Provisions;
Limited Access Privilege Programs;
Individual Fishing Quota Referenda
Guidelines and Procedures for the New
England Fishery Management Council
and Gulf of Mexico Fishery
Management Council
*
AGENCY:
252.246–7000 Material Inspection and
Receiving Report.
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(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.
mstockstill on PROD1PC66 with PROPOSALS
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(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
VerDate Aug<31>2005
16:23 Apr 22, 2008
Jkt 214001
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed guidelines and
procedures; request for comments.
SUMMARY: In accordance with the
Magnuson-Stevens Fishery
Conservation and Management Act, as
amended (Magnuson-Stevens Act),
NMFS proposes guidelines and
procedures for the New England Fishery
Management Council (NEFMC), the Gulf
of Mexico Fishery Management Council
(GMFMC) (collectively the Councils),
and NMFS to follow in determining
procedures and voting eligibility
requirements for referenda on
Individual Fishing Quota (IFQ) program
proposals. The intended effect of these
procedures and guidance is to ensure
IFQ program referenda are fair and
equitable.
DATES: Comments must be submitted in
writing on or before June 23, 2008.
ADDRESSES: Copies of the Regulatory
Impact Review/Initial Regulatory
PO 00000
Frm 00043
Fmt 4702
Sfmt 4702
21893
Flexibility Analysis (RIR/IRFA)
prepared for this action, may be
obtained from the mailing address listed
here or by calling Robert Gorrell,
NMFS–SF, 1315 East-West Highway,
Silver Spring, MD 20910. You may
submit comments, identified by 0648–
AW05, by any one of the following
methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov.
• Fax: 301–713–1193, Attn: Robert
Gorrell.
• Mail: Alan Risenhoover, Director,
Office of Sustainable Fisheries, NMFS,
Attn: IFQ Referenda Guidelines, 1315
East-West Highway, SSMC3, Silver
Spring, MD 20910.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments. Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe
PDF file formats only.
FOR FURTHER INFORMATION CONTACT:
Robert Gorrell, at 301–713–2341 or via
e-mail at robert.gorrell@noaa.gov.
SUPPLEMENTARY INFORMATION: Section
303A of the Magnuson-Stevens Act
specifies general requirements for
Limited Access Privilege (LAP)
programs implemented in U.S. marine
fisheries. A LAP is defined as a Federal
limited access permit that provides a
person the exclusive privilege to harvest
a specific portion of a fishery’s total
allowable catch. This definition
encompasses exclusive harvesting
privileges allocated to participants
under IFQ programs.
Section 303A(c)(6)(D) of the
Magnuson-Stevens Act outlines specific
requirements for IFQ program proposals
developed by the NEFMC and GMFMC.
Specifically, the Magnuson-Stevens Act
requires such program proposals be
approved through referenda before they
may be submitted for review and
implementation by the Secretary of
Commerce (Secretary). Additionally, the
Magnuson-Stevens Act requires the
Secretary publish guidelines and
procedures to determine procedures and
voting eligibility requirements for IFQ
program referenda and to conduct such
referenda in a fair and equitable
manner.
E:\FR\FM\23APP1.SGM
23APP1
]]>Agencies
[Federal Register Volume 73, Number 79 (Wednesday, April 23, 2008)]
[Proposed Rules]
[Pages 21892-21893]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-8696]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: https://www.regulations.gov.
Follow the instructions for submitting comments.
[cir] E-mail: dfars@osd.mil. 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 https://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
