Defense Federal Acquisition Regulation Supplement; Ship Critical Safety Items (DFARS Case 2007-D016), 46817-46818 [E8-18510]

Download as PDF Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Rules and Regulations prior to affording the public an opportunity to comment. This interim rule implements Section 827 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110–181). Section 827 requires DoD to use competitive procedures in the acquisition of items for which FPI has a significant share of the DoD market. Comments received in response to this interim rule will be considered in the formation of the final rule. List of Subjects in 48 CFR Part 208 Government procurement. FPI, and make an award in accordance with the policy at FAR 8.602(a)(4)(ii) through (v). (2) When acquiring an item for which FPI does not have a significant market share, acquire the item in accordance with the policy at FAR 8.602. [FR Doc. E8–18506 Filed 8–11–08; 8:45 am] DEPARTMENT OF DEFENSE Therefore, 48 CFR part 208 is amended as follows: Defense Federal Acquisition Regulation Supplement; Technical Amendments PART 208—REQUIRED SOURCES OF SUPPLIES AND SERVICES AGENCY: Subpart 208.6—Acquisition From Federal Prison Industries, Inc. DATES: ebenthall on PRODPC60 with RULES 208.602–70 Acquisition of items for which FPI has a significant market share. (a) Scope. This subsection implements Section 827 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110–181). (b) Definition. Item for which FPI has a significant market share, as used in this subsection, means an item for which FPI’s share of the DoD market for the federal supply class including that item is greater than 5 percent, as determined by DoD in consultation with the Office of Federal Procurement Policy. A list of the federal supply classes of items for which FPI has a significant market share is maintained at http://www.acq.osd.mil/dpap/cpic/cp/ specific_policy_areas.html# federal_prison. (c) Policy. (1) When acquiring an item for which FPI has a significant market share— (i) Acquire the item using— (A) Competitive procedures (e.g., the procedures in FAR 6.102, the set-aside procedures in FAR Subpart 19.5, or competition conducted in accordance with FAR Part 13); or (B) The fair opportunity procedures in FAR 16.505, if placing an order under a multiple award delivery-order contract; and (ii) Include FPI in the solicitation process, consider a timely offer from 13:51 Aug 11, 2008 Jkt 214001 Final rule. SUMMARY: DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to update a subpart heading, a cross-reference, and a form title. 2. Subpart 208.6 is added to read as follows: I VerDate Aug<31>2005 Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. Subpart 208.7—Acquisition From Nonprofit Agencies Employing People Who Are Blind or Severely Disabled 236.570 48 CFR Parts 208, 236, and 252 1. The authority citation for 48 CFR part 208 continues to read as follows: 2. The heading of Subpart 208.7 is revised to read as follows: I PART 236—CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS Michele P. Peterson, Editor, Defense Acquisition Regulations System. I PART 208—REQUIRED SOURCES OF SUPPLIES AND SERVICES BILLING CODE 5001–08–P Defense Acquisition Regulations System I 46817 Effective Date: August 12, 2008. Ms. Michele Peterson, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone 703–602–0311; facsimile 703–602–7887. [Amended] 3. Section 236.570 is amended in paragraph (b)(5) by removing ‘‘236.213– 70’’ and adding in its place ‘‘236.213’’. I PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.235–7003 [Amended] 4. Section 252.235–7003 is amended in Alternate I as follows: I a. By revising the Alternate I date to read ‘‘(AUG 2008)’’; and I b. In the introductory text and in paragraph (c) by removing ‘‘Application for Frequency Authorization’’ and adding in its place ‘‘Application for Equipment Frequency Allocation’’. I [FR Doc. E8–18492 Filed 8–11–08; 8:45 am] BILLING CODE 5001–08–P FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: This final rule amends DFARS text as follows: Æ Subpart 208.7. Updates the subpart heading for consistency with the heading of the corresponding Federal Acquisition Regulation subpart. Æ 236.570. Updates a cross-reference. Æ 252.235–7003. Updates Alternate I to reflect the current title of DD Form 1494. List of Subjects in 48 CFR Parts 208, 236, and 252 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR parts 208, 236, and 252 are amended as follows: I 1. The authority citation for 48 CFR parts 208, 236, and 252 continues to read as follows: I Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 209, 217, and 246 RIN 0750–AF86 Defense Federal Acquisition Regulation Supplement; Ship Critical Safety Items (DFARS Case 2007–D016) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: SUMMARY: DoD has adopted as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 130 of the National Defense Authorization Act for Fiscal Year 2007. Section 130 requires DoD to establish a quality control policy for the procurement, modification, repair, and overhaul of ship critical safety items. DATES: Effective Date: August 12, 2008. FOR FURTHER INFORMATION CONTACT: Mr. Michael Benavides, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 E:\FR\FM\12AUR1.SGM 12AUR1 46818 Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Rules and Regulations Defense Pentagon, Washington, DC 20301–3062. Telephone 703–602–1302; facsimile 703–602–7887. Please cite DFARS Case 2007–D016. SUPPLEMENTARY INFORMATION: ebenthall on PRODPC60 with RULES A. Background DoD published an interim rule at 73 FR 1826 on January 10, 2008, to implement Section 130 of the National Defense Authorization Act for Fiscal Year 2007 (Pub. L. 109–364). Section 130 requires DoD to prescribe in regulations a quality control policy for the procurement of ship critical safety items and the modification, repair, and overhaul of those items. The interim rule amended DFARS 209.270–1 through 209.270–4 and related text to address quality control of ship critical safety items. DoD received one comment on the interim rule. The respondent stated that DoD contracting personnel have misinterpreted the term ‘‘certificate of conformance,’’ as used in DFARS 246.504 with regard to limitation on its use, to mean a manufacturer’s certificate that its products conform to quality requirements. This misinterpretation has led buying office quality representatives to take a position that products presented for inspection at source, or ‘‘origin,’’ are not acceptable if presented with a corresponding manufacturer’s certificate of conformance (to its quality requirements). The intent of the DFARS term is to refer to approval given under the clause at FAR 52.246–15, Certificate of Conformance, which enables a DoD quality assurance specialist to allow a contractor to ship items without inspection under certain circumstances. Therefore, the respondent recommended that DFARS 246.504 be clarified by adding a reference to the clause at FAR 52.246–15. DoD does not believe the clarification is necessary. The text at DFARS 246.504 must be read in conjunction with the corresponding text at FAR 46.504, which specifies the appropriate conditions for use of a certificate of conformance and includes a reference to the prescription for the clause at FAR 52.246–15. Therefore, DoD has adopted the interim 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 VerDate Aug<31>2005 13:51 Aug 11, 2008 Jkt 214001 Flexibility Act, 5 U.S.C. 601, et seq., because the rule primarily relates to internal DoD responsibilities for ensuring quality control of ship critical safety items. In addition, the Navy already has implemented stringent quality control programs with regard to ship critical safety items. 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 209, 217, and 246 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Interim Rule Adopted as Final Without Change Accordingly, the interim rule amending 48 CFR parts 209, 217, and 246, which was published at 73 FR 1826 on January 10, 2008, is adopted as a final rule without change. [FR Doc. E8–18510 Filed 8–11–08; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 225 RIN 0750–AF89 Defense Federal Acquisition Regulation Supplement; Trade Agreements—New Thresholds (DFARS Case 2007–D023) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: DoD has adopted as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to incorporate increased dollar thresholds for application of the World Trade Organization Government Procurement Agreement and the Free Trade Agreements, as determined by the United States Trade Representative. DATES: Effective Date: August 12, 2008. FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 SUMMARY: PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 Defense Pentagon, Washington, DC 20301–3062. Telephone 703–602–0328; facsimile 703–602–7887. Please cite DFARS Case 2007–D023. SUPPLEMENTARY INFORMATION: A. Background DoD published an interim DFARS rule at 73 FR 4115 on January 24, 2008, to reflect increased dollar thresholds for application of the trade agreements. Every two years, the trade agreement thresholds are escalated according to a pre-determined formula set forth in the agreements. DoD received no comments on the interim rule. Therefore, DoD has adopted the interim 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 trade agreement threshold changes are designed to keep pace with inflation and thus maintain the status quo. C. Paperwork Reduction Act This rule affects the certification and information collection requirements in the provisions at DFARS 252.225–7020 and 252.225–7035, currently approved under Office of Management and Budget Control Number 0704–0229. The impact, however, is negligible. The dollar threshold changes are in line with inflation and maintain the status quo. List of Subjects in 48 CFR Part 225 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Interim Rule Adopted as Final Without Change Accordingly, the interim rule amending 48 CFR part 225, which was published at 73 FR 4115 on January 24, 2008, is adopted as a final rule without change. I [FR Doc. E8–18501 Filed 8–11–08; 8:45 am] BILLING CODE 5001–08–P E:\FR\FM\12AUR1.SGM 12AUR1

Agencies

[Federal Register Volume 73, Number 156 (Tuesday, August 12, 2008)]
[Rules and Regulations]
[Pages 46817-46818]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18510]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 209, 217, and 246

RIN 0750-AF86


Defense Federal Acquisition Regulation Supplement; Ship Critical 
Safety Items (DFARS Case 2007-D016)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

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SUMMARY: DoD has adopted as final, without change, an interim rule 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to implement Section 130 of the National Defense Authorization Act for 
Fiscal Year 2007. Section 130 requires DoD to establish a quality 
control policy for the procurement, modification, repair, and overhaul 
of ship critical safety items.

DATES: Effective Date: August 12, 2008.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Benavides, Defense 
Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 
3062

[[Page 46818]]

Defense Pentagon, Washington, DC 20301-3062. Telephone 703-602-1302; 
facsimile 703-602-7887. Please cite DFARS Case 2007-D016.

SUPPLEMENTARY INFORMATION: 

A. Background

    DoD published an interim rule at 73 FR 1826 on January 10, 2008, to 
implement Section 130 of the National Defense Authorization Act for 
Fiscal Year 2007 (Pub. L. 109-364). Section 130 requires DoD to 
prescribe in regulations a quality control policy for the procurement 
of ship critical safety items and the modification, repair, and 
overhaul of those items. The interim rule amended DFARS 209.270-1 
through 209.270-4 and related text to address quality control of ship 
critical safety items.
    DoD received one comment on the interim rule. The respondent stated 
that DoD contracting personnel have misinterpreted the term 
``certificate of conformance,'' as used in DFARS 246.504 with regard to 
limitation on its use, to mean a manufacturer's certificate that its 
products conform to quality requirements. This misinterpretation has 
led buying office quality representatives to take a position that 
products presented for inspection at source, or ``origin,'' are not 
acceptable if presented with a corresponding manufacturer's certificate 
of conformance (to its quality requirements). The intent of the DFARS 
term is to refer to approval given under the clause at FAR 52.246-15, 
Certificate of Conformance, which enables a DoD quality assurance 
specialist to allow a contractor to ship items without inspection under 
certain circumstances. Therefore, the respondent recommended that DFARS 
246.504 be clarified by adding a reference to the clause at FAR 52.246-
15.
    DoD does not believe the clarification is necessary. The text at 
DFARS 246.504 must be read in conjunction with the corresponding text 
at FAR 46.504, which specifies the appropriate conditions for use of a 
certificate of conformance and includes a reference to the prescription 
for the clause at FAR 52.246-15. Therefore, DoD has adopted the interim 
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 primarily relates to internal DoD responsibilities for 
ensuring quality control of ship critical safety items. In addition, 
the Navy already has implemented stringent quality control programs 
with regard to ship critical safety items.

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 209, 217, and 246

    Government procurement.

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

Interim Rule Adopted as Final Without Change

    Accordingly, the interim rule amending 48 CFR parts 209, 217, and 
246, which was published at 73 FR 1826 on January 10, 2008, is adopted 
as a final rule without change.

 [FR Doc. E8-18510 Filed 8-11-08; 8:45 am]
BILLING CODE 5001-08-P