Defense Federal Acquisition Regulation Supplement (DFARS), Alternative Line-Item Structure (DFARS Case 2010-D017), 21847-21849 [2011-8966]
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Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 / Proposed Rules
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile Organic
Compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 12, 2011.
Carol Rushin,
Acting Regional Administrator, Region 8.
[FR Doc. 2011–9451 Filed 4–18–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 204, 212, and 252
RIN 0750–AH02
Defense Federal Acquisition
Regulation Supplement (DFARS),
Alternative Line-Item Structure (DFARS
Case 2010–D017)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule.
AGENCY:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
establish a standard procedure for
offerors to propose an alternative lineitem structure that reflects the offeror’s
business practices for selling and billing
commercial items and initial
provisioning spares for weapon systems.
A new solicitation provision is provided
to facilitate offerors’ ability to propose
such changes to the solicitation
structure in their offer.
DATES: Comments on this proposed rule
should be submitted in writing to the
address shown below on or before June
20, 2011, to be considered in the
formation of the final rule.
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
SUMMARY:
VerDate Mar<15>2010
13:54 Apr 18, 2011
Jkt 223001
Submit comments
identified by DFARS Case 2010–D017,
using any of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
inputting ‘‘DFARS Case 2010–D017’’
under the heading ‘‘Enter keyword or
ID’’ and selecting ‘‘Search.’’ Select the
link ‘‘Submit a Comment’’ that
corresponds with ‘‘DFARS Case 2010–
D017.’’ Follow the instructions provided
at the ‘‘Submit a Comment’’ screen.
Please include your name, company
name (if any), and ‘‘DFARS Case 2010–
D017’’ on your attached document.
Follow the instructions for submitting
comments.
• E-mail: dfars@osd.mil. Include
DFARS Case 2010–D017 in the subject
line of the message.
• Fax: 703–602–0350.
• Mail: Defense Acquisition
Regulations System, Attn: Mr. Julian
Thrash, OUSD (AT&L) DPAP/DARS,
Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided. To
confirm receipt of your comment(s),
please check https://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: Mr.
Julian Thrash, 703–602–0310.
ADDRESSES:
I. Background
DoD is proposing to add new DFARS
language that provides offerors the
opportunity to propose an alternative
line-item structure in solicitations for
commercial items and initial
provisioning spares. This proposed
DFARS change will allow offerors to
provide information about their
products that may not have been known
to the Government prior to issuance of
the solicitation.
DoD identified the need to propose an
alternative line-item structure during
process reviews and working group
sessions that assessed destinationacceptance procedures. The process
reviews performed by DoD cross-service
working groups, which were chartered
by the Defense Finance and Accounting
System, examined issues causing
problems in the receipt and acceptance
phase for contract deliverables and
payments.
This group determined that the level
of detail in the requirements description
and line-item structure is not always
sufficient for delivery, payment, and
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21847
subsequent inventory management of
the items delivered. For example, the
contract line item may be for a desktop
computer, but the actual items
delivered, invoiced, and inventoried
may reflect a separate monitor,
keyboard, and central processing unit.
The resultant misalignment of
transaction detail (i.e., contract line
item, invoiced unit, delivery and
inventory unit) is the cause of failures
in the electronic processes of the DoD’s
business enterprise requiring manual
intervention with potential delays in
contractor payment.
To address this recurring problem,
this rule is establishing and
standardizing a process to enable
offerors to propose changes in their offer
to the solicitation’s line-item structure.
Establishing such a process is a first step
towards managing variation in these
transactions by eliminating or reducing
manual intervention.
II. Proposed DFARS Changes
DoD is proposing to revise the DFARS
by adding—
—Paragraph (g) at 204.7103–1, Criteria
for establishing;
—A provision prescription at
204.7109(b);
—Reference to the new provision at
212.301 Solicitation provisions and
contract clauses for the acquisition of
commercial items; and
—A provision at 252.204–70XX,
Alternative Line-Item Structure.
Although DoD believes the authority
to use an alternative line-item structure
currently exists within the Federal
Acquisition Regulation (FAR), offerors
may not be aware of, or be reluctant to
use, this authority to propose an
alternative line-item structure. For
example—
—FAR 15.203(a)(2) permits the
contracting officer to authorize
offerors to propose alternative terms,
conditions, and contract line-item
number structure.
—FAR 12.213, Other Commercial
Practices, encourages the contracting
officer to consider other commercial
practices for incorporation into the
solicitation and contract, if
appropriate. FAR 52.212–1(e),
Instructions to Offerors—Commercial
Items, Multiple Offers, encourages
offerors to submit multiple offers
presenting alternative terms and
conditions for commercial items for
satisfying the requirements of the
solicitation.
Notwithstanding the above, offerors
may not understand that they have this
latitude as they are not proposing
alternate line-item structure to reflect
E:\FR\FM\19APP1.SGM
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21848
Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 / Proposed Rules
their business practices. DoD expects
that formalizing the ability to propose
an alternative line-item structure in a
standard DFARS provision for
commercial items and initial
provisioning spares for weapon systems
will prevent contract administration and
payment problems. Therefore, DoD
welcomes public comment on this
subject.
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
III. Executive Order 12866 and
Executive Order 13563
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This is not
a significant regulatory action and,
therefore, was not subject to review
under Section 6(b) of Executive Order
12866, Regulatory Planning and Review,
dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
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 any
additional requirements on small
businesses. Further, this change does
not add to, or delete from existing
requirements or authorities for entities
to include alternative line-item
structures in their offers. This rule is
formalizing a process to facilitate
offerors’ ability to request changes to the
line-item structure. Therefore, DoD has
not performed an initial regulatory
flexibility analysis. DoD invites
comments from small businesses 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–D017), in
correspondence.
V. Paperwork Reduction Act
The rule does not impose any new
information collection requirements that
require the approval of the Office of
Management and Budget under the
VerDate Mar<15>2010
13:54 Apr 18, 2011
Jkt 223001
Paperwork Reduction Act (44 U.S.C.
chapter 35).
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
List of Subjects in 48 CFR Parts 204,
212, and 252
4. Amend section 212.301 by revising
paragraph (f)(iv) to read as follows:
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations
System.
Therefore, DoD proposes to amend 48
CFR parts 204, 212, and 252 as follows:
1. The authority citation for 48 CFR
parts 204, 212, and 252 continue to read
as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 204—ADMINISTRATIVE
MATTERS
2. Amend Section 204.7103–1 by
adding paragraph (g) to read as follows:
204.7103–1
Criteria for establishing.
*
*
*
*
*
(g) Certain commercial items and
initial provisioning spares for weapons
systems are requested and subsequently
solicited using units of measure such as
kit, set, or lot. However, there are times
when individual items within that kit,
set, or lot are not grouped and delivered
in a single shipment. This creates
potential contract administration issues
with inspection, acceptance, and
payment. In such cases, solicitations
should be structured to allow offerors to
provide information about products that
may not have been known to the
Government prior to solicitation and
propose an alternate line-item structure
as long as the alternate is consistent
with the requirements of DFARS 204.71,
which provides explicit guidance on the
use of contract line items and subline
items, and PGI 204.71.
3. Revise section 204.7109 to read as
follows:
204.7109
Contract clauses.
(a) Use the clause at 252.204–7006,
Billing Instructions, in solicitations and
contracts if Section G includes—
(1) Any of the standard payment
instructions at PGI 204.7108(d)(1)
through (6); or
(2) Other payment instructions, in
accordance with PGI 204.7108(d)(12),
that require contractor identification of
the contract line item(s) on the payment
request.
(b) Use the provision at 252.204–
70XX, Alternative Line-Item Structure,
in solicitations for commercial items
and initial provisioning spares.
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Frm 00036
Fmt 4702
Sfmt 4702
212.301 Solicitation provisions and
contract clauses for the acquisition of
commercial items.
(f) * * *
(iv) Use provisions and clauses
prescribed elsewhere in DFARS as
follows:
(A) Use the provision at 252.204–
70XX, Alternative Line Item Structure,
as prescribed in 204.7109(b).
(B) Use the provision at 252.209–
7001, Disclosure of Ownership or
Control by the Government of a
Terrorist Country, as prescribed in
209.104–70(a).
(C) Use the clause at 252.211–7003,
Item Identification and Valuation, as
prescribed in 211.274–4.
(D) Use the clause at 252.211–7006,
Radio Frequency Identification, as
prescribed in 211.275–3.
(E) Use the provision at 252.225–
7010, Commercial Derivative Military
Article—Specialty Metals Compliance
Certificate, as prescribed in 225.7003–
5(b).
(F) Use the clause at 252.225–7040,
Contractor Personnel Authorized to
Accompany U.S. Armed Forces
Deployed Outside the United States, as
prescribed in 225.7402–4.
(G) Use the clause at 252.225–7043,
Antiterrorism/Force Protection Policy
for Defense Contractors Outside the
United States, in solicitations and
contracts that include the clause at
252.225–7040.
(H) Use the clause at 252.232–7009,
Mandatory Payment by
Governmentwide Commercial Purchase
Card, as prescribed in 232.1110.
(I) Use the clause at 252.232–7010,
Levies on Contract Payments, as
prescribed in 232.7102.
(J) Use the clause at 252.232–7011,
Payments in Support of Emergencies
and Contingency Operations, as
prescribed in 232.908.
(K) Use the clause at 252.246–7003,
Notification of Potential Safety Issues,
as prescribed in 246.371.
(L) Use the provision at 252.247–
7026, Evaluation Preference for Use of
Domestic Shipyards—Applicable to
Acquisition of Carriage by Vessel for
DoD Cargo in the Coastwise or
Noncontiguous Trade, as prescribed in
247.574(e).
(M) Use the clause at 252.247–7027,
Riding Gang Member Requirements, as
prescribed in 247.574(f).
*
*
*
*
*
E:\FR\FM\19APP1.SGM
19APP1
Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 / Proposed Rules
ALTERNATIVE LINE-ITEM
STRUCTURE (DATE)
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
(a) Line items are the basic structural
elements in a solicitation or contract that
provide for the organization of contract
requirements to facilitate pricing, delivery,
inspection, acceptance and payment. Line
items are organized into contract line items,
subline items, and exhibit line items.
Separate line items should be established to
account for separate pricing, identification
(see DFARS 211.274), deliveries, or funding.
The Government recognizes that the line item
structure in this solicitation may not conform
to every offeror’s practices. Failure to correct
5. Add section 252.204–70XX to read
as follows:
252.204–70XX
Structure.
Alternative Line-Item
As prescribed in 204.7109(b), insert
the following provision:
Item No.
Supplies/service
0001 .............
21849
these issues can result in difficulties in
accounting for deliveries and processing
payments. Therefore, offerors are invited to
propose an alternative line item structure for
items on which bids, proposals, or quotes are
requested in this solicitation to ensure that
the resulting contract structure is
economically and administratively
advantageous to the Government and the
Contractor.
(b) If an alternative line-item structure is
proposed, the structure must be consistent
with DFARS 204.71 and PGI 204.71. A
sample line-item structure and a proposed
alternative structure are as follows:
Solicitation
Quantity
Computer, Desktop with CPU, Monitor, Keyboard and Mouse .......................
20
Unit
Unit price
Amount
EA ...
....................
....................
Unit
Unit price
Amount
EA ...
EA ...
....................
....................
....................
....................
Alternative line-item structure offer where
monitors are shipped separately.
Item
No.
Supplies/service
0001
0002
Computer, Desktop with CPU, Keyboard and Mouse ..................................................
Monitor ..........................................................................................................................
(End of provision)]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 213
RIN 0750–AH07
Defense Federal Acquisition
Regulation Supplement; Ships
Bunkers Easy Acquisition (SEA) Card®
and Aircraft Ground Services (DFARS
Case 2009–D019)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule.
AGENCY:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
allow the use of U.S. Government fuel
cards in lieu of a Purchase OrderInvoice-Voucher for fuel, oil, and
refueling-related items for purchases not
exceeding the simplified acquisition
threshold.
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
SUMMARY:
Comments on the proposed rule
should be submitted in writing to the
address shown below on or before June
20, 2011, to be considered in the
formation of the final rule.
DATES:
13:54 Apr 18, 2011
You may submit comments,
identified by DFARS Case 2009–D019,
using any of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
inputting ‘‘DFARS Case 2009–D019’’
under the heading ‘‘Enter keyword or
ID’’ and selecting ‘‘Search.’’ Select the
link ‘‘Submit a Comment’’ that
corresponds with ‘‘DFARS Case 2009–
D019.’’ Follow the instructions provided
at the ‘‘Submit a Comment’’ screen.
Please include your name, company
name (if any), and ‘‘DFARS Case 2009–
D019’’ on your attached document.
Follow the instructions for submitting
comments.
E-mail: dfars@osd.mil. Include
DFARS Case 2009–D019 in the subject
line of the message.
Fax: 703–602–0350.
Mail: Defense Acquisition Regulations
System, Attn: Mr. Dustin Pitsch, OUSD
(AT&L) DPAP/DARS, Room 3B855,
3060 Defense Pentagon, Washington, DC
20301–3060.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided. To
confirm receipt of your comment(s),
please check https://www.regulations.gov
approximately two to three days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
ADDRESSES:
[FR Doc. 2011–8966 Filed 4–18–11; 8:45 am]
VerDate Mar<15>2010
Quantity
Jkt 223001
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20
20
Mr.
Dustin Pitsch, Telephone: 703–602–
1014.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Background
The military services and the U.S.
Coast Guard have small vessels that
must procure fuel away from their home
stations. Due to their smaller size and
unique mission requirements, these
vessels are unable to use the Defense
Energy Support Center (DESC) bunkers
contracts at major seaports. Previously,
DFARS 213.306(a)(1)(A) authorized only
the use of the Aviation Into-plane
Reimbursement (AIR) Card® up to the
simplified acquisition threshold
specifically for aviation fuel and oil.
Refueling stops often include other
ground refueling-related services that
exceed the micro-purchase threshold.
Due to port restrictions on vessel
movements, bunkering merchants do
not typically provide support to smaller
vessels. These smaller vessels frequent
‘‘marina-type merchants.’’ These small
vessels fulfill valid mission needs in
direct support of national security.
Unlike larger vessels with more
predictable movements, small vessels’
needs are often unpredictable and farreaching geographically.
DoD proposes to add language at
DFARS section 213.306(a)(1)(A) to
include purchases of marine fuel, oil,
and refueling-related items using the
Ships Bunkers Easy Acquisition (SEA)
E:\FR\FM\19APP1.SGM
19APP1
]]>Agencies
[Federal Register Volume 76, Number 75 (Tuesday, April 19, 2011)]
[Proposed Rules]
[Pages 21847-21849]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-8966]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 204, 212, and 252
RIN 0750-AH02
Defense Federal Acquisition Regulation Supplement (DFARS),
Alternative Line-Item Structure (DFARS Case 2010-D017)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to establish a standard procedure for
offerors to propose an alternative line-item structure that reflects
the offeror's business practices for selling and billing commercial
items and initial provisioning spares for weapon systems. A new
solicitation provision is provided to facilitate offerors' ability to
propose such changes to the solicitation structure in their offer.
DATES: Comments on this proposed rule should be submitted in writing to
the address shown below on or before June 20, 2011, to be considered in
the formation of the final rule.
ADDRESSES: Submit comments identified by DFARS Case 2010-D017, using
any of the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by inputting ``DFARS Case
2010-D017'' under the heading ``Enter keyword or ID'' and selecting
``Search.'' Select the link ``Submit a Comment'' that corresponds with
``DFARS Case 2010-D017.'' Follow the instructions provided at the
``Submit a Comment'' screen. Please include your name, company name (if
any), and ``DFARS Case 2010-D017'' on your attached document. Follow
the instructions for submitting comments.
E-mail: dfars@osd.mil. Include DFARS Case 2010-D017 in the
subject line of the message.
Fax: 703-602-0350.
Mail: Defense Acquisition Regulations System, Attn: Mr.
Julian Thrash, OUSD (AT&L) DPAP/DARS, Room 3B855, 3060 Defense
Pentagon, Washington, DC 20301-3060.
Comments received generally will be posted without change to https://www.regulations.gov, including any personal information provided. To
confirm receipt of your comment(s), please check https://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: Mr. Julian Thrash, 703-602-0310.
I. Background
DoD is proposing to add new DFARS language that provides offerors
the opportunity to propose an alternative line-item structure in
solicitations for commercial items and initial provisioning spares.
This proposed DFARS change will allow offerors to provide information
about their products that may not have been known to the Government
prior to issuance of the solicitation.
DoD identified the need to propose an alternative line-item
structure during process reviews and working group sessions that
assessed destination-acceptance procedures. The process reviews
performed by DoD cross-service working groups, which were chartered by
the Defense Finance and Accounting System, examined issues causing
problems in the receipt and acceptance phase for contract deliverables
and payments.
This group determined that the level of detail in the requirements
description and line-item structure is not always sufficient for
delivery, payment, and subsequent inventory management of the items
delivered. For example, the contract line item may be for a desktop
computer, but the actual items delivered, invoiced, and inventoried may
reflect a separate monitor, keyboard, and central processing unit. The
resultant misalignment of transaction detail (i.e., contract line item,
invoiced unit, delivery and inventory unit) is the cause of failures in
the electronic processes of the DoD's business enterprise requiring
manual intervention with potential delays in contractor payment.
To address this recurring problem, this rule is establishing and
standardizing a process to enable offerors to propose changes in their
offer to the solicitation's line-item structure. Establishing such a
process is a first step towards managing variation in these
transactions by eliminating or reducing manual intervention.
II. Proposed DFARS Changes
DoD is proposing to revise the DFARS by adding--
--Paragraph (g) at 204.7103-1, Criteria for establishing;
--A provision prescription at 204.7109(b);
--Reference to the new provision at 212.301 Solicitation provisions and
contract clauses for the acquisition of commercial items; and
--A provision at 252.204-70XX, Alternative Line-Item Structure.
Although DoD believes the authority to use an alternative line-item
structure currently exists within the Federal Acquisition Regulation
(FAR), offerors may not be aware of, or be reluctant to use, this
authority to propose an alternative line-item structure. For example--
--FAR 15.203(a)(2) permits the contracting officer to authorize
offerors to propose alternative terms, conditions, and contract line-
item number structure.
--FAR 12.213, Other Commercial Practices, encourages the contracting
officer to consider other commercial practices for incorporation into
the solicitation and contract, if appropriate. FAR 52.212-1(e),
Instructions to Offerors--Commercial Items, Multiple Offers, encourages
offerors to submit multiple offers presenting alternative terms and
conditions for commercial items for satisfying the requirements of the
solicitation.
Notwithstanding the above, offerors may not understand that they
have this latitude as they are not proposing alternate line-item
structure to reflect
[[Page 21848]]
their business practices. DoD expects that formalizing the ability to
propose an alternative line-item structure in a standard DFARS
provision for commercial items and initial provisioning spares for
weapon systems will prevent contract administration and payment
problems. Therefore, DoD welcomes public comment on this subject.
III. Executive Order 12866 and Executive Order 13563
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This is not a significant regulatory action and,
therefore, was not subject to review under Section 6(b) of Executive
Order 12866, Regulatory Planning and Review, dated September 30, 1993.
This rule is not a major rule under 5 U.S.C. 804.
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 any additional requirements on small businesses.
Further, this change does not add to, or delete from existing
requirements or authorities for entities to include alternative line-
item structures in their offers. This rule is formalizing a process to
facilitate offerors' ability to request changes to the line-item
structure. Therefore, DoD has not performed an initial regulatory
flexibility analysis. DoD invites comments from small businesses 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-D017), in
correspondence.
V. Paperwork Reduction Act
The rule does not impose any new 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 204, 212, and 252
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR parts 204, 212, and 252 as
follows:
1. The authority citation for 48 CFR parts 204, 212, and 252
continue to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 204--ADMINISTRATIVE MATTERS
2. Amend Section 204.7103-1 by adding paragraph (g) to read as
follows:
204.7103-1 Criteria for establishing.
* * * * *
(g) Certain commercial items and initial provisioning spares for
weapons systems are requested and subsequently solicited using units of
measure such as kit, set, or lot. However, there are times when
individual items within that kit, set, or lot are not grouped and
delivered in a single shipment. This creates potential contract
administration issues with inspection, acceptance, and payment. In such
cases, solicitations should be structured to allow offerors to provide
information about products that may not have been known to the
Government prior to solicitation and propose an alternate line-item
structure as long as the alternate is consistent with the requirements
of DFARS 204.71, which provides explicit guidance on the use of
contract line items and subline items, and PGI 204.71.
3. Revise section 204.7109 to read as follows:
204.7109 Contract clauses.
(a) Use the clause at 252.204-7006, Billing Instructions, in
solicitations and contracts if Section G includes--
(1) Any of the standard payment instructions at PGI 204.7108(d)(1)
through (6); or
(2) Other payment instructions, in accordance with PGI
204.7108(d)(12), that require contractor identification of the contract
line item(s) on the payment request.
(b) Use the provision at 252.204-70XX, Alternative Line-Item
Structure, in solicitations for commercial items and initial
provisioning spares.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
4. Amend section 212.301 by revising paragraph (f)(iv) to read as
follows:
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
(f) * * *
(iv) Use provisions and clauses prescribed elsewhere in DFARS as
follows:
(A) Use the provision at 252.204-70XX, Alternative Line Item
Structure, as prescribed in 204.7109(b).
(B) Use the provision at 252.209-7001, Disclosure of Ownership or
Control by the Government of a Terrorist Country, as prescribed in
209.104-70(a).
(C) Use the clause at 252.211-7003, Item Identification and
Valuation, as prescribed in 211.274-4.
(D) Use the clause at 252.211-7006, Radio Frequency Identification,
as prescribed in 211.275-3.
(E) Use the provision at 252.225-7010, Commercial Derivative
Military Article--Specialty Metals Compliance Certificate, as
prescribed in 225.7003-5(b).
(F) Use the clause at 252.225-7040, Contractor Personnel Authorized
to Accompany U.S. Armed Forces Deployed Outside the United States, as
prescribed in 225.7402-4.
(G) Use the clause at 252.225-7043, Antiterrorism/Force Protection
Policy for Defense Contractors Outside the United States, in
solicitations and contracts that include the clause at 252.225-7040.
(H) Use the clause at 252.232-7009, Mandatory Payment by
Governmentwide Commercial Purchase Card, as prescribed in 232.1110.
(I) Use the clause at 252.232-7010, Levies on Contract Payments, as
prescribed in 232.7102.
(J) Use the clause at 252.232-7011, Payments in Support of
Emergencies and Contingency Operations, as prescribed in 232.908.
(K) Use the clause at 252.246-7003, Notification of Potential
Safety Issues, as prescribed in 246.371.
(L) Use the provision at 252.247-7026, Evaluation Preference for
Use of Domestic Shipyards--Applicable to Acquisition of Carriage by
Vessel for DoD Cargo in the Coastwise or Noncontiguous Trade, as
prescribed in 247.574(e).
(M) Use the clause at 252.247-7027, Riding Gang Member
Requirements, as prescribed in 247.574(f).
* * * * *
[[Page 21849]]
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
5. Add section 252.204-70XX to read as follows:
252.204-70XX Alternative Line-Item Structure.
As prescribed in 204.7109(b), insert the following provision:
ALTERNATIVE LINE-ITEM STRUCTURE (DATE)
(a) Line items are the basic structural elements in a
solicitation or contract that provide for the organization of
contract requirements to facilitate pricing, delivery, inspection,
acceptance and payment. Line items are organized into contract line
items, subline items, and exhibit line items. Separate line items
should be established to account for separate pricing,
identification (see DFARS 211.274), deliveries, or funding. The
Government recognizes that the line item structure in this
solicitation may not conform to every offeror's practices. Failure
to correct these issues can result in difficulties in accounting for
deliveries and processing payments. Therefore, offerors are invited
to propose an alternative line item structure for items on which
bids, proposals, or quotes are requested in this solicitation to
ensure that the resulting contract structure is economically and
administratively advantageous to the Government and the Contractor.
(b) If an alternative line-item structure is proposed, the
structure must be consistent with DFARS 204.71 and PGI 204.71. A
sample line-item structure and a proposed alternative structure are
as follows:
Solicitation
----------------------------------------------------------------------------------------------------------------
Item No. Supplies/service Quantity Unit Unit price Amount
----------------------------------------------------------------------------------------------------------------
0001..................... Computer, Desktop with CPU, 20 EA............. ........... ...........
Monitor, Keyboard and Mouse.
----------------------------------------------------------------------------------------------------------------
Alternative line-item structure offer where monitors are shipped
separately.
----------------------------------------------------------------------------------------------------------------
Item No. Supplies/service Quantity Unit Unit price Amount
----------------------------------------------------------------------------------------------------------------
0001............... Computer, Desktop with CPU, 20 EA................ ........... ...........
Keyboard and Mouse.
0002............... Monitor......................... 20 EA................ ........... ...........
----------------------------------------------------------------------------------------------------------------
(End of provision)]
[FR Doc. 2011-8966 Filed 4-18-11; 8:45 am]
BILLING CODE 5001-08-P
