Defense Federal Acquisition Regulation Supplement (DFARS); Alternative Line Item Structure (DFARS Case 2010-D017), 58138-58140 [2011-23953]
Download as PDF
58138
Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.203–7000
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
[Amended]
11. Amend section 252.203–7000 by—
■ (a) Removing the clause date of ‘‘(JAN
2009)’’ and adding in its place ‘‘(SEP
2011)’’;
■ (b) In paragraph (a)(2)(i) introductory
text, removing ‘‘403(16)’’ and adding in
its place ‘‘131’’; and
■ (c) In paragraph (c), removing
‘‘423(e)(3)’’ and adding in its place
‘‘2105(c)’’.
■
252.212–7001
[Amended]
[Amended]
13. Amend section 252.219–7003 by—
■ (a) Removing the clause date of ‘‘(OCT
2010)’’ and adding in its place ‘‘(SEP
2011)’’; and
■ (b) In paragraph (d), removing ‘‘46–
48’’ and adding in its place ‘‘8502–
8504’’.
■
252.225–7001
[Amended]
14. Amend section 252.225–7001 by—
(a) Removing the clause date of ‘‘(JAN
2009)’’ and adding in its place ‘‘(SEP
2011)’’;
■ (b) In paragraph (b), removing
‘‘Section 10a-d’’ and adding in its place
‘‘chapter 83’’; and
■ (c) In paragraph (b) removing ‘‘431’’
and adding in its place ‘‘1907’’.
■
■
252.227–7037
[Amended]
15. Amend section 252.227–7037 by—
■ (a) Removing the clause date ‘‘(SEP
1999)’’ and adding in its place ‘‘(SEP
2011)’’; and
■ (b) In paragraph (e)(3), removing ‘‘601,
et seq.’’ and adding in its place ‘‘7101’’.
sroberts on DSK5SPTVN1PROD with RULES
■
APPENDIX I TO CHAPTER 2—
[Amended]
16. Amend section I–101.4 by
removing ‘‘46’’ and adding in its place
‘‘8502’’.
■
[FR Doc. 2011–23951 Filed 9–19–11; 8:45 am]
BILLING CODE ;P
VerDate Mar<15>2010
16:50 Sep 19, 2011
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: Final rule.
AGENCY:
DoD is issuing a final rule
amending 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
DATES: Effective Date: September 20,
2011.
SUMMARY:
12. Amend section 252.212–7001 by—
■ (a) Removing the clause date of ‘‘(AUG
2011)’’ and adding in its place ‘‘(SEP
2011)’’; and
■ (b) In paragraph (b)(2) removing
‘‘Section’’ and adding in its place
‘‘section’’;
■ (c) In paragraph (b)(2) removing the
word ‘‘note’’.
■
252.219–7003
48 CFR Parts 204, 212, and 252
Jkt 223001
FOR FURTHER INFORMATION CONTACT:
Mr.
Julian E. Thrash, 703–602–0310.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the
Federal Register at 76 FR 21847 on
April 19, 2011, to add DFARS language
that provides offerors the opportunity to
propose an alternative line item
structure in solicitations for commercial
items and initial provisioning spares.
This 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. No public comments
were received regarding the proposed
rule.
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
subsequent inventory management of
the items delivered. For example, the
contract line item may be for a desktop
PO 00000
Frm 00050
Fmt 4700
Sfmt 4700
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 establishes and standardizes 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. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 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). E.O. 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
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
III. 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 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.
IV. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
E:\FR\FM\20SER1.SGM
20SER1
Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations
List of Subjects in 48 CFR Parts 204,
212, and 252
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations
System.
(b) Use the provision at 252.204–7011,
Alternative Line Item Structure, in
solicitations for commercial items and
initial provisioning spares.
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
Therefore, 48 CFR parts 204, 212, and
252 are amended as follows:
■ 1. The authority citation for 48 CFR
parts 204, 212, and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 204—ADMINISTRATIVE
MATTERS
2. Amend section 204.7103 by adding
a new 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 204.71, which
provides explicit guidance on the use of
contract line items and subline items,
and with PGI 204.71.
■ 3. Revise section 204.7109 to read as
follows:
204.7109 Solicitation provision and
contract clause.
sroberts on DSK5SPTVN1PROD with RULES
(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.
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 the provisions and clauses
prescribed elsewhere in DFARS as
follows:
(A) Use the provision at 252.204–
7011, 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).
*
*
*
*
*
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
5. Add section 252.204–7011 to read
as follows:
■
252.204–7011
Structure.
ALTERNATIVE LINE-ITEM STRUCTURE
(SEP 2011)
(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 section 211.274 of the Defense Federal
Acquisition Regulation Supplement),
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 subpart 204.71 of the Defense Federal
Acquisition Regulation Supplement and PGI
204.71. A sample solicitation line-item
structure and a corresponding offer of a
proposed alternative line-item structure
follow.
Solicitation:
Supplies/Service
Quantity
0001 .........................................
Computer, Desktop with CPU, Monitor, Keyboard and Mouse
20
Alternative line-item structure offer where
monitors are shipped separately:
16:50 Sep 19, 2011
Jkt 223001
PO 00000
Frm 00051
Fmt 4700
Sfmt 4700
Alternative Line Item
As prescribed in 204.7109(b), insert
the following provision:
Item No.
VerDate Mar<15>2010
58139
E:\FR\FM\20SER1.SGM
20SER1
Unit
price
Unit
EA
...........
Amount
58140
Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations
Item No.
Supplies/Service
Quantity
0001 .........................................
0002 .........................................
Computer, Desktop with CPU, Keyboard and Mouse ...............
Monitor .......................................................................................
20
20
(End of provision)
II. Discussion and Analysis
[FR Doc. 2011–23953 Filed 9–19–11; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 204 and 252
RIN 0750–AG39
Defense Federal Acquisition
Regulation Supplement; Annual
Representations and Certifications
(DFARS Case 2009–D011)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to conform it to higher-level
changes in the Code of Federal
Regulation relating to annual
representations and certifications.
DATES: Effective date: September 20,
2011.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Mr. Julian Thrash, 703–602–0310.
SUPPLEMENTARY INFORMATION:
sroberts on DSK5SPTVN1PROD with RULES
I. Background
DFARS 204.1202 prescribes use of
DFARS provision 252.204–7007,
Alternate A, Annual Representations
and Certifications, in contracts that also
incorporate Federal Acquisition
Regulation (FAR) provision 52.204–8,
Annual Representations and
Certifications. FAR 52.204–8 was
changed to add a new paragraph (c),
which lists the applicable
representations and certifications in the
Online Representations and
Certifications Application (ORCA). This
FAR change necessitated a similar
modification of DFARS 252.204–7007.
DoD published a proposed rule in the
Federal Register at 75 FR 71646, on
November 24, 2010, to update DFARS
204.1202 and 252.204–7007. The public
comment period closed January 24,
2011. Two respondents submitted
comments on the proposed rule. A
discussion of the comments is provided
below.
VerDate Mar<15>2010
16:50 Sep 19, 2011
Jkt 223001
A. Applicability
Comment: A respondent
recommended DFARS 252.212–7000,
Offeror Representations and
Certifications—Commercial Items, be
retained in the list of representations
and certification at 204.1202(2) that are
not to be included in the solicitation
when using the provision DFARS
252.204–7007, because that provision is
to be used in non-commercial
solicitations only. Another respondent
recommended that DFARS 204.1202(2)
include provisions that are applicable to
solicitations, rather than those not
applicable, similar to FAR 52.204–8.
Response: The first respondent is
correct that DFARS provision 252.212–
7000 is for commercial solicitations
only and will not be included in
solicitations that include DFARS
252.204–7007, because that provision is
used when FAR 52.204–8 is included,
and that FAR provision is not used in
solicitations issued under FAR part 12
for acquisition of commercial items.
However, inclusion of DFARS 252.212–
7000 on the list at DFARS 204.1202(2)
is not appropriate, because the list at
DFARS 204.1202(2) should include only
provisions that are listed in 252.204–
7007, Alternate A, Annual
Representations and Certifications.
Therefore, the final rule does not retain
252.212–7000 on the list at 204.1202(2).
Further, DFARS 204.1202(2)
introductory text was amended to
clarify that the listed provisions will not
be included separately in the
solicitation, because the appropriate
representations and certifications will
be covered by inclusion of DFARS
252.204–7007 in the solicitation.
Comment: A respondent
recommended the representations at
DFARS 252.216–7003 and DFARS
252.239–7011 be retained in the list of
representations and certifications at
DFARS 252.204–7007 because the
Contractor is asked to make a
representation about itself.
Response: DFARS 252.216–7003 will
be retained in the list. DFARS 252.239–
7011, however, will not be included
because the clause requires contractors
to make certain representations during
contract performance concerning
reimbursement of special construction
and equipment costs. According to
DFARS 239.7408–1(a), ‘‘special
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
Unit
Price
Unit
EA
EA
Amount
...........
...........
construction normally involves a
common carrier giving a special service
or facility related to the performance of
the basic telecommunications service
requirements.’’ Since these are costs that
occur during contract performance, the
contractor would not be able to make a
proper representation prior to award.
B. Clarification
Comment: A respondent
recommended modifying the second
sentence of DFARS 252.204.7007(e) by
removing ‘‘as indicated in (d) and (e) of
this provision’’ and adding ‘‘as well as
those in (d) above’’ after ‘‘posted
electronically.’’
Response: When using the alternate at
DFARS 252.204–7007, paragraphs (d)
and (e) replace paragraph (d) of FAR
52.204–8. DFARS 252.204–7007(e)
provides that by submission of an offer,
the offeror verifies that the FAR 52.204–
8(c) representations and certifications
and the DFARS 252.204–7007(d)
representations and certifications are up
to date in ORCA. Accordingly, the
language in paragraph (e) was changed
to include the statement ‘‘as indicated
in FAR 52.204–8(c) and paragraph (d) of
this provision.’’
Comment: A respondent commented
that the second to last line of 252.204–
7007(e) should say ‘‘provision number’’
instead of ‘‘clause number.’’
Response: The term ‘‘clause number’’
was changed to ‘‘provision number’’ in
the second to last line of 252.204–
7007(e) and in the first block of the table
provided.
C. Additional Changes
DFARS 252.209–7001, Disclosure of
Ownership or Control by the
Government of a Terrorist Country,
which was inadvertently omitted from
the listing of provisions, has been added
to 204.1202(2)(i) and 252.204–
7007(d)(1)(i). The Alternates for
252.225–7020, Trade Agreements
Certificate, and 252.225–7035, Buy
American Act-Free Trade AgreementsBalance of Payments Program
Certificate, were added to 252.204–
7007(d)(2)(iii), and (vi), respectively.
Additionally, to further clarify
applicability of the various provisions,
252.204–7007(d) was reformatted into
two sections to separately list the
DFARS provisions that the contracting
officer may individually select if one of
the provisions applies for a particular
E:\FR\FM\20SER1.SGM
20SER1
Agencies
[Federal Register Volume 76, Number 182 (Tuesday, September 20, 2011)]
[Unknown Section]
[Pages 58138-58140]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23953]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule amending 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
DATES: Effective Date: September 20, 2011.
FOR FURTHER INFORMATION CONTACT: Mr. Julian E. Thrash, 703-602-0310.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the Federal Register at 76 FR
21847 on April 19, 2011, to add DFARS language that provides offerors
the opportunity to propose an alternative line item structure in
solicitations for commercial items and initial provisioning spares.
This 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. No public comments were received
regarding the proposed rule.
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 establishes and
standardizes 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. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 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). E.O.
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 E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
III. 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 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.
IV. Paperwork Reduction Act
The rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
[[Page 58139]]
List of Subjects in 48 CFR Parts 204, 212, and 252
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 204, 212, and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 204, 212, and 252 continues
to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 204--ADMINISTRATIVE MATTERS
0
2. Amend section 204.7103 by adding a new 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 204.71, which provides explicit guidance on the use of contract line
items and subline items, and with PGI 204.71.
0
3. Revise section 204.7109 to read as follows:
204.7109 Solicitation provision and contract clause.
(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 252.204-7011, Alternative Line Item
Structure, in solicitations for commercial items and initial
provisioning spares.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
0
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 the provisions and clauses prescribed elsewhere in DFARS
as follows:
(A) Use the provision at 252.204-7011, 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).
* * * * *
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
5. Add section 252.204-7011 to read as follows:
252.204-7011 Alternative Line Item Structure.
As prescribed in 204.7109(b), insert the following provision:
ALTERNATIVE LINE-ITEM STRUCTURE (SEP 2011)
(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 section 211.274 of the Defense Federal
Acquisition Regulation Supplement), 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 subpart 204.71 of the Defense
Federal Acquisition Regulation Supplement and PGI 204.71. A sample
solicitation line-item structure and a corresponding offer of a
proposed alternative line-item structure follow.
Solicitation:
----------------------------------------------------------------------------------------------------------------
Item No. Supplies/Service Quantity Unit Unit price Amount
----------------------------------------------------------------------------------------------------------------
0001............................ Computer, Desktop with 20 EA ............ ...........
CPU, Monitor, Keyboard
and Mouse.
----------------------------------------------------------------------------------------------------------------
Alternative line-item structure offer where monitors are shipped
separately:
[[Page 58140]]
----------------------------------------------------------------------------------------------------------------
Item No. Supplies/Service Quantity Unit Unit Price Amount
----------------------------------------------------------------------------------------------------------------
0001............................ Computer, Desktop with 20 EA ............ ...........
CPU, Keyboard and Mouse.
0002............................ Monitor................. 20 EA ............ ...........
----------------------------------------------------------------------------------------------------------------
(End of provision)
[FR Doc. 2011-23953 Filed 9-19-11; 8:45 am]
BILLING CODE 5001-08-P