Defense Federal Acquisition Regulation Supplement: Clauses With Alternates-Transportation (DFARS Case 2012-D057), 48397-48404 [2013-18972]
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Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Proposed Rules
Area
De Tour
Gros Cap .....................................................................................................................................
Algoma Steel Corporation Wharf at Sault Ste. Marie, Ontario ...................................................
Any point in Sault Ste. Marie, Ontario, except the Algoma Steel Corporation Wharf ................
Sault Ste. Marie, MI .....................................................................................................................
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each set of transportation-related
provisions/clauses with one or more
Service
Lake Superior
alternates. The rule also proposes to add
a separate prescription for the basic
6-hour Period ......................
$601 clause as well as each alternate. In
Docking or Undocking ........
571
addition, the proposed rule would
include the full text of each provision
§ 401.420 [Amended]
and/or clause alternate.
■ 7. Amend § 401.420 as follows:
DATES: Comments on the proposed rule
■ a. In paragraph (a), remove the text
should be submitted in writing to the
‘‘$126’’ and add, in its place, the text
address shown below on or before
‘‘$129’’; and remove the text ‘‘$1,972’’
October 7, 2013, to be considered in the
and add, in its place, the text ‘‘$2,021’’;
formation of a final rule.
■ b. In paragraph (b), remove the text
‘‘$126’’ and add, in its place, the text
ADDRESSES: Submit comments
‘‘$129’’; and remove the text ‘‘$1,972’’
identified by DFARS Case 2012–D057,
and add, in its place, the text ‘‘$2,021’’;
using any of the following methods:
and
Æ Regulations.gov: https://
■ c. In paragraph (c)(1), remove the text
www.regulations.gov. Submit comments
‘‘$744’’ and add, in its place, the text
via the Federal eRulemaking portal by
‘‘$763’’; and in paragraph (c)(3), remove entering ‘‘DFARS Case 2012–D057’’
the text ‘‘$126’’ and add, in its place, the under the heading ‘‘Enter keyword or
text ‘‘$129’’, and remove the text
ID’’ and selecting ‘‘Search.’’ Select the
‘‘$1,972’’ and add, in its place, the text
link ‘‘Submit a Comment’’ that
‘‘$2,021’’.
corresponds with ‘‘DFARS Case 2012–
D057.’’ Follow the instructions provided
§ 401.428 [Amended]
at the ‘‘Submit a Comment’’ screen.
■ 8. In § 401.428, remove the text
Please include your name, company
‘‘$744’’ and add, in its place, the text
name (if any), and ‘‘DFARS Case 2012–
‘‘$763’’.
D057’’ on your attached document.
Dated: July 31, 2013.
Æ Email: dfars@osd.mil. Include
Rajiv Khandpur,
DFARS Case 2012–D057 in the subject
Acting Director, Marine Transportation
line of the message.
Systems Management, U.S. Coast Guard.
Æ Fax: 571–372–6094.
[FR Doc. 2013–19209 Filed 8–7–13; 8:45 am]
Æ Mail: Defense Acquisition
BILLING CODE 9110–04–P
Regulations System, Attn: Ms. Meredith
Murphy, OUSD(AT&L)DPAP/DARS,
Room 3B855, 3060 Defense Pentagon,
DEPARTMENT OF DEFENSE
Washington, DC 20301–3060.
Comments received generally will be
Defense Acquisition Regulations
posted without change to https://
System
www.regulations.gov, including any
personal information provided. To
48 CFR Parts 212, 216, 247, and 252
confirm receipt of your comment(s),
RIN 0750–AH90
please check www.regulations.gov,
approximately two to three days after
Defense Federal Acquisition
submission to verify posting (except
Regulation Supplement: Clauses With
allow 30 days for posting of comments
Alternates—Transportation (DFARS
submitted by mail).
Case 2012–D057)
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(c) Area 8 (Undesignated Waters):
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
create an overarching prescription for
SUMMARY:
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Ms.
Meredith Murphy, Defense Acquisition
Regulations System,
OUSD(AT&L)DPAP/DARS, Room
3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Telephone 571–372–6098; facsimile
571–372–6101.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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I. Background
DoD is proposing to amend the
DFARS to create an overarching
prescription for each set of
transportation-related provisions/
clauses with one or more alternates. The
rule also proposes to add a separate
prescription for the basic clause as well
as each alternate. In addition, the
proposed rule would include the full
text of each provision/clause alternate.
For clarity, the preface of the alternate
will continue to explain what portions
of that alternate are different from the
basic provision/clause.
Separate prescriptions for the basic
and alternates of DFARS provisions and
clauses will facilitate the use of
automated contract writing systems. The
proposed rule will not revise the
prescriptions in any substantive way or
change the applicability of the
provisions/clauses or their alternates.
The inclusion of the full text of each
provision/clause alternate aims to make
the terms of a provision/clause alternate
clearer to offerors and to DoD
contracting officers. The current
convention for alternates is to show
only the changed paragraphs from the
basic provision or clause. This proposed
rule would include the full text of each
provision/clause and each alternate,
which will assist in making solicitation
and contract terms and conditions easier
to read and understand. By placing
alternates in full text, all paragraph
substitutions from the basic provision/
clause will have already been made.
Inapplicable paragraphs from the basic
provision/clause that are superseded by
the alternate will not be included in the
solicitation or contract in order to
prevent confusion.
Although this rule proposes to
include each alternate in full, it retains
the language that precedes the
provision/clause or alternate, which
includes the location of the alternate’s
prescription and a statement that
identifies which paragraphs were
changed from the basic provision/
clause. Further, alternates are proposed
to have individual titles that tie them to
the basic clause, e.g., ‘‘Requirements—
Alternate I’’ in lieu of ‘‘Alternate I.’’
This rule proposes to revise the
naming convention for provisions/
clauses with alternates to indicate that
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there is at least one alternate by revising
the title of the basic clause to read
‘‘Title—Basic.’’ Thus, if adopted as
final, the naming convention will
differentiate at the provision/clause title
whether there are any alternates
associated with that provision/clause.
II. Discussion
This proposed rule addresses only the
solicitation provisions and clauses in
DFARS part 247 that have, or are,
alternates. The remaining prescriptions
in DFARS part 247 are not proposed to
be changed in any way by this proposed
rule.
There are three DFARS
transportation-related provisions/
clauses that would be affected by this
rule, as follows:
• 252.247–7008, Evaluation of Bids,
with one alternate.
• 252.247–7023, Transportation of
Supplies by Sea, with three alternates.
• 252.247–7015, which is an alternate
to FAR 52.216–21.
The clause currently at DFARS
252.247–7015, Requirements, presents a
unique situation. Although it is located
with transportation clauses, it is an
alternate to be used with the basic FAR
clause at 52.216–21, also entitled
‘‘Requirements,’’ and with Alternate III
to the FAR clause. This rule proposes to
create a stand-alone DFARS clause and
one alternate and to relocate them to
DFARS 252.216 because they apply
principally to requirement contracts
rather than transportation. The rule
proposes to create the corresponding
prescriptions at 216.506(d).
The other two clauses addressed in
this proposed rule are proposed to
remain in DFARS 252.247. DFARS
252.247–7008, Evaluation of Bids, and
its Alternate I are prescribed at DFARS
247.271–3(a). The introductory text in
DFARS 247.271–3 provides the
overarching prescription for 15
provisions/clauses. This rule proposes
to revise paragraph (a) of DFARS
247.271–3 to provide the prescriptions
for DFARS 252.247–7008, Evaluation of
Bids. ‘‘Alternate I’’ to DFARS 252.247–
7008 would be prescribed to apply
when adding ‘‘additional services’’
items to the schedule. The text of the
current DFARS 252.247–7008 Alternate
I would no longer consist solely of
paragraph (e); it would be renamed
252.247–7008, Evaluation of Bids—
Alternate I, and its text would include
the entire text of DFARS 252.247–7008
with the addition of paragraph (e).
The clause at DFARS 252.247–7023,
Transportation of Supplies by Sea,
currently has three alternates and is
prescribed at DFARS 247.574(b). The
rule proposes to add a prescription for
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the basic clause at DFARS 247.574(b)(1).
The rule also proposes to eliminate
Alternate III, because it proposes to
revise the basic clause and Alternates I
and II to add the phrase ‘‘If this contract
exceeds the simplified acquisition
threshold’’ as a condition precedent to
the applicability of paragraphs (f) and
(g). This change would eliminate the
need for Alternate III, which applies
only when the anticipated value of the
procurement is at or below the
simplified acquisition threshold.
III. 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.
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 it merely revises the format, not
the substance, of prescriptions for
provisions and clauses with alternates,
as well as includes the full text of each
provision or clause in each alternate.
However, an initial regulatory
flexibility analysis has been performed
and is summarized as follows:
The purpose of this case is to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
create an overarching prescription for
each set of provisions/clauses with one
or more alternates. The overarching
prescription is intended to include the
common requirements for the use of that
provision/clause set.
The use of automated contract writing
systems will be facilitated by revising
the prescription format for DFARS
provisions/clauses that have one or
more alternates. This rule proposes to
revise the prescription format so that
there is an overarching prescription that
covers the elements that the basic
provision/clause and all its alternates
have in common. Then, there will be a
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separate prescription for use of the basic
prescription/clause and each alternate.
In addition, each alternate provision/
clause will be presented in total, not just
the paragraph or section that is different
from the basic provision/clause. This
will make the terms of a provision or
clause alternate clearer to offerors, as
well as to DoD contracting officers,
because all paragraph substitutions will
have already been made. Inapplicable
paragraphs from the basic provision/
clause that are superseded by the
alternate will not be included in the
solicitation or contract to prevent
confusion.
Potential offerors, including small
businesses, initially may be affected by
this rule by seeing an unfamiliar format
for provision/clause alternates in
solicitations and contracts issued by
DoD contracting activities. An average
of 12,618,521 new contracts was
awarded in Fiscal Years 2011 and 2012,
and an average of 1,557,852 of these
actions (12.35%) was awarded to small
businesses. It is unknown how many of
these contracts were awarded that
included an alternate to a DFARS
provision or clause. Nothing substantive
will change in solicitations or contracts
for potential offerors, and only the
appearance of how provision/clause
alternates are presented in solicitations
and contracts will be changed. This rule
may result in potential offerors,
including small businesses, expending
more time to become familiar with and
to understand the new format of
provision/clause alternates in full text
contained in contracts issued by any
DoD contracting activity. The rule also
anticipates saving contractors time by
making all paragraph substitutions from
the basic clause, and by not requiring
offerors to read inapplicable paragraphs
contained in the basic provisions/
clauses where alternates are also
included in the solicitations and
contracts. The overall burden caused by
this rule is expected to be negligible and
will not be any greater on small
businesses than it is on large businesses.
This rule does not add any new
information collection requirements.
The rule does not duplicate, overlap, or
conflict with any other Federal rules. No
alternatives were determined that will
accomplish the objectives of the rule.
DoD invites comments from small
business concerns 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
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U.S.C. 610 (DFARS Case 2012–D057), in
correspondence.
V. 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).
PART 247—TRANSPORTATION
List of Subjects in 48 CFR Parts 212,
216, 247, and 252
4. Revise section 247.271–3 to read as
follows:
■
Government procurement.
247.271–3 Solicitation provisions,
schedule formats, and contract clauses.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CRF parts 212, 216, 247,
and 252 are proposed to be amended as
follows:
■ 1. The authority citation for parts 212,
216, 247, and 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
Chapter 1.
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
2. Section 212.301 is amended by
revising paragraph (f)(lvii) to read as
follows:
■
212.301 Solicitation provisions and
contract clauses for the acquisition of
commercial items.
(f) * * *
(lvii) Use the clause at 252.247–7023,
Transportation of Supplies by Sea, as
prescribed in 247.574(b)(1), to comply
with the Cargo Preference Act of 1904
(10 U.S.C. 2631(a)).
(A) Use the clause Transportation of
Supplies by Sea—Basic, as prescribed in
247.574(b)(1).
(B) Use the clause Transportation of
Supplies by Sea—Alternate I, as
prescribed in 247.574(b)(2).
(C) Use the clause Transportation of
Supplies by Sea—Alternate II, as
prescribed in 247.574(b)(3).
*
*
*
*
*
PART 216—TYPES OF CONTRACTS
3. Amend section 216.506 by revising
paragraph (d) to read as follows:
■
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216.506 Solicitation provisions and
contract clauses.
*
*
*
*
*
(d) Use the basic or the alternate of
the clause at 252.216–70XX,
Requirements, in lieu of the clause at
FAR 52.216–21, Requirements, in
solicitations and contracts when a
requirement for the preparation of
personal property for shipment or
storage, or for the performance of intra-
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city or intra-area movement, is
contemplated.
(1) Use the clause Requirements—
Basic if the acquisition does not involve
a partial small business set-aside.
(2) Use the clause Requirements—
Alternate I if the acquisition involves a
partial small business set-aside.
*
*
*
*
*
When acquiring services for the
preparation of personal property for
movement or storage, or for performance
of intra-city or intra-area movement, use
the following provisions, clauses, and
schedules. Revise solicitation provisions
and schedules, as appropriate, if using
negotiation rather than sealed bidding.
Overseas commands, except those in
Alaska and Hawaii, may modify these
clauses to conform to local practices,
laws, and regulations.
(a) The basic or the alternate of the
provision at 252.247–7008, Evaluation
of Bids.
(1) Use the provision Evaluation of
Bids—Basic when there are no
‘‘additional services’’ items being added
to the schedule.
(2) Use the provision Evaluation of
Bids—Alternate I when adding
‘‘additional services’’ items to the
schedule.
(b) The provision at 252.247–7009,
Award.
(c) In solicitations and resulting
contracts, the schedules provided by the
installation personal property shipping
office. Follow the procedures at PGI
247.271–3(c) for use of schedules.
(d) The clause at 252.247–7010, Scope
of Contract.
(e) The clause at 252.247–7011, Period
of Contract. When the period of
performance is less than a calendar year,
modify the clause to indicate the
beginning and ending dates. However,
the contract period must not end later
than December 31 of the year in which
the contract is awarded.
(f) In addition to designating each
ordering activity, as required by the
clause at FAR 52.216–18, Ordering,
identify by name or position title the
individuals authorized to place orders
for each activity. When provisions are
made for placing oral orders in
accordance with FAR 16.504(a)(4)(vii)),
document the oral orders in accordance
with department or agency instructions.
(g) The clause at 252.247–7012,
Ordering Limitation.
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48399
(h) The clause at 252.247–7013,
Contract Areas of Performance.
(i) The clause at 252.247–7014,
Demurrage. See additional information
at PGI 247.271–3(c)(1) for demurrage
and detention charges.
(j) The clause at 252.247–7016,
Contractor Liability for Loss and
Damage.
(k) The clause at 252.247–7017,
Erroneous Shipments.
(l) The clause at 252.247–7018,
Subcontracting.
(m) The clause at 252.247–7019,
Drayage.
(n) The clause at 252.247–7020,
Additional Services.
(o) The clauses at FAR 52.247–8,
Estimated Weight or Quantities Not
Guaranteed, and FAR 52.247–13,
Accessorial Services—Moving
Contracts.
(p) See the prescription at 216.506(d)
requiring the use of 252.216–70XX,
Requirements.
■ 5. Amend section 247.574 by revising
paragraph (b) to read as follows:
247.574 Solicitation provisions and
contract clauses.
*
*
*
*
*
(b) Use the basic or one of the
alternates at 252.247–7023,
Transportation of Supplies by Sea, in all
solicitations and contracts, including
solicitations and contracts using FAR
part 12 procedures for the acquisition of
commercial items, except those for
direct purchase of ocean transportation
services.
(1) Use the clause Transportation of
Supplies by Sea—Basic, unless any of
the supplies to be transported are
commercial items that are—
(i) Shipped in direct support of U.S.
military contingency operations,
exercises, or forces deployed in
humanitarian or peacekeeping
operations when the contract is not a
construction contract; or
(ii) Commissary or exchange cargoes
transported outside of the Defense
Transportation System when the
contract is not a construction contract.
(2) Use the clause Transportation of
Supplies by Sea—Alternate I, if any of
the supplies to be transported are
commercial items that are shipped in
direct support of U.S. military
contingency operations, exercises, or
forces deployed in humanitarian or
peacekeeping operations, exercises, or
forces deployed in humanitarian or
peacekeeping operations, when the
contract is not a construction contract.
(3) Use the clause Transportation of
Supplies by Sea—Alternate II, if any of
the supplies to be transported are
commercial items that are commissary
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or exchange cargoes transported outside
of the Defense Transportation System
(10 U.S.C. 2643), when the contract is
not a construction contract.
*
*
*
*
*
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
6. Add section 252.247–70XX to read
as follows:
■
252.216–70XX
Requirements.
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As prescribed in 216.506(d), use the
following clause or its alternate.
(a) Requirements—Basic. For the
specific prescription for use of the basic
clause, see 216.506(d)(1).
REQUIREMENTS—BASIC (DATE)
(a) This is a requirements contract for the
supplies or services specified, and effective
for the period stated, in the Schedule. The
quantities of supplies or services specified in
the Schedule are estimates only and are not
purchased by this contract. Except as this
contract may otherwise provide, if the
Government’s requirements do not result in
orders in the quantities described as
‘‘estimated’’ or ‘‘maximum’’ in the Schedule,
that fact shall not constitute the basis for an
equitable price adjustment.
(b) Delivery or performance shall be made
only as authorized by orders issued in
accordance with the Ordering clause. Subject
to any limitations in the Order Limitations
clause or elsewhere in this contract, the
Contractor shall furnish to the Government
all supplies or services specified in the
Schedule and called for by orders issued in
accordance with the Ordering clause. The
Government may issue orders requiring
delivery to multiple destinations or
performance at multiple locations.
(c) Except as this contract otherwise
provides, the Government shall order from
the Contractor all the supplies or services
specified in the Schedule that are required to
be purchased by the Government activity or
activities specified in the Schedule.
(d) The Government is not required to
purchase from the Contractor requirements in
excess of any limit on total orders under this
contract.
(e) If the Government urgently requires
delivery of any quantity of an item before the
earliest date that delivery may be specified
under this contract, and if the Contractor will
not accept an order providing for the
accelerated delivery, the Government may
acquire the urgently required goods or
services from another source.
(f) Orders issued during the effective
period of this contract and not completed
within that time shall be completed by the
Contractor within the time specified in the
order. The rights and obligations of the
Contractor and the Government for those
orders shall be governed by the terms of this
contract to the same extent as if completed
during the effective period.
(End of clause)
(b) Requirements—Alternate I. For the
specific prescription for use of Alternate
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I, see 216.506(d)(2). Alternate I uses a
different paragraph (c) than the basic
clause.
REQUIREMENTS—ALTERNATE I (DATE)
(a) This is a requirements contract for the
supplies or services specified, and effective
for the period stated, in the Schedule. The
quantities of supplies or services specified in
the Schedule are estimates only and are not
purchased by this contract. Except as this
contract may otherwise provide, if the
Government’s requirements do not result in
orders in the quantities described as
‘‘estimated’’ or ‘‘maximum’’ in the Schedule,
that fact shall not constitute the basis for an
equitable price adjustment.
(b) Delivery or performance shall be made
only as authorized by orders issued in
accordance with the Ordering clause. Subject
to any limitations in the Order Limitations
clause or elsewhere in this contract, the
Contractor shall furnish to the Government
all supplies or services specified in the
Schedule and called for by orders issued in
accordance with the Ordering clause. The
Government may issue orders requiring
delivery to multiple destinations or
performance at multiple locations.
(c) The Government’s requirements for
each item or subitem of supplies or services
described in the Schedule are being
purchased through one non-set-aside contract
and one set-aside contract. Therefore, the
Government shall order from each Contractor
approximately one-half of the total supplies
or services specified in the Schedule that are
required to be purchased by the specified
Government activity or activities. The
Government may choose between the setaside Contractor and the non-set-aside
Contractor in placing any particular order.
However, the Government shall allocate
successive orders, in accordance with its
delivery requirements, to maintain as close a
ratio as is reasonably practicable between the
total quantities ordered from the two
Contractors.
(d) The Government is not required to
purchase from the Contractor requirements in
excess of any limit on total orders under this
contract.
(e) If the Government urgently requires
delivery of any quantity of an item before the
earliest date that delivery may be specified
under this contract, and if the Contractor will
not accept an order providing for the
accelerated delivery, the Government may
acquire the urgently required goods or
services from another source.
(f) Orders issued during the effective
period of this contract and not completed
within that time shall be completed by the
Contractor within the time specified in the
order. The rights and obligations of the
Contractor and the Government for those
orders shall be governed by the terms of this
contract to the same extent as if completed
during the effective period.
(End of clause)
■ 7. Revise section 252.247–7008 to
read as follows:
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252.247–7008
Evaluation of bids.
As prescribed in 247.271–3(a), use the
basic provision or its alternate:
(a) Evaluation of Bids—Basic. For the
specific prescription for use of the basic
provision, see 247.271–3(a)(1).
EVALUATION OF BIDS—BASIC (DATE)
(a) The Government will evaluate bids on
the basis of total aggregate price of all items
within an area of performance under a given
schedule.
(1) An offeror must bid on all items within
a specified area of performance for a given
schedule. Failure to do so shall be cause for
rejection of the bid for that area of
performance of that Schedule. If there is to
be no charge for an item, an entry such as
‘‘No Charge,’’ or the letters ‘‘N/C’’ or ‘‘0,’’
must be made in the unit price column of the
Schedule.
(2) Any bid which stipulates minimum
charges or graduated prices for any or all
items shall be rejected for that area of
performance within the Schedule.
(b) In addition to other factors, the
Contracting Officer will evaluate bids on the
basis of advantages or disadvantages to the
Government that might result from making
more than one award (multiple awards).
(1) In making this evaluation, the
Contracting Officer will assume that the
administrative cost to the Government for
issuing and administering each contract
awarded under this solicitation would be
$500.
(2) Individual awards will be for the items
and combinations of items which result in
the lowest aggregate cost to the Government,
including the administrative costs in
paragraph (b)(1).
(c) When drayage is necessary for the
accomplishment of any item in the bid
schedule, the Offeror shall include in the
unit price any costs for bridge or ferry tolls,
road use charges or similar expenses.
(d) Unless otherwise provided in this
solicitation, the Offeror shall state prices in
amounts per hundred pounds on gross or net
weights, whichever is applicable. All charges
shall be subject to, and payable on, the basis
of 100 pounds minimum weight for
unaccompanied baggage and a 500 pound
minimum weight for household goods, net or
gross weight, whichever is applicable.
(End of provision)
(b) Evaluation of Bids—Alternate. For
the specific prescription for use of
Alternate I, see 247.271–3(a)(2).
Alternate I adds a paragraph (e).
EVALUATION OF BIDS—ALTERNATE I
(DATE)
(a) The Government will evaluate bids on
the basis of total aggregate price of all items
within an area of performance under a given
schedule.
(1) An offeror must bid on all items within
a specified area of performance for a given
schedule. Failure to do so shall be cause for
rejection of the bid for that area of
performance of that Schedule. If there is to
be no charge for an item, an entry such as
‘‘No Charge,’’ or the letters ‘‘N/C’’ or ‘‘0,’’
E:\FR\FM\08AUP1.SGM
08AUP1
Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Proposed Rules
must be made in the unit price column of the
Schedule.
(2) Any bid which stipulates minimum
charges or graduated prices for any or all
items shall be rejected for that area of
performance within the Schedule.
(b) In addition to other factors, the
Contracting Officer will evaluate bids on the
basis of advantages or disadvantages to the
Government that might result from making
more than one award (multiple awards).
(1) In making this evaluation, the
Contracting Officer will assume that the
administrative cost to the Government for
issuing and administering each contract
awarded under this solicitation would be
$500.
(2) Individual awards will be for the items
and combinations of items which result in
the lowest aggregate cost to the Government,
including the administrative costs in
paragraph (b)(1).
(c) When drayage is necessary for the
accomplishment of any item in the bid
schedule, the Offeror shall include in the
unit price any costs for bridge or ferry tolls,
road use charges or similar expenses.
(d) Unless otherwise provided in this
solicitation, the Offeror shall state prices in
amounts per hundred pounds on gross or net
weights, whichever is applicable. All charges
shall be subject to, and payable on, the basis
of 100 pounds minimum weight for
unaccompanied baggage and a 500 pound
minimum weight for household goods, net or
gross weight, whichever is applicable.
(e) Notwithstanding paragraph (a), when
‘‘additional services’’ are added to any
schedule, such ‘‘additional services’’ items
will not be considered in the evaluation of
bids.
(End of provision)
252.247–7015
[Removed and Reserved]
8. Remove and reserve section
252.247–7015.
■ 9. Revise section 252.247–7023 to
read as follows:
■
252.247–7023
by sea.
Transportation of supplies
mstockstill on DSK4VPTVN1PROD with PROPOSALS
As prescribed in 247.574(b)(1), use
the following clause or one of its
alternates.
(a) Transportation of Supplies by
Sea—Basic. For the specific prescription
for use of the basic clause, see
247.574(b)(1).
TRANSPORTATION OF SUPPLIES BY
SEA—BASIC (DATE)
(a) Definitions. As used in this clause—
(1) ‘‘Components’’ means articles,
materials, and supplies incorporated directly
into end products at any level of
manufacture, fabrication, or assembly by the
Contractor or any subcontractor.
(2) ‘‘Department of Defense’’ (DoD) means
the Army, Navy, Air Force, Marine Corps,
and defense agencies.
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17:53 Aug 07, 2013
Jkt 229001
(3) ‘‘Foreign flag vessel’’ means any vessel
that is not a U.S.-flag vessel.
(4) ‘‘Ocean transportation’’ means any
transportation aboard a ship, vessel, boat,
barge, or ferry through international waters.
(5) ‘‘Subcontractor’’ means a supplier,
materialman, distributor, or vendor at any
level below the prime contractor whose
contractual obligation to perform results
from, or is conditioned upon, award of the
prime contract and who is performing any
part of the work or other requirement of the
prime contract.
(6) ‘‘Supplies’’ means all property, except
land and interests in land, that is clearly
identifiable for eventual use by or owned by
the DoD at the time of transportation by sea.
(i) An item is clearly identifiable for
eventual use by the DoD if, for example, the
contract documentation contains a reference
to a DoD contract number or a military
destination.
(ii) ‘‘Supplies’’ includes (but is not limited
to) public works; buildings and facilities;
ships; floating equipment and vessels of
every character, type, and description, with
parts, subassemblies, accessories, and
equipment; machine tools; material;
equipment; stores of all kinds; end items;
construction materials; and components of
the foregoing.
(7) ‘‘U.S.-flag vessel’’ means a vessel of the
United States or belonging to the United
States, including any vessel registered or
having national status under the laws of the
United States.
(b)(1) The Contractor shall use U.S.-flag
vessels when transporting any supplies by
sea under this contract.
(2) A subcontractor transporting supplies
by sea under this contract shall use U.S.-flag
vessels if—
(i) This contract is a construction contract;
or
(ii) The supplies being transported are—
(A) Noncommercial items; or
(B) Commercial items that—
(1) The Contractor is reselling or
distributing to the Government without
adding value (generally, the Contractor does
not add value to items that it subcontracts for
f.o.b. destination shipment);
(2) Are shipped in direct support of U.S.
military contingency operations, exercises, or
forces deployed in humanitarian or
peacekeeping operations; or
(3) Are commissary or exchange cargoes
transported outside of the Defense
Transportation System in accordance with 10
U.S.C. 2643.
(c) The Contractor and its subcontractors
may request that the Contracting Officer
authorize shipment in foreign-flag vessels, or
designate available U.S.-flag vessels, if the
Contractor or a subcontractor believes that—
(1) U.S.-flag vessels are not available for
timely shipment;
(2) The freight charges are inordinately
excessive or unreasonable; or
(3) Freight charges are higher than charges
to private persons for transportation of like
goods.
PO 00000
Frm 00065
Fmt 4702
Sfmt 4702
48401
(d) The Contractor must submit any request
for use of other than U.S.-flag vessels in
writing to the Contracting Officer at least 45
days prior to the sailing date necessary to
meet its delivery schedules. The Contracting
Officer will process requests submitted after
such date(s) as expeditiously as possible, but
the Contracting Officer’s failure to grant
approvals to meet the shipper’s sailing date
will not of itself constitute a compensable
delay under this or any other clause of this
contract. Requests shall contain at a
minimum—
(1) Type, weight, and cube of cargo;
(2) Required shipping date;
(3) Special handling and discharge
requirements;
(4) Loading and discharge points;
(5) Name of shipper and consignee;
(6) Prime contract number; and
(7) A documented description of efforts
made to secure U.S.-flag vessels, including
points of contact (with names and telephone
numbers) with at least two U.S.-flag carriers
contacted. Copies of telephone notes,
telegraphic and facsimile message or letters
will be sufficient for this purpose.
(e) The Contractor shall, within 30 days
after each shipment covered by this clause,
provide the Contracting Officer and the
Maritime Administration, Office of Cargo
Preference, U.S. Department of
Transportation, 400 Seventh Street SW.,
Washington, DC 20590, one copy of the rated
on board vessel operating carrier’s ocean bill
of lading, which shall contain the following
information:
(1) Prime contract number.
(2) Name of vessel.
(3) Vessel flag of registry.
(4) Date of loading.
(5) Port of loading.
(6) Port of final discharge.
(7) Description of commodity.
(8) Gross weight in pounds and cubic feet
if available.
(9) Total ocean freight in U.S. dollars.
(10) Name of steamship company.
(f) If this contract exceeds the simplified
acquisition threshold, the Contractor shall
provide with its final invoice under this
contract a representation that to the best of
its knowledge and belief—
(1) No ocean transportation was used in the
performance of this contract;
(2) Ocean transportation was used and only
U.S.-flag vessels were used for all ocean
shipments under the contract;
(3) Ocean transportation was used, and the
Contractor had the written consent of the
Contracting Officer for all non-U.S.-flag
ocean transportation; or
(4) Ocean transportation was used and
some or all of the shipments were made on
non-U.S.-flag vessels without the written
consent of the Contracting Officer. The
Contractor shall describe these shipments in
the following format:
E:\FR\FM\08AUP1.SGM
08AUP1
48402
Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Proposed Rules
Item description
Contract line
items
Quantity
Total ..........................................................................................................................
(g) If this contract exceeds the simplified
acquisition threshold and if the final invoice
does not include the required representation,
the Government will reject and return it to
the Contractor as an improper invoice for the
purposes of the Prompt Payment clause of
this contract. In the event there has been
unauthorized use of non-U.S.-flag vessels in
the performance of this contract, the
Contracting Officer is entitled to equitably
adjust the contract, based on the
unauthorized use.
(h) In the award of subcontracts, for the
types of supplies described in paragraph
(b)(2) of this clause, including subcontracts
for commercial items, the Contractor shall
flow down the requirements of this clause as
follows:
(1) The Contractor shall insert the
substance of this clause, including this
paragraph (h), in subcontracts that exceed the
simplified acquisition threshold in part 2 of
the Federal Acquisition Regulation.
(2) The Contractor shall insert the
substance of paragraphs (a) through (e) of this
clause, and this paragraph (h), in
subcontracts that are at or below the
simplified acquisition threshold in part 2 of
the Federal Acquisition Regulation.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
(End of clause)
(b) Transportation of Supplies by
Sea—Alternate I. For the specific
prescription for use of Alternate I, see
247.574(b)(2). Alternate I uses a
different paragraph (b) for paragraph (b)
of [than] the basic clause.
TRANSPORTATION OF SUPPLIES BY
SEA—ALTERNATE I (DATE)
(a) Definitions. As used in this clause—
(1) ‘‘Components’’ means articles,
materials, and supplies incorporated directly
into end products at any level of
manufacture, fabrication, or assembly by the
Contractor or any subcontractor.
(2) ‘‘Department of Defense’’ (DoD) means
the Army, Navy, Air Force, Marine Corps,
and defense agencies.
(3) ‘‘Foreign flag vessel’’ means any vessel
that is not a U.S.-flag vessel.
(4) ‘‘Ocean transportation’’ means any
transportation aboard a ship, vessel, boat,
barge, or ferry through international waters.
(5) ‘‘Subcontractor’’ means a supplier,
materialman, distributor, or vendor at any
level below the prime contractor whose
contractual obligation to perform results
from, or is conditioned upon, award of the
prime contract and who is performing any
part of the work or other requirement of the
prime contract.
(6) ‘‘Supplies’’ means all property, except
land and interests in land, that is clearly
VerDate Mar<15>2010
17:53 Aug 07, 2013
Jkt 229001
identifiable for eventual use by or owned by
the DoD at the time of transportation by sea.
(i) An item is clearly identifiable for
eventual use by the DoD if, for example, the
contract documentation contains a reference
to a DoD contract number or a military
destination.
(ii) ‘‘Supplies’’ includes (but is not limited
to) public works; buildings and facilities;
ships; floating equipment and vessels of
every character, type, and description, with
parts, subassemblies, accessories, and
equipment; machine tools; material;
equipment; stores of all kinds; end items;
construction materials; and components of
the foregoing.
(7) ‘‘U.S.-flag vessel’’ means a vessel of the
United States or belonging to the United
States, including any vessel registered or
having national status under the laws of the
United States.
(b)(1) The Contractor shall use U.S.-flag
vessels when transporting any supplies by
sea under this contract.
(2) A subcontractor transporting supplies
by sea under this contract shall use U.S.-flag
vessels if the supplies being transported
are—
(i) Noncommercial items; or
(ii) Commercial items that—
(A) The Contractor is reselling or
distributing to the Government without
adding value (generally, the Contractor does
not add value to items that it subcontracts for
f.o.b. destination shipment);
(B) Are shipped in direct support of U.S.
military contingency operations, exercises, or
forces deployed in humanitarian or
peacekeeping operations (Note: This contract
requires shipment of commercial items in
direct support of U.S. military contingency
operations, exercises, or forces deployed in
humanitarian or peacekeeping operations); or
(C) Are commissary or exchange cargoes
transported outside of the Defense
Transportation System in accordance with 10
U.S.C. 2643.
[(c) The Contractor and its subcontractors
may request that the Contracting Officer
authorize shipment in foreign-flag vessels, or
designate available U.S.-flag vessels, if the
Contractor or a subcontractor believes that—
(1) U.S.-flag vessels are not available for
timely shipment;
(2) The freight charges are inordinately
excessive or unreasonable; or
(3) Freight charges are higher than charges
to private persons for transportation of like
goods.
(d) The Contractor must submit any request
for use of other than U.S.-flag vessels in
writing to the Contracting Officer at least 45
days prior to the sailing date necessary to
meet its delivery schedules. The Contracting
PO 00000
Frm 00066
Fmt 4702
Sfmt 4702
Officer will process requests submitted after
such date(s) as expeditiously as possible, but
the Contracting Officer’s failure to grant
approvals to meet the shipper’s sailing date
will not of itself constitute a compensable
delay under this or any other clause of this
contract. Requests shall contain at a
minimum—
(1) Type, weight, and cube of cargo;
(2) Required shipping date;
(3) Special handling and discharge
requirements;
(4) Loading and discharge points;
(5) Name of shipper and consignee;
(6) Prime contract number; and
(7) A documented description of efforts
made to secure U.S.-flag vessels, including
points of contact (with names and telephone
numbers) with at least two U.S.-flag carriers
contacted. Copies of telephone notes,
telegraphic and facsimile message or letters
will be sufficient for this purpose.
(e) The Contractor shall, within 30 days
after each shipment covered by this clause,
provide the Contracting Officer and the
Maritime Administration, Office of Cargo
Preference, U.S. Department of
Transportation, 400 Seventh Street SW.,
Washington, DC 20590, one copy of the rated
on board vessel operating carrier’s ocean bill
of lading, which shall contain the following
information:
(1) Prime contract number;
(2) Name of vessel;
(3) Vessel flag of registry;
(4) Date of loading;
(5) Port of loading;
(6) Port of final discharge;
(7) Description of commodity;
(8) Gross weight in pounds and cubic feet
if available;
(9) Total ocean freight in U.S. dollars; and
(10) Name of steamship company.
(f) If this contract exceeds the simplified
acquisition threshold, the Contractor shall
provide with its final invoice under this
contract a representation that to the best of
its knowledge and belief—
(1) No ocean transportation was used in the
performance of this contract;
(2) Ocean transportation was used and only
U.S.-flag vessels were used for all ocean
shipments under the contract;
(3) Ocean transportation was used, and the
Contractor had the written consent of the
Contracting Officer for all non-U.S.-flag
ocean transportation; or
(4) Ocean transportation was used and
some or all of the shipments were made on
non-U.S.-flag vessels without the written
consent of the Contracting Officer. The
Contractor shall describe these shipments in
the following format:
E:\FR\FM\08AUP1.SGM
08AUP1
Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Proposed Rules
Item description
Contract line
items
48403
Quantity
Total .................................................................................................................................
(g) If this contract exceeds the simplified
acquisition threshold and the final invoice
does not include the required representation,
the Government will reject and return it to
the Contractor as an improper invoice for the
purposes of the Prompt Payment clause of
this contract. In the event there has been
unauthorized use of non-U.S.-flag vessels in
the performance of this contract, the
Contracting Officer is entitled to equitably
adjust the contract, based on the
unauthorized use.
(h) In the award of subcontracts for the
types of supplies described in paragraph
(b)(2) of this clause, the Contractor shall flow
down the requirements of this clause as
follows:
(1) The Contractor shall insert the
substance of this clause, including this
paragraph (h), in subcontracts that exceed the
simplified acquisition threshold in Part 2 of
the Federal Acquisition Regulation.
(2) The Contractor shall insert the
substance of paragraphs (a) through (e) of this
clause, and this paragraph (h), in
subcontracts that are at or below the
simplified acquisition threshold in Part 2 of
the Federal Acquisition Regulation.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
(End of clause)]
(c) Transportation of Supplies by
Sea—Alternate II. For the specific
prescription for use of Alternate II, see
247.574(b)(3). Alternate II uses a
different paragraph (b) than the basic
clause.
TRANSPORTATION OF SUPPLIES BY
SEA—ALTERNATE II (DATE)
(a) Definitions. As used in this clause—
(1) ‘‘Components’’ means articles,
materials, and supplies incorporated directly
into end products at any level of
manufacture, fabrication, or assembly by the
Contractor or any subcontractor.
(2) ‘‘Department of Defense’’ (DoD) means
the Army, Navy, Air Force, Marine Corps,
and defense agencies.
(3) ‘‘Foreign flag vessel’’ means any vessel
that is not a U.S.-flag vessel.
(4) ‘‘Ocean transportation’’ means any
transportation aboard a ship, vessel, boat,
barge, or ferry through international waters.
(5) ‘‘Subcontractor’’ means a supplier,
materialman, distributor, or vendor at any
level below the prime contractor whose
contractual obligation to perform results
from, or is conditioned upon, award of the
prime contract and who is performing any
part of the work or other requirement of the
prime contract.
(6) ‘‘Supplies’’ means all property, except
land and interests in land, that is clearly
VerDate Mar<15>2010
17:53 Aug 07, 2013
Jkt 229001
identifiable for eventual use by or owned by
the DoD at the time of transportation by sea.
(i) An item is clearly identifiable for
eventual use by the DoD if, for example, the
contract documentation contains a reference
to a DoD contract number or a military
destination.
(ii) ‘‘Supplies’’ includes (but is not limited
to) public works; buildings and facilities;
ships; floating equipment and vessels of
every character, type, and description, with
parts, subassemblies, accessories, and
equipment; machine tools; material;
equipment; stores of all kinds; end items;
construction materials; and components of
the foregoing.
(7) ‘‘U.S.-flag vessel’’ means a vessel of the
United States or belonging to the United
States, including any vessel registered or
having national status under the laws of the
United States.
(b)(1) The Contractor shall use U.S.-flag
vessels when transporting any supplies by
sea under this contract.
(2) A subcontractor transporting supplies
by sea under this contract shall use U.S.-flag
vessels if the supplies being transported
are—
(i) Noncommercial items; or
(ii) Commercial items that—
(A) The Contractor is reselling or
distributing to the Government without
adding value (generally, the Contractor does
not add value to items that it subcontracts for
f.o.b. destination shipment);
(B) Are shipped in direct support of U.S.
military contingency operations, exercises, or
forces deployed in humanitarian or
peacekeeping operations; or
(C) Are commissary or exchange cargoes
transported outside of the Defense
Transportation System in accordance with 10
U.S.C. 2643 (Note: This contract requires
transportation of commissary or exchange
cargoes outside of the Defense Transportation
System in accordance with 10 U.S.C. 2643).
(c) The Contractor and its subcontractors
may request that the Contracting Officer
authorize shipment in foreign-flag vessels, or
designate available U.S.-flag vessels, if the
Contractor or a subcontractor believes that—
(1) U.S.-flag vessels are not available for
timely shipment;
(2) The freight charges are inordinately
excessive or unreasonable; or
(3) Freight charges are higher than charges
to private persons for transportation of like
goods.
(d) The Contractor must submit any request
for use of other than U.S.-flag vessels in
writing to the Contracting Officer at least 45
days prior to the sailing date necessary to
meet its delivery schedules. The Contracting
Officer will process requests submitted after
PO 00000
Frm 00067
Fmt 4702
Sfmt 4702
such date(s) as expeditiously as possible, but
the Contracting Officer’s failure to grant
approvals to meet the shipper’s sailing date
will not of itself constitute a compensable
delay under this or any other clause of this
contract. Requests shall contain at a
minimum—
(1) Type, weight, and cube of cargo;
(2) Required shipping date;
(3) Special handling and discharge
requirements;
(4) Loading and discharge points;
(5) Name of shipper and consignee;
(6) Prime contract number; and
(7) A documented description of efforts
made to secure U.S.-flag vessels, including
points of contact (with names and telephone
numbers) with at least two U.S.-flag carriers
contacted. Copies of telephone notes,
telegraphic and facsimile message or letters
will be sufficient for this purpose.
(e) The Contractor shall, within 30 days
after each shipment covered by this clause,
provide the Contracting Officer and the
Maritime Administration, Office of Cargo
Preference, U.S. Department of
Transportation, 400 Seventh Street SW.,
Washington, DC 20590, one copy of the rated
on board vessel operating carrier’s ocean bill
of lading, which shall contain the following
information:
(1) Prime contract number;
(2) Name of vessel;
(3) Vessel flag of registry;
(4) Date of loading;
(5) Port of loading;
(6) Port of final discharge;
(7) Description of commodity;
(8) Gross weight in pounds and cubic feet
if available;
(9) Total ocean freight in U.S. dollars; and
(10) Name of steamship company.
(f) If this contract exceeds the simplified
acquisition threshold, the Contractor shall
provide with its final invoice under this
contract a representation that to the best of
its knowledge and belief—
(1) No ocean transportation was used in the
performance of this contract;
(2) Ocean transportation was used and only
U.S.-flag vessels were used for all ocean
shipments under the contract;
(3) Ocean transportation was used, and the
Contractor had the written consent of the
Contracting Officer for all non-U.S.-flag
ocean transportation; or
(4) Ocean transportation was used and
some or all of the shipments were made on
non-U.S.-flag vessels without the written
consent of the Contracting Officer. The
Contractor shall describe these shipments in
the following format:
E:\FR\FM\08AUP1.SGM
08AUP1
48404
Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Proposed Rules
Item description
Contract line
items
Quantity
Total .................................................................................................................................
(g) If this contract exceeds the simplified
acquisition threshold and the final invoice
does not include the required representation,
the Government will reject and return it to
the Contractor as an improper invoice for the
purposes of the Prompt Payment clause of
this contract. In the event there has been
unauthorized use of non-U.S.-flag vessels in
the performance of this contract, the
Contracting Officer is entitled to equitably
adjust the contract, based on the
unauthorized use.
(h) In the award of subcontracts for the
types of supplies described in paragraph
(b)(2) of this clause, the Contractor shall flow
down the requirements of this clause as
follows:
(1) The Contractor shall insert the
substance of this clause, including this
paragraph (h), in subcontracts that exceed the
simplified acquisition threshold in Part 2 of
the Federal Acquisition Regulation.
(2) The Contractor shall insert the
substance of paragraphs (a) through (e) of this
clause, and this paragraph (h), in
subcontracts that are at or below the
simplified acquisition threshold in Part 2 of
the Federal Acquisition Regulation.
(End of clause)
[FR Doc. 2013–18972 Filed 8–7–13; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 232 and 252
RIN 0750–AI02
Defense Federal Acquisition
Regulation Supplement: Clauses With
Alternates—Contract Financing
(DFARS Case 2013–D014)
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
create an overarching prescription for
the set of contract financing related
clauses with one or more alternates. The
rule also proposes to add a separate
prescription for the basic clause as well
as the alternate. In addition, the
proposed rule would include the full
text of the clause alternate.
DATES: Comments on the proposed rule
should be submitted in writing to the
mstockstill on DSK4VPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Mar<15>2010
17:53 Aug 07, 2013
Jkt 229001
address shown below on or before
October 7, 2013, to be considered in the
formation of a final rule.
ADDRESSES: Submit comments
identified by DFARS Case 2013–D014,
using any of the following methods:
Æ Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
entering ‘‘DFARS Case 2013–D014’’
under the heading ‘‘Enter keyword or
ID’’ and selecting ‘‘Search.’’ Select the
link ‘‘Submit a Comment’’ that
corresponds with ‘‘DFARS Case 2013–
D014.’’ Follow the instructions provided
at the ‘‘Submit a Comment’’ screen.
Please include your name, company
name (if any), and ‘‘DFARS Case 2013–
D014’’ on your attached document.
Æ Email: dfars@osd.mil. Include
DFARS Case 2013–D014 in the subject
line of the message.
Æ Fax: 571–372–6094.
Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. Annette
Gray, 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 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:
Annette Gray, Defense Acquisition
Regulations System,
OUSD(AT&L)DPAP/DARS, Room
3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Telephone 571–372–6093; facsimile
571–372–6101.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is proposing to amend the
DFARS to create an overarching
prescription for the contract financing
clause with one alternate. The rule also
proposes to add a separate prescription
for the basic clause as well as the
alternate. For clarity, the preface of the
alternate will continue to explain what
portions of the alternate are different
from the basic clause.
Separate prescriptions for the basic
and alternates of DFARS clauses will
facilitate the use of automated contract
PO 00000
Frm 00068
Fmt 4702
Sfmt 4702
writing systems. The proposed rule will
not revise the prescriptions in any
substantive way or change the
applicability of the clause or its
alternate.
The inclusion of the full text of each
clause alternate aims to make the terms
of a clause alternate clearer to offerors
and to DoD contracting officers. The
current convention for alternates is to
show only the changed paragraphs from
the basic provision or clause. This
proposed rule would include the full
text of each clause and each alternate,
which will assist in making solicitation
and contract terms and conditions easier
to read and understand. By placing
alternates in full text, all paragraph
substitutions from the basic clause will
have already been made. Inapplicable
paragraphs from the basic clause that
are superseded by the alternate will not
be included in the solicitation or
contract in order to prevent confusion.
Although this rule proposes to
include the text of the alternate in full,
it retains the language that precedes the
clause or alternate, which includes the
location of the alternate’s prescription
and a statement that identifies which
paragraphs were changed from the basic
clause. Further, alternates are proposed
to have individual titles that tie them to
the basic clause, e.g., ‘‘Limitation of
Government’s Obligation—Alternate I’’
in lieu of ‘‘Alternate I.’’
II. Discussion
This proposed rule addresses only the
single DFARS part 232 clause that has
an alternate. The remaining
prescriptions in part 232 are not
proposed to be changed in any way by
this rule. The affected clause is
252.232–7007, Limitation of
Government’s Obligation, with one
alternate. The naming convention
results in proposed new clause titles,
e.g., Limitation of Government’s
Obligation—Basic and Limitation of
Government’s Obligation—Alternate I.
An umbrella prescription is proposed
to be added for the elements common to
the basic clause and alternate. The
specific prescription for the basic clause
and alternate would then address only
the requirements for their use that
enable the selection of the basic or the
alternate. For example, the revised
prescription for Limitation of
Government’s Obligation—Alternate I
would read as follows: ‘‘Use the clause
E:\FR\FM\08AUP1.SGM
08AUP1
Agencies
[Federal Register Volume 78, Number 153 (Thursday, August 8, 2013)]
[Proposed Rules]
[Pages 48397-48404]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18972]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 212, 216, 247, and 252
RIN 0750-AH90
Defense Federal Acquisition Regulation Supplement: Clauses With
Alternates--Transportation (DFARS Case 2012-D057)
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 create an overarching prescription for
each set of transportation-related provisions/clauses with one or more
alternates. The rule also proposes to add a separate prescription for
the basic clause as well as each alternate. In addition, the proposed
rule would include the full text of each provision and/or clause
alternate.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before October 7, 2013, to be considered
in the formation of a final rule.
ADDRESSES: Submit comments identified by DFARS Case 2012-D057, using
any of the following methods:
[cir] Regulations.gov: https://www.regulations.gov. Submit comments
via the Federal eRulemaking portal by entering ``DFARS Case 2012-D057''
under the heading ``Enter keyword or ID'' and selecting ``Search.''
Select the link ``Submit a Comment'' that corresponds with ``DFARS Case
2012-D057.'' Follow the instructions provided at the ``Submit a
Comment'' screen. Please include your name, company name (if any), and
``DFARS Case 2012-D057'' on your attached document.
[cir] Email: dfars@osd.mil. Include DFARS Case 2012-D057 in the
subject line of the message.
[cir] Fax: 571-372-6094.
[cir] Mail: Defense Acquisition Regulations System, Attn: Ms.
Meredith Murphy, 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 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: Ms. Meredith Murphy, Defense
Acquisition Regulations System, OUSD(AT&L)DPAP/DARS, Room 3B855, 3060
Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-6098;
facsimile 571-372-6101.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is proposing to amend the DFARS to create an overarching
prescription for each set of transportation-related provisions/clauses
with one or more alternates. The rule also proposes to add a separate
prescription for the basic clause as well as each alternate. In
addition, the proposed rule would include the full text of each
provision/clause alternate. For clarity, the preface of the alternate
will continue to explain what portions of that alternate are different
from the basic provision/clause.
Separate prescriptions for the basic and alternates of DFARS
provisions and clauses will facilitate the use of automated contract
writing systems. The proposed rule will not revise the prescriptions in
any substantive way or change the applicability of the provisions/
clauses or their alternates.
The inclusion of the full text of each provision/clause alternate
aims to make the terms of a provision/clause alternate clearer to
offerors and to DoD contracting officers. The current convention for
alternates is to show only the changed paragraphs from the basic
provision or clause. This proposed rule would include the full text of
each provision/clause and each alternate, which will assist in making
solicitation and contract terms and conditions easier to read and
understand. By placing alternates in full text, all paragraph
substitutions from the basic provision/clause will have already been
made. Inapplicable paragraphs from the basic provision/clause that are
superseded by the alternate will not be included in the solicitation or
contract in order to prevent confusion.
Although this rule proposes to include each alternate in full, it
retains the language that precedes the provision/clause or alternate,
which includes the location of the alternate's prescription and a
statement that identifies which paragraphs were changed from the basic
provision/clause. Further, alternates are proposed to have individual
titles that tie them to the basic clause, e.g., ``Requirements--
Alternate I'' in lieu of ``Alternate I.''
This rule proposes to revise the naming convention for provisions/
clauses with alternates to indicate that
[[Page 48398]]
there is at least one alternate by revising the title of the basic
clause to read ``Title--Basic.'' Thus, if adopted as final, the naming
convention will differentiate at the provision/clause title whether
there are any alternates associated with that provision/clause.
II. Discussion
This proposed rule addresses only the solicitation provisions and
clauses in DFARS part 247 that have, or are, alternates. The remaining
prescriptions in DFARS part 247 are not proposed to be changed in any
way by this proposed rule.
There are three DFARS transportation-related provisions/clauses
that would be affected by this rule, as follows:
252.247-7008, Evaluation of Bids, with one alternate.
252.247-7023, Transportation of Supplies by Sea, with
three alternates.
252.247-7015, which is an alternate to FAR 52.216-21.
The clause currently at DFARS 252.247-7015, Requirements, presents
a unique situation. Although it is located with transportation clauses,
it is an alternate to be used with the basic FAR clause at 52.216-21,
also entitled ``Requirements,'' and with Alternate III to the FAR
clause. This rule proposes to create a stand-alone DFARS clause and one
alternate and to relocate them to DFARS 252.216 because they apply
principally to requirement contracts rather than transportation. The
rule proposes to create the corresponding prescriptions at 216.506(d).
The other two clauses addressed in this proposed rule are proposed
to remain in DFARS 252.247. DFARS 252.247-7008, Evaluation of Bids, and
its Alternate I are prescribed at DFARS 247.271-3(a). The introductory
text in DFARS 247.271-3 provides the overarching prescription for 15
provisions/clauses. This rule proposes to revise paragraph (a) of DFARS
247.271-3 to provide the prescriptions for DFARS 252.247-7008,
Evaluation of Bids. ``Alternate I'' to DFARS 252.247-7008 would be
prescribed to apply when adding ``additional services'' items to the
schedule. The text of the current DFARS 252.247-7008 Alternate I would
no longer consist solely of paragraph (e); it would be renamed 252.247-
7008, Evaluation of Bids--Alternate I, and its text would include the
entire text of DFARS 252.247-7008 with the addition of paragraph (e).
The clause at DFARS 252.247-7023, Transportation of Supplies by
Sea, currently has three alternates and is prescribed at DFARS
247.574(b). The rule proposes to add a prescription for the basic
clause at DFARS 247.574(b)(1). The rule also proposes to eliminate
Alternate III, because it proposes to revise the basic clause and
Alternates I and II to add the phrase ``If this contract exceeds the
simplified acquisition threshold'' as a condition precedent to the
applicability of paragraphs (f) and (g). This change would eliminate
the need for Alternate III, which applies only when the anticipated
value of the procurement is at or below the simplified acquisition
threshold.
III. 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.
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 it merely
revises the format, not the substance, of prescriptions for provisions
and clauses with alternates, as well as includes the full text of each
provision or clause in each alternate.
However, an initial regulatory flexibility analysis has been
performed and is summarized as follows:
The purpose of this case is to amend the Defense Federal
Acquisition Regulation Supplement (DFARS) to create an overarching
prescription for each set of provisions/clauses with one or more
alternates. The overarching prescription is intended to include the
common requirements for the use of that provision/clause set.
The use of automated contract writing systems will be facilitated
by revising the prescription format for DFARS provisions/clauses that
have one or more alternates. This rule proposes to revise the
prescription format so that there is an overarching prescription that
covers the elements that the basic provision/clause and all its
alternates have in common. Then, there will be a separate prescription
for use of the basic prescription/clause and each alternate. In
addition, each alternate provision/clause will be presented in total,
not just the paragraph or section that is different from the basic
provision/clause. This will make the terms of a provision or clause
alternate clearer to offerors, as well as to DoD contracting officers,
because all paragraph substitutions will have already been made.
Inapplicable paragraphs from the basic provision/clause that are
superseded by the alternate will not be included in the solicitation or
contract to prevent confusion.
Potential offerors, including small businesses, initially may be
affected by this rule by seeing an unfamiliar format for provision/
clause alternates in solicitations and contracts issued by DoD
contracting activities. An average of 12,618,521 new contracts was
awarded in Fiscal Years 2011 and 2012, and an average of 1,557,852 of
these actions (12.35%) was awarded to small businesses. It is unknown
how many of these contracts were awarded that included an alternate to
a DFARS provision or clause. Nothing substantive will change in
solicitations or contracts for potential offerors, and only the
appearance of how provision/clause alternates are presented in
solicitations and contracts will be changed. This rule may result in
potential offerors, including small businesses, expending more time to
become familiar with and to understand the new format of provision/
clause alternates in full text contained in contracts issued by any DoD
contracting activity. The rule also anticipates saving contractors time
by making all paragraph substitutions from the basic clause, and by not
requiring offerors to read inapplicable paragraphs contained in the
basic provisions/clauses where alternates are also included in the
solicitations and contracts. The overall burden caused by this rule is
expected to be negligible and will not be any greater on small
businesses than it is on large businesses.
This rule does not add any new information collection requirements.
The rule does not duplicate, overlap, or conflict with any other
Federal rules. No alternatives were determined that will accomplish the
objectives of the rule.
DoD invites comments from small business concerns 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
[[Page 48399]]
U.S.C. 610 (DFARS Case 2012-D057), in correspondence.
V. 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).
List of Subjects in 48 CFR Parts 212, 216, 247, and 252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CRF parts 212, 216, 247, and 252 are proposed to be
amended as follows:
0
1. The authority citation for parts 212, 216, 247, and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR Chapter 1.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
0
2. Section 212.301 is amended by revising paragraph (f)(lvii) to read
as follows:
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
(f) * * *
(lvii) Use the clause at 252.247-7023, Transportation of Supplies
by Sea, as prescribed in 247.574(b)(1), to comply with the Cargo
Preference Act of 1904 (10 U.S.C. 2631(a)).
(A) Use the clause Transportation of Supplies by Sea--Basic, as
prescribed in 247.574(b)(1).
(B) Use the clause Transportation of Supplies by Sea--Alternate I,
as prescribed in 247.574(b)(2).
(C) Use the clause Transportation of Supplies by Sea--Alternate II,
as prescribed in 247.574(b)(3).
* * * * *
PART 216--TYPES OF CONTRACTS
0
3. Amend section 216.506 by revising paragraph (d) to read as follows:
216.506 Solicitation provisions and contract clauses.
* * * * *
(d) Use the basic or the alternate of the clause at 252.216-70XX,
Requirements, in lieu of the clause at FAR 52.216-21, Requirements, in
solicitations and contracts when a requirement for the preparation of
personal property for shipment or storage, or for the performance of
intra-city or intra-area movement, is contemplated.
(1) Use the clause Requirements--Basic if the acquisition does not
involve a partial small business set-aside.
(2) Use the clause Requirements--Alternate I if the acquisition
involves a partial small business set-aside.
* * * * *
PART 247--TRANSPORTATION
0
4. Revise section 247.271-3 to read as follows:
247.271-3 Solicitation provisions, schedule formats, and contract
clauses.
When acquiring services for the preparation of personal property
for movement or storage, or for performance of intra-city or intra-area
movement, use the following provisions, clauses, and schedules. Revise
solicitation provisions and schedules, as appropriate, if using
negotiation rather than sealed bidding. Overseas commands, except those
in Alaska and Hawaii, may modify these clauses to conform to local
practices, laws, and regulations.
(a) The basic or the alternate of the provision at 252.247-7008,
Evaluation of Bids.
(1) Use the provision Evaluation of Bids--Basic when there are no
``additional services'' items being added to the schedule.
(2) Use the provision Evaluation of Bids--Alternate I when adding
``additional services'' items to the schedule.
(b) The provision at 252.247-7009, Award.
(c) In solicitations and resulting contracts, the schedules
provided by the installation personal property shipping office. Follow
the procedures at PGI 247.271-3(c) for use of schedules.
(d) The clause at 252.247-7010, Scope of Contract.
(e) The clause at 252.247-7011, Period of Contract. When the period
of performance is less than a calendar year, modify the clause to
indicate the beginning and ending dates. However, the contract period
must not end later than December 31 of the year in which the contract
is awarded.
(f) In addition to designating each ordering activity, as required
by the clause at FAR 52.216-18, Ordering, identify by name or position
title the individuals authorized to place orders for each activity.
When provisions are made for placing oral orders in accordance with FAR
16.504(a)(4)(vii)), document the oral orders in accordance with
department or agency instructions.
(g) The clause at 252.247-7012, Ordering Limitation.
(h) The clause at 252.247-7013, Contract Areas of Performance.
(i) The clause at 252.247-7014, Demurrage. See additional
information at PGI 247.271-3(c)(1) for demurrage and detention charges.
(j) The clause at 252.247-7016, Contractor Liability for Loss and
Damage.
(k) The clause at 252.247-7017, Erroneous Shipments.
(l) The clause at 252.247-7018, Subcontracting.
(m) The clause at 252.247-7019, Drayage.
(n) The clause at 252.247-7020, Additional Services.
(o) The clauses at FAR 52.247-8, Estimated Weight or Quantities Not
Guaranteed, and FAR 52.247-13, Accessorial Services--Moving Contracts.
(p) See the prescription at 216.506(d) requiring the use of
252.216-70XX, Requirements.
0
5. Amend section 247.574 by revising paragraph (b) to read as follows:
247.574 Solicitation provisions and contract clauses.
* * * * *
(b) Use the basic or one of the alternates at 252.247-7023,
Transportation of Supplies by Sea, in all solicitations and contracts,
including solicitations and contracts using FAR part 12 procedures for
the acquisition of commercial items, except those for direct purchase
of ocean transportation services.
(1) Use the clause Transportation of Supplies by Sea--Basic, unless
any of the supplies to be transported are commercial items that are--
(i) Shipped in direct support of U.S. military contingency
operations, exercises, or forces deployed in humanitarian or
peacekeeping operations when the contract is not a construction
contract; or
(ii) Commissary or exchange cargoes transported outside of the
Defense Transportation System when the contract is not a construction
contract.
(2) Use the clause Transportation of Supplies by Sea--Alternate I,
if any of the supplies to be transported are commercial items that are
shipped in direct support of U.S. military contingency operations,
exercises, or forces deployed in humanitarian or peacekeeping
operations, exercises, or forces deployed in humanitarian or
peacekeeping operations, when the contract is not a construction
contract.
(3) Use the clause Transportation of Supplies by Sea--Alternate II,
if any of the supplies to be transported are commercial items that are
commissary
[[Page 48400]]
or exchange cargoes transported outside of the Defense Transportation
System (10 U.S.C. 2643), when the contract is not a construction
contract.
* * * * *
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
6. Add section 252.247-70XX to read as follows:
252.216-70XX Requirements.
As prescribed in 216.506(d), use the following clause or its
alternate.
(a) Requirements--Basic. For the specific prescription for use of
the basic clause, see 216.506(d)(1).
REQUIREMENTS--BASIC (DATE)
(a) This is a requirements contract for the supplies or services
specified, and effective for the period stated, in the Schedule. The
quantities of supplies or services specified in the Schedule are
estimates only and are not purchased by this contract. Except as
this contract may otherwise provide, if the Government's
requirements do not result in orders in the quantities described as
``estimated'' or ``maximum'' in the Schedule, that fact shall not
constitute the basis for an equitable price adjustment.
(b) Delivery or performance shall be made only as authorized by
orders issued in accordance with the Ordering clause. Subject to any
limitations in the Order Limitations clause or elsewhere in this
contract, the Contractor shall furnish to the Government all
supplies or services specified in the Schedule and called for by
orders issued in accordance with the Ordering clause. The Government
may issue orders requiring delivery to multiple destinations or
performance at multiple locations.
(c) Except as this contract otherwise provides, the Government
shall order from the Contractor all the supplies or services
specified in the Schedule that are required to be purchased by the
Government activity or activities specified in the Schedule.
(d) The Government is not required to purchase from the
Contractor requirements in excess of any limit on total orders under
this contract.
(e) If the Government urgently requires delivery of any quantity
of an item before the earliest date that delivery may be specified
under this contract, and if the Contractor will not accept an order
providing for the accelerated delivery, the Government may acquire
the urgently required goods or services from another source.
(f) Orders issued during the effective period of this contract
and not completed within that time shall be completed by the
Contractor within the time specified in the order. The rights and
obligations of the Contractor and the Government for those orders
shall be governed by the terms of this contract to the same extent
as if completed during the effective period.
(End of clause)
(b) Requirements--Alternate I. For the specific prescription for
use of Alternate I, see 216.506(d)(2). Alternate I uses a different
paragraph (c) than the basic clause.
REQUIREMENTS--ALTERNATE I (DATE)
(a) This is a requirements contract for the supplies or services
specified, and effective for the period stated, in the Schedule. The
quantities of supplies or services specified in the Schedule are
estimates only and are not purchased by this contract. Except as
this contract may otherwise provide, if the Government's
requirements do not result in orders in the quantities described as
``estimated'' or ``maximum'' in the Schedule, that fact shall not
constitute the basis for an equitable price adjustment.
(b) Delivery or performance shall be made only as authorized by
orders issued in accordance with the Ordering clause. Subject to any
limitations in the Order Limitations clause or elsewhere in this
contract, the Contractor shall furnish to the Government all
supplies or services specified in the Schedule and called for by
orders issued in accordance with the Ordering clause. The Government
may issue orders requiring delivery to multiple destinations or
performance at multiple locations.
(c) The Government's requirements for each item or subitem of
supplies or services described in the Schedule are being purchased
through one non-set-aside contract and one set-aside contract.
Therefore, the Government shall order from each Contractor
approximately one-half of the total supplies or services specified
in the Schedule that are required to be purchased by the specified
Government activity or activities. The Government may choose between
the set-aside Contractor and the non-set-aside Contractor in placing
any particular order. However, the Government shall allocate
successive orders, in accordance with its delivery requirements, to
maintain as close a ratio as is reasonably practicable between the
total quantities ordered from the two Contractors.
(d) The Government is not required to purchase from the
Contractor requirements in excess of any limit on total orders under
this contract.
(e) If the Government urgently requires delivery of any quantity
of an item before the earliest date that delivery may be specified
under this contract, and if the Contractor will not accept an order
providing for the accelerated delivery, the Government may acquire
the urgently required goods or services from another source.
(f) Orders issued during the effective period of this contract
and not completed within that time shall be completed by the
Contractor within the time specified in the order. The rights and
obligations of the Contractor and the Government for those orders
shall be governed by the terms of this contract to the same extent
as if completed during the effective period.
(End of clause)
0
7. Revise section 252.247-7008 to read as follows:
252.247-7008 Evaluation of bids.
As prescribed in 247.271-3(a), use the basic provision or its
alternate:
(a) Evaluation of Bids--Basic. For the specific prescription for
use of the basic provision, see 247.271-3(a)(1).
EVALUATION OF BIDS--BASIC (DATE)
(a) The Government will evaluate bids on the basis of total
aggregate price of all items within an area of performance under a
given schedule.
(1) An offeror must bid on all items within a specified area of
performance for a given schedule. Failure to do so shall be cause
for rejection of the bid for that area of performance of that
Schedule. If there is to be no charge for an item, an entry such as
``No Charge,'' or the letters ``N/C'' or ``0,'' must be made in the
unit price column of the Schedule.
(2) Any bid which stipulates minimum charges or graduated prices
for any or all items shall be rejected for that area of performance
within the Schedule.
(b) In addition to other factors, the Contracting Officer will
evaluate bids on the basis of advantages or disadvantages to the
Government that might result from making more than one award
(multiple awards).
(1) In making this evaluation, the Contracting Officer will
assume that the administrative cost to the Government for issuing
and administering each contract awarded under this solicitation
would be $500.
(2) Individual awards will be for the items and combinations of
items which result in the lowest aggregate cost to the Government,
including the administrative costs in paragraph (b)(1).
(c) When drayage is necessary for the accomplishment of any item
in the bid schedule, the Offeror shall include in the unit price any
costs for bridge or ferry tolls, road use charges or similar
expenses.
(d) Unless otherwise provided in this solicitation, the Offeror
shall state prices in amounts per hundred pounds on gross or net
weights, whichever is applicable. All charges shall be subject to,
and payable on, the basis of 100 pounds minimum weight for
unaccompanied baggage and a 500 pound minimum weight for household
goods, net or gross weight, whichever is applicable.
(End of provision)
(b) Evaluation of Bids--Alternate. For the specific prescription
for use of Alternate I, see 247.271-3(a)(2). Alternate I adds a
paragraph (e).
EVALUATION OF BIDS--ALTERNATE I (DATE)
(a) The Government will evaluate bids on the basis of total
aggregate price of all items within an area of performance under a
given schedule.
(1) An offeror must bid on all items within a specified area of
performance for a given schedule. Failure to do so shall be cause
for rejection of the bid for that area of performance of that
Schedule. If there is to be no charge for an item, an entry such as
``No Charge,'' or the letters ``N/C'' or ``0,''
[[Page 48401]]
must be made in the unit price column of the Schedule.
(2) Any bid which stipulates minimum charges or graduated prices
for any or all items shall be rejected for that area of performance
within the Schedule.
(b) In addition to other factors, the Contracting Officer will
evaluate bids on the basis of advantages or disadvantages to the
Government that might result from making more than one award
(multiple awards).
(1) In making this evaluation, the Contracting Officer will
assume that the administrative cost to the Government for issuing
and administering each contract awarded under this solicitation
would be $500.
(2) Individual awards will be for the items and combinations of
items which result in the lowest aggregate cost to the Government,
including the administrative costs in paragraph (b)(1).
(c) When drayage is necessary for the accomplishment of any item
in the bid schedule, the Offeror shall include in the unit price any
costs for bridge or ferry tolls, road use charges or similar
expenses.
(d) Unless otherwise provided in this solicitation, the Offeror
shall state prices in amounts per hundred pounds on gross or net
weights, whichever is applicable. All charges shall be subject to,
and payable on, the basis of 100 pounds minimum weight for
unaccompanied baggage and a 500 pound minimum weight for household
goods, net or gross weight, whichever is applicable.
(e) Notwithstanding paragraph (a), when ``additional services''
are added to any schedule, such ``additional services'' items will
not be considered in the evaluation of bids.
(End of provision)
252.247-7015 [Removed and Reserved]
0
8. Remove and reserve section 252.247-7015.
0
9. Revise section 252.247-7023 to read as follows:
252.247-7023 Transportation of supplies by sea.
As prescribed in 247.574(b)(1), use the following clause or one of
its alternates.
(a) Transportation of Supplies by Sea--Basic. For the specific
prescription for use of the basic clause, see 247.574(b)(1).
TRANSPORTATION OF SUPPLIES BY SEA--BASIC (DATE)
(a) Definitions. As used in this clause--
(1) ``Components'' means articles, materials, and supplies
incorporated directly into end products at any level of manufacture,
fabrication, or assembly by the Contractor or any subcontractor.
(2) ``Department of Defense'' (DoD) means the Army, Navy, Air
Force, Marine Corps, and defense agencies.
(3) ``Foreign flag vessel'' means any vessel that is not a U.S.-
flag vessel.
(4) ``Ocean transportation'' means any transportation aboard a
ship, vessel, boat, barge, or ferry through international waters.
(5) ``Subcontractor'' means a supplier, materialman,
distributor, or vendor at any level below the prime contractor whose
contractual obligation to perform results from, or is conditioned
upon, award of the prime contract and who is performing any part of
the work or other requirement of the prime contract.
(6) ``Supplies'' means all property, except land and interests
in land, that is clearly identifiable for eventual use by or owned
by the DoD at the time of transportation by sea.
(i) An item is clearly identifiable for eventual use by the DoD
if, for example, the contract documentation contains a reference to
a DoD contract number or a military destination.
(ii) ``Supplies'' includes (but is not limited to) public works;
buildings and facilities; ships; floating equipment and vessels of
every character, type, and description, with parts, subassemblies,
accessories, and equipment; machine tools; material; equipment;
stores of all kinds; end items; construction materials; and
components of the foregoing.
(7) ``U.S.-flag vessel'' means a vessel of the United States or
belonging to the United States, including any vessel registered or
having national status under the laws of the United States.
(b)(1) The Contractor shall use U.S.-flag vessels when
transporting any supplies by sea under this contract.
(2) A subcontractor transporting supplies by sea under this
contract shall use U.S.-flag vessels if--
(i) This contract is a construction contract; or
(ii) The supplies being transported are--
(A) Noncommercial items; or
(B) Commercial items that--
(1) The Contractor is reselling or distributing to the
Government without adding value (generally, the Contractor does not
add value to items that it subcontracts for f.o.b. destination
shipment);
(2) Are shipped in direct support of U.S. military contingency
operations, exercises, or forces deployed in humanitarian or
peacekeeping operations; or
(3) Are commissary or exchange cargoes transported outside of
the Defense Transportation System in accordance with 10 U.S.C. 2643.
(c) The Contractor and its subcontractors may request that the
Contracting Officer authorize shipment in foreign-flag vessels, or
designate available U.S.-flag vessels, if the Contractor or a
subcontractor believes that--
(1) U.S.-flag vessels are not available for timely shipment;
(2) The freight charges are inordinately excessive or
unreasonable; or
(3) Freight charges are higher than charges to private persons
for transportation of like goods.
(d) The Contractor must submit any request for use of other than
U.S.-flag vessels in writing to the Contracting Officer at least 45
days prior to the sailing date necessary to meet its delivery
schedules. The Contracting Officer will process requests submitted
after such date(s) as expeditiously as possible, but the Contracting
Officer's failure to grant approvals to meet the shipper's sailing
date will not of itself constitute a compensable delay under this or
any other clause of this contract. Requests shall contain at a
minimum--
(1) Type, weight, and cube of cargo;
(2) Required shipping date;
(3) Special handling and discharge requirements;
(4) Loading and discharge points;
(5) Name of shipper and consignee;
(6) Prime contract number; and
(7) A documented description of efforts made to secure U.S.-flag
vessels, including points of contact (with names and telephone
numbers) with at least two U.S.-flag carriers contacted. Copies of
telephone notes, telegraphic and facsimile message or letters will
be sufficient for this purpose.
(e) The Contractor shall, within 30 days after each shipment
covered by this clause, provide the Contracting Officer and the
Maritime Administration, Office of Cargo Preference, U.S. Department
of Transportation, 400 Seventh Street SW., Washington, DC 20590, one
copy of the rated on board vessel operating carrier's ocean bill of
lading, which shall contain the following information:
(1) Prime contract number.
(2) Name of vessel.
(3) Vessel flag of registry.
(4) Date of loading.
(5) Port of loading.
(6) Port of final discharge.
(7) Description of commodity.
(8) Gross weight in pounds and cubic feet if available.
(9) Total ocean freight in U.S. dollars.
(10) Name of steamship company.
(f) If this contract exceeds the simplified acquisition
threshold, the Contractor shall provide with its final invoice under
this contract a representation that to the best of its knowledge and
belief--
(1) No ocean transportation was used in the performance of this
contract;
(2) Ocean transportation was used and only U.S.-flag vessels
were used for all ocean shipments under the contract;
(3) Ocean transportation was used, and the Contractor had the
written consent of the Contracting Officer for all non-U.S.-flag
ocean transportation; or
(4) Ocean transportation was used and some or all of the
shipments were made on non-U.S.-flag vessels without the written
consent of the Contracting Officer. The Contractor shall describe
these shipments in the following format:
[[Page 48402]]
----------------------------------------------------------------------------------------------------------------
Contract line
Item description items Quantity
----------------------------------------------------------------------------------------------------------------
Total.................................................
----------------------------------------------------------------------------------------------------------------
(g) If this contract exceeds the simplified acquisition
threshold and if the final invoice does not include the required
representation, the Government will reject and return it to the
Contractor as an improper invoice for the purposes of the Prompt
Payment clause of this contract. In the event there has been
unauthorized use of non-U.S.-flag vessels in the performance of this
contract, the Contracting Officer is entitled to equitably adjust
the contract, based on the unauthorized use.
(h) In the award of subcontracts, for the types of supplies
described in paragraph (b)(2) of this clause, including subcontracts
for commercial items, the Contractor shall flow down the
requirements of this clause as follows:
(1) The Contractor shall insert the substance of this clause,
including this paragraph (h), in subcontracts that exceed the
simplified acquisition threshold in part 2 of the Federal
Acquisition Regulation.
(2) The Contractor shall insert the substance of paragraphs (a)
through (e) of this clause, and this paragraph (h), in subcontracts
that are at or below the simplified acquisition threshold in part 2
of the Federal Acquisition Regulation.
(End of clause)
(b) Transportation of Supplies by Sea--Alternate I. For the
specific prescription for use of Alternate I, see 247.574(b)(2).
Alternate I uses a different paragraph (b) for paragraph (b) of [than]
the basic clause.
TRANSPORTATION OF SUPPLIES BY SEA--ALTERNATE I (DATE)
(a) Definitions. As used in this clause--
(1) ``Components'' means articles, materials, and supplies
incorporated directly into end products at any level of manufacture,
fabrication, or assembly by the Contractor or any subcontractor.
(2) ``Department of Defense'' (DoD) means the Army, Navy, Air
Force, Marine Corps, and defense agencies.
(3) ``Foreign flag vessel'' means any vessel that is not a U.S.-
flag vessel.
(4) ``Ocean transportation'' means any transportation aboard a
ship, vessel, boat, barge, or ferry through international waters.
(5) ``Subcontractor'' means a supplier, materialman,
distributor, or vendor at any level below the prime contractor whose
contractual obligation to perform results from, or is conditioned
upon, award of the prime contract and who is performing any part of
the work or other requirement of the prime contract.
(6) ``Supplies'' means all property, except land and interests
in land, that is clearly identifiable for eventual use by or owned
by the DoD at the time of transportation by sea.
(i) An item is clearly identifiable for eventual use by the DoD
if, for example, the contract documentation contains a reference to
a DoD contract number or a military destination.
(ii) ``Supplies'' includes (but is not limited to) public works;
buildings and facilities; ships; floating equipment and vessels of
every character, type, and description, with parts, subassemblies,
accessories, and equipment; machine tools; material; equipment;
stores of all kinds; end items; construction materials; and
components of the foregoing.
(7) ``U.S.-flag vessel'' means a vessel of the United States or
belonging to the United States, including any vessel registered or
having national status under the laws of the United States.
(b)(1) The Contractor shall use U.S.-flag vessels when
transporting any supplies by sea under this contract.
(2) A subcontractor transporting supplies by sea under this
contract shall use U.S.-flag vessels if the supplies being
transported are--
(i) Noncommercial items; or
(ii) Commercial items that--
(A) The Contractor is reselling or distributing to the
Government without adding value (generally, the Contractor does not
add value to items that it subcontracts for f.o.b. destination
shipment);
(B) Are shipped in direct support of U.S. military contingency
operations, exercises, or forces deployed in humanitarian or
peacekeeping operations (Note: This contract requires shipment of
commercial items in direct support of U.S. military contingency
operations, exercises, or forces deployed in humanitarian or
peacekeeping operations); or
(C) Are commissary or exchange cargoes transported outside of
the Defense Transportation System in accordance with 10 U.S.C. 2643.
[(c) The Contractor and its subcontractors may request that the
Contracting Officer authorize shipment in foreign-flag vessels, or
designate available U.S.-flag vessels, if the Contractor or a
subcontractor believes that--
(1) U.S.-flag vessels are not available for timely shipment;
(2) The freight charges are inordinately excessive or
unreasonable; or
(3) Freight charges are higher than charges to private persons
for transportation of like goods.
(d) The Contractor must submit any request for use of other than
U.S.-flag vessels in writing to the Contracting Officer at least 45
days prior to the sailing date necessary to meet its delivery
schedules. The Contracting Officer will process requests submitted
after such date(s) as expeditiously as possible, but the Contracting
Officer's failure to grant approvals to meet the shipper's sailing
date will not of itself constitute a compensable delay under this or
any other clause of this contract. Requests shall contain at a
minimum--
(1) Type, weight, and cube of cargo;
(2) Required shipping date;
(3) Special handling and discharge requirements;
(4) Loading and discharge points;
(5) Name of shipper and consignee;
(6) Prime contract number; and
(7) A documented description of efforts made to secure U.S.-flag
vessels, including points of contact (with names and telephone
numbers) with at least two U.S.-flag carriers contacted. Copies of
telephone notes, telegraphic and facsimile message or letters will
be sufficient for this purpose.
(e) The Contractor shall, within 30 days after each shipment
covered by this clause, provide the Contracting Officer and the
Maritime Administration, Office of Cargo Preference, U.S. Department
of Transportation, 400 Seventh Street SW., Washington, DC 20590, one
copy of the rated on board vessel operating carrier's ocean bill of
lading, which shall contain the following information:
(1) Prime contract number;
(2) Name of vessel;
(3) Vessel flag of registry;
(4) Date of loading;
(5) Port of loading;
(6) Port of final discharge;
(7) Description of commodity;
(8) Gross weight in pounds and cubic feet if available;
(9) Total ocean freight in U.S. dollars; and
(10) Name of steamship company.
(f) If this contract exceeds the simplified acquisition
threshold, the Contractor shall provide with its final invoice under
this contract a representation that to the best of its knowledge and
belief--
(1) No ocean transportation was used in the performance of this
contract;
(2) Ocean transportation was used and only U.S.-flag vessels
were used for all ocean shipments under the contract;
(3) Ocean transportation was used, and the Contractor had the
written consent of the Contracting Officer for all non-U.S.-flag
ocean transportation; or
(4) Ocean transportation was used and some or all of the
shipments were made on non-U.S.-flag vessels without the written
consent of the Contracting Officer. The Contractor shall describe
these shipments in the following format:
[[Page 48403]]
----------------------------------------------------------------------------------------------------------------
Contract line
Item description items Quantity
----------------------------------------------------------------------------------------------------------------
Total.....................................................
----------------------------------------------------------------------------------------------------------------
(g) If this contract exceeds the simplified acquisition
threshold and the final invoice does not include the required
representation, the Government will reject and return it to the
Contractor as an improper invoice for the purposes of the Prompt
Payment clause of this contract. In the event there has been
unauthorized use of non-U.S.-flag vessels in the performance of this
contract, the Contracting Officer is entitled to equitably adjust
the contract, based on the unauthorized use.
(h) In the award of subcontracts for the types of supplies
described in paragraph (b)(2) of this clause, the Contractor shall
flow down the requirements of this clause as follows:
(1) The Contractor shall insert the substance of this clause,
including this paragraph (h), in subcontracts that exceed the
simplified acquisition threshold in Part 2 of the Federal
Acquisition Regulation.
(2) The Contractor shall insert the substance of paragraphs (a)
through (e) of this clause, and this paragraph (h), in subcontracts
that are at or below the simplified acquisition threshold in Part 2
of the Federal Acquisition Regulation.
(End of clause)]
(c) Transportation of Supplies by Sea--Alternate II. For the
specific prescription for use of Alternate II, see 247.574(b)(3).
Alternate II uses a different paragraph (b) than the basic clause.
TRANSPORTATION OF SUPPLIES BY SEA--ALTERNATE II (DATE)
(a) Definitions. As used in this clause--
(1) ``Components'' means articles, materials, and supplies
incorporated directly into end products at any level of manufacture,
fabrication, or assembly by the Contractor or any subcontractor.
(2) ``Department of Defense'' (DoD) means the Army, Navy, Air
Force, Marine Corps, and defense agencies.
(3) ``Foreign flag vessel'' means any vessel that is not a U.S.-
flag vessel.
(4) ``Ocean transportation'' means any transportation aboard a
ship, vessel, boat, barge, or ferry through international waters.
(5) ``Subcontractor'' means a supplier, materialman,
distributor, or vendor at any level below the prime contractor whose
contractual obligation to perform results from, or is conditioned
upon, award of the prime contract and who is performing any part of
the work or other requirement of the prime contract.
(6) ``Supplies'' means all property, except land and interests
in land, that is clearly identifiable for eventual use by or owned
by the DoD at the time of transportation by sea.
(i) An item is clearly identifiable for eventual use by the DoD
if, for example, the contract documentation contains a reference to
a DoD contract number or a military destination.
(ii) ``Supplies'' includes (but is not limited to) public works;
buildings and facilities; ships; floating equipment and vessels of
every character, type, and description, with parts, subassemblies,
accessories, and equipment; machine tools; material; equipment;
stores of all kinds; end items; construction materials; and
components of the foregoing.
(7) ``U.S.-flag vessel'' means a vessel of the United States or
belonging to the United States, including any vessel registered or
having national status under the laws of the United States.
(b)(1) The Contractor shall use U.S.-flag vessels when
transporting any supplies by sea under this contract.
(2) A subcontractor transporting supplies by sea under this
contract shall use U.S.-flag vessels if the supplies being
transported are--
(i) Noncommercial items; or
(ii) Commercial items that--
(A) The Contractor is reselling or distributing to the
Government without adding value (generally, the Contractor does not
add value to items that it subcontracts for f.o.b. destination
shipment);
(B) Are shipped in direct support of U.S. military contingency
operations, exercises, or forces deployed in humanitarian or
peacekeeping operations; or
(C) Are commissary or exchange cargoes transported outside of
the Defense Transportation System in accordance with 10 U.S.C. 2643
(Note: This contract requires transportation of commissary or
exchange cargoes outside of the Defense Transportation System in
accordance with 10 U.S.C. 2643).
(c) The Contractor and its subcontractors may request that the
Contracting Officer authorize shipment in foreign-flag vessels, or
designate available U.S.-flag vessels, if the Contractor or a
subcontractor believes that--
(1) U.S.-flag vessels are not available for timely shipment;
(2) The freight charges are inordinately excessive or
unreasonable; or
(3) Freight charges are higher than charges to private persons
for transportation of like goods.
(d) The Contractor must submit any request for use of other than
U.S.-flag vessels in writing to the Contracting Officer at least 45
days prior to the sailing date necessary to meet its delivery
schedules. The Contracting Officer will process requests submitted
after such date(s) as expeditiously as possible, but the Contracting
Officer's failure to grant approvals to meet the shipper's sailing
date will not of itself constitute a compensable delay under this or
any other clause of this contract. Requests shall contain at a
minimum--
(1) Type, weight, and cube of cargo;
(2) Required shipping date;
(3) Special handling and discharge requirements;
(4) Loading and discharge points;
(5) Name of shipper and consignee;
(6) Prime contract number; and
(7) A documented description of efforts made to secure U.S.-flag
vessels, including points of contact (with names and telephone
numbers) with at least two U.S.-flag carriers contacted. Copies of
telephone notes, telegraphic and facsimile message or letters will
be sufficient for this purpose.
(e) The Contractor shall, within 30 days after each shipment
covered by this clause, provide the Contracting Officer and the
Maritime Administration, Office of Cargo Preference, U.S. Department
of Transportation, 400 Seventh Street SW., Washington, DC 20590, one
copy of the rated on board vessel operating carrier's ocean bill of
lading, which shall contain the following information:
(1) Prime contract number;
(2) Name of vessel;
(3) Vessel flag of registry;
(4) Date of loading;
(5) Port of loading;
(6) Port of final discharge;
(7) Description of commodity;
(8) Gross weight in pounds and cubic feet if available;
(9) Total ocean freight in U.S. dollars; and
(10) Name of steamship company.
(f) If this contract exceeds the simplified acquisition
threshold, the Contractor shall provide with its final invoice under
this contract a representation that to the best of its knowledge and
belief--
(1) No ocean transportation was used in the performance of this
contract;
(2) Ocean transportation was used and only U.S.-flag vessels
were used for all ocean shipments under the contract;
(3) Ocean transportation was used, and the Contractor had the
written consent of the Contracting Officer for all non-U.S.-flag
ocean transportation; or
(4) Ocean transportation was used and some or all of the
shipments were made on non-U.S.-flag vessels without the written
consent of the Contracting Officer. The Contractor shall describe
these shipments in the following format:
[[Page 48404]]
----------------------------------------------------------------------------------------------------------------
Contract line
Item description items Quantity
----------------------------------------------------------------------------------------------------------------
Total.....................................................
----------------------------------------------------------------------------------------------------------------
(g) If this contract exceeds the simplified acquisition
threshold and the final invoice does not include the required
representation, the Government will reject and return it to the
Contractor as an improper invoice for the purposes of the Prompt
Payment clause of this contract. In the event there has been
unauthorized use of non-U.S.-flag vessels in the performance of this
contract, the Contracting Officer is entitled to equitably adjust
the contract, based on the unauthorized use.
(h) In the award of subcontracts for the types of supplies
described in paragraph (b)(2) of this clause, the Contractor shall
flow down the requirements of this clause as follows:
(1) The Contractor shall insert the substance of this clause,
including this paragraph (h), in subcontracts that exceed the
simplified acquisition threshold in Part 2 of the Federal
Acquisition Regulation.
(2) The Contractor shall insert the substance of paragraphs (a)
through (e) of this clause, and this paragraph (h), in subcontracts
that are at or below the simplified acquisition threshold in Part 2
of the Federal Acquisition Regulation.
(End of clause)
[FR Doc. 2013-18972 Filed 8-7-13; 8:45 am]
BILLING CODE 5001-06-P