Defense Federal Acquisition Regulation Supplement: Clauses With Alternates-Quality Assurance (DFARS Case 2013-D004), 48407-48410 [2013-19021]
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Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Proposed Rules
estimated amount of additional funds that
will be required for the timely performance
of the item(s) funded pursuant to this clause,
for a subsequent period as may be specified
in the allotment schedule in paragraph (j) of
this clause or otherwise agreed to by the
parties. If after such notification additional
funds are not allotted by the date identified
in the Contractor’s notification, or by an
agreed substitute date, the Contracting
Officer will terminate any item(s) for which
additional funds have not been allotted,
pursuant to the clause of this contract
entitled ‘‘Termination for Convenience of the
Government.’’
(d) When additional funds are allotted for
continued performance of the contract line
item(s) identified in paragraph (a) of this
clause, the parties will agree as to the period
of contract performance which will be
covered by the funds. The provisions of
paragraphs (b) through (d) of this clause will
apply in like manner to the additional
allotted funds and agreed substitute date, and
the contract will be modified accordingly.
(e) If, solely by reason of failure of the
Government to allot additional funds, by the
dates indicated below, in amounts sufficient
for timely performance of the contract line
item(s) identified in paragraph (a) of this
clause, the Contractor incurs additional costs
or is delayed in the performance of the work
under this contract and if additional funds
are allotted, an equitable adjustment will be
made in the price or prices (including
appropriate target, billing, and ceiling prices
where applicable) of the item(s), or in the
time of delivery, or both. Failure to agree to
any such equitable adjustment hereunder
will be a dispute concerning a question of
fact within the meaning of the clause entitled
‘‘Disputes.’’
(f) The Government may at any time prior
to termination allot additional funds for the
performance of the contract line item(s)
identified in paragraph (a) of this clause.
(g) The termination provisions of this
clause do not limit the rights of the
Government under the clause entitled
‘‘Default.’’ The provisions of this clause are
limited to the work and allotment of funds
for the contract line item(s) set forth in
paragraph (a) of this clause. This clause no
longer applies once the contract is fully
funded except with regard to the rights or
obligations of the parties concerning
equitable adjustments negotiated under
paragraphs (d) and (e) of this clause.
(h) Nothing in this clause affects the right
of the Government to terminate this contract
pursuant to the clause of this contract
entitled ‘‘Termination for Convenience of the
Government.’’
(i) Nothing in this clause shall be
construed as authorization of voluntary
services whose acceptance is otherwise
prohibited under 31 U.S.C. 1342.
(j) The parties contemplate that the
Government will allot funds to this contract
in accordance with the following schedule:
On execution of contract ........ $lllll
(month) (day), (year) ............... $lllll
(month) (day), (year) ............... $lllll
(month) (day), (year) ............... $lllll
(End of clause)
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* To be inserted after negotiation.
[FR Doc. 2013–18976 Filed 8–7–13; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 246 and 252
RIN 0750–AH95
Defense Federal Acquisition
Regulation Supplement: Clauses With
Alternates—Quality Assurance
(DFARS Case 2013–D004)
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
each set of quality assurance-related
provisions/clauses with one or more
alternates. 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 2013–D004,
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–D004’’
under the heading ‘‘Enter keyword or
ID’’ and selecting ‘‘Search.’’ Select the
link ‘‘Submit a Comment’’ that
corresponds with ‘‘DFARS Case 2013–
D004.’’ Follow the instructions provided
at the ‘‘Submit a Comment’’ screen.
Please include your name, company
name (if any), and ‘‘DFARS Case 2013–
D004’’ on your attached document.
Æ Email: dfars@osd.mil. Include
DFARS Case 2013–D004 in the subject
line of the message.
Æ Fax: 571–372–6094.
Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. Susan
Williams, 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
SUMMARY:
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48407
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: Ms.
Susan Williams, Defense Acquisition
Regulations System,
OUSD(AT&L)DPAP/DARS, Room
3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Telephone 571–372–6092; facsimile
571–372–6101.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is proposing to revise the DFARS
to create an overarching prescription for
the quality assurance clause with two
alternates. The rule also proposes to add
a separate prescription for the basic
clause as well as each alternate. For
clarity, the preface of each alternate will
continue to explain what portions of
that alternate are different from the
basic clause.
Separate prescriptions for the basic
and alternates of DFARS 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 clauses or their
alternates.
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 each 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., ‘‘Warranty of
Data—Alternate I’’ in lieu of ‘‘Alternate
I.’’
II. Discussion
This proposed rule addresses only the
single DFARS part 246 clause that has
alternates. The remaining prescriptions
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in part 246 are not proposed to be
changed in any way by this rule. The
affected clause is 252.246–7001,
Warranty of Data, with two alternates.
The naming convention results in
proposed new clause titles, e.g.,
Warranty of Data—Basic and Warranty
of Data—Alternate I.
An umbrella prescription is proposed
to be added for the elements common to
the basic clause and both alternates. The
specific prescription for the basic clause
and each alternate would then address
only the requirements for their use that
enable the selection of the basic or one
of the alternates. For example, the
revised prescription for Warranty of
Data—Alternate I would read as follows:
‘‘Use the clause at 252.246–7001,
Warranty of Data—Alternate I, in fixedprice incentive solicitations and
contracts.’’ The planned changes will
increase the clarity and ease of use, but
will not revise the applicability in any
way. The text of the current DFARS
252.246–7001, Alternate I, would no
longer consist solely of paragraph (d)(3),
but would include the entire text of
DFARS 252.246–7001 (basic clause)
with the revised paragraph (d)(3)
substituted for the corresponding
paragraph of the basic clause.
Inapplicable paragraphs from the basic
version of the clause that are superseded
by the alternate will not be included in
the solicitation or contract in order to
prevent confusion.
Further, this proposed rule would
also revise the applicable preface, i.e.,
the language in part 252 that precedes
a provision, clause, or alternate. The
proposed rule would replace the current
preface language with a statement that
identifies the specific changes from the
basic version of the solicitations
provision or clause.
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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.
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IV. Regulatory Flexibility Act
DoD does not expect this proposed
rule to have a significant economic
impact on a substantial number of small
entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq., because it merely revises the
prescriptions for solicitation provisions
and clauses with alternates to be
unique, 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 proposed rule is
to amend the Defense Federal
Acquisition Regulation Supplement
(DFARS) to create unique prescriptions
for the basic version and each alternate
of DFARS part 246 solicitations
provisions and clauses, and to include
the full text of each clause alternate.
The use of automated contract writing
systems will be facilitated by having
unique prescriptions for the basic
version and each alternate of DFARS
solicitations provisions and clauses. The
current convention requires the
prescription for the basic provision or
clause to address all the possibilities
covered by the alternates, and then the
prescription for each alternate addresses
only what is different for the use of that
particular alternate. This rule will revise
the prescriptions, so that the basic
solicitation provision or clause and each
alternate is unique and stands on its
own. The prescriptions will not be
revised in any way to change when they
are applicable to offerors, contractors, or
subcontractors.
Additionally, the inclusion of the full
text of each provision or clause alternate
aims to make the terms of a provision
or clause alternate clearer to offerors, as
well as to DoD contracting officers.
Instead of the current convention for
alternates to show only paragraphs
changed from the basic version of the
provision or clause, this rule proposes
to include the full text of each version
of the clause. This will assist in making
the terms of the clause clearer, because
all paragraph substitutions will have
already been made. Inapplicable
paragraphs from the basic version of the
clause that are superseded by the
alternate are not included in the
solicitation or contract to prevent
confusion.
Potential offerors, including small
businesses, may be affected by this rule
by seeing an unfamiliar format for
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
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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 clause
alternates are presented in the
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 the 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 version of
the clause, and not requiring the
contractors to read inapplicable
paragraphs contained in the basic
version of the clause 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 identified 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
U.S.C. 610 (DFARS Case 2013–D004), 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 246 and
252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 246 and 252
are proposed to be amended as follows:
■ 1. The authority citation for parts 246
and 252 continue to read as follows:
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Authority: 41 U.S.C. 1303 and 48 CFR
Chapter 1.
PART 246—QUALITY ASSURANCE
2. Revise section 246.710 to read as
follows:
■
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246.710
Contract clauses.
(a) Use a clause substantially the same
as the basic or one of the alternates of
the clause at 252.246–7001, Warranty of
Data, in solicitations and contracts that
include the clause at 252.227–7013,
Rights in Technical Data and Computer
Software, when there is a need for
greater protection or period of liability
than provided by the inspection and
warranty clauses prescribed in FAR part
46.
(1) Use the clause at 252.246–7001,
Warranty of Data—Basic, in solicitations
and contracts that are not firm-fixed
price or fixed-price incentive.
(2) Use the clause at 252.246–7001,
Warranty of Data—Alternate I, in fixedprice-incentive solicitations and
contracts.
(3) Use the clause at 252.246–7001,
Warranty of Data—Alternate II, in firmfixed-price solicitations and contracts.
(b) Use the clause at 252.246–7002,
Warranty of Construction (Germany),
instead of the clause at FAR 52.246–21,
Warranty of Construction, in
solicitations and contracts for
construction when a fixed-price contract
will be awarded and contract
performance will be in Germany.
(c)(1) In addition to 252.211–7003,
Item Identification and Valuation,
which is prescribed in 211.274–6(a), use
the following provision and clause in
solicitations and contracts when it is
anticipated that the resulting contract
will include a warranty for serialized
items:
(i) 252.246–7005, Notice of Warranty
Tracking of Serialized Items (include
only if offerors will be required to enter
data with the offer); and
(ii) 252.246–7006, Warranty Tracking
of Serialized Items.
(2) If the Government specifies a
warranty, include in the solicitation the
appropriate warranty attachment from
DFARS 246.710–70. The contracting
officer shall request the requiring
activity to provide information to ensure
that Attachment ll, Warranty
Tracking Information, is populated with
data specifying the Government’s
required warranty provision by contract
line item number, subline item number,
or exhibit line item number prior to
solicitation. In such case do not include
252.246–7005 in the solicitation.
(3) If the Government does not specify
a warranty, include 252.246–7005 in the
solicitation, and the warranty
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attachment from DFARS 246.710–70.
The contractor may offer a warranty and
shall then populate Attachment ll,
Warranty Tracking Information, as
appropriate, as part of its offer as
required by 252.246–7005.
(4) All warranty tracking information
that is indicated with a single asterisk
(*) in Attachment ll, Warranty
Tracking Information, shall be
completed prior to award. Data
indicated with two asterisks (**) may be
completed at the time of award. Data
indicated with three asterisks (***) may
be completed at or after the time of
award.
(5) The contractor shall provide
warranty repair source instructions (as
prescribed in the attachment) no later
than the time of delivery.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
3. Revise section 252.246–7001 to
read as follows:
■
252.246–7001
Warranty of Data.
As prescribed in 246.710(1), use one
of the following clauses:
(a) Warranty of Data—Basic. For the
specific prescription for use of the basic
clause, see 246.710(1)(i).
WARRANTY OF DATA—BASIC (DATE)
(a) Definition. ‘‘Technical data’’ has the
same meaning as given in the clause in this
contract entitled, Rights in Technical Data
and Computer Software.
(b) Warranty. Notwithstanding inspection
and acceptance by the Government of
technical data furnished under this contract,
and notwithstanding any provision of this
contract concerning the conclusiveness of
acceptance, the Contractor warrants that all
technical data delivered under this contract
will at the time of delivery conform with the
specifications and all other requirements of
this contract. The warranty period shall
extend for three years after completion of the
delivery of the line item of data (as identified
in DD Form 1423, Contract Data
Requirements List) of which the data forms
a part; or any longer period specified in the
contract.
(c) Contractor Notification. The Contractor
agrees to notify the Contracting Officer in
writing immediately of any breach of the
above warranty which the Contractor
discovers within the warranty period.
(d) Remedies. The following remedies shall
apply to all breaches of the warranty,
whether the Contractor notifies the
Contracting Officer in accordance with
paragraph (c) of this clause or if the
Government notifies the Contractor of the
breach in writing within the warranty period:
(1) Within a reasonable time after such
notification, the Contracting Officer may—
(i) By written notice, direct the Contractor
to correct or replace at the Contractor’s
expense the nonconforming technical data
promptly; or
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(ii) If the Contracting Officer determines
that the Government no longer has a
requirement for correction or replacement of
the data, or that the data can be more
reasonably corrected by the Government,
inform the Contractor by written notice that
the Government elects a price or fee
adjustment instead of correction or
replacement.
(2) If the Contractor refuses or fails to
comply with a direction under paragraph
(d)(1)(i) of this clause, the Contracting Officer
may, within a reasonable time of the refusal
or failure—
(i) By contract or otherwise, correct or
replace the nonconforming technical data
and charge the cost to the Contractor; or
(ii) Elect a price or fee adjustment instead
of correction or replacement.
(3) The remedies in this clause represent
the only way to enforce the Government’s
rights under this clause.
(e) The provisions of this clause apply
anew to that portion of any corrected or
replaced technical data furnished to the
Government under paragraph (d)(1)(i) of this
clause.
(End of clause)
(b) Warranty of Data—Alternate I. For
the specific prescription for use of
Alternate I, see 246.710(1)(ii). Alternate
I uses a different paragraph (d)(3) than
the basic clause.
WARRANTY OF DATA—ALTERNATE I
(DATE)
(a) Definition. ‘‘Technical data’’ has the
same meaning as given in the clause in this
contract entitled, Rights in Technical Data
and Computer Software.
(b) Warranty. Notwithstanding inspection
and acceptance by the Government of
technical data furnished under this contract,
and notwithstanding any provision of this
contract concerning the conclusiveness of
acceptance, the Contractor warrants that all
technical data delivered under this contract
will at the time of delivery conform with the
specifications and all other requirements of
this contract. The warranty period shall
extend for three years after completion of the
delivery of the line item of data (as identified
in DD Form 1423, Contract Data
Requirements List) of which the data forms
a part; or any longer period specified in the
contract.
(c) Contractor Notification. The Contractor
agrees to notify the Contracting Officer in
writing immediately of any breach of the
above warranty which the Contractor
discovers within the warranty period.
(d) Remedies. The following remedies shall
apply to all breaches of the warranty,
whether the Contractor notifies the
Contracting Officer in accordance with
paragraph (c) of this clause or if the
Government notifies the Contractor of the
breach in writing within the warranty period:
(1) Within a reasonable time after such
notification, the Contracting Officer may—
(i) By written notice, direct the Contractor
to correct or replace at the Contractor’s
expense the nonconforming technical data
promptly; or
(ii) If the Contracting Officer determines
that the Government no longer has a
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requirement for correction or replacement of
the data, or that the data can be more
reasonably corrected by the Government,
inform the Contractor by written notice that
the Government elects a price or fee
adjustment instead of correction or
replacement.
(2) If the Contractor refuses or fails to
comply with a direction under paragraph
(d)(1)(i) of this clause, the Contracting Officer
may, within a reasonable time of the refusal
or failure—
(i) By contract or otherwise, correct or
replace the nonconforming technical data
and charge the cost to the Contractor; or
(ii) Elect a price or fee adjustment instead
of correction or replacement.
(3) In addition to the remedies under
paragraphs (d)(1) and (2) of this clause, the
Contractor shall be liable to the Government
for all damages to the Government as a result
of the breach of warranty.
(i) The additional liability under paragraph
(d)(3) of this clause shall not exceed 75
percent of the target profit.
(ii) if the breach of the warranty is with
respect to the data supplied by an equipment
subcontractor, the limit of the Contractor’s
liability shall be—
(A) Ten percent of the total subcontract
price in a firm fixed price subcontract;
(B) Seventy-five percent of the total
subcontract fee in a cost-plus-fixed-fee or
cost-plus-award-fee subcontract; or
(C) Seventy-five percent of the total
subcontract target profit or fee in a fixedprice or cost-plus-incentive-type contract.
(iii) Damages due the Government under
the provisions of this warranty are not an
allowable cost.
(iv) The additional liability in paragraph
(d)(3) of this clause shall not apply—
(A) With respect to the requirements for
product drawings and associated lists,
special inspection equipment (SIE) drawings
and associated lists, special tooling drawings
and associated lists, SIE operating
instructions, SIE descriptive documentation,
and SIE calibration procedures under MIL–
T–31000, General Specification for Technical
Data Packages, Amendment 1, or MIL–T–
47500, General Specification for Technical
Data Packages, Supp 1, or drawings and
associated lists under level 2 or level 3 of
MIL–D–1000A, Engineering and Associated
Data Drawings, or DoD–D–1000B,
Engineering and Associated Lists Drawings
(Inactive for New Design) Amendment 4,
Notice 1; or drawings and associated lists
under category E or I of MIL–D–1000,
Engineering and Associated Lists Drawings,
provided that the data furnished by the
Contractor was current, accurate at time of
submission, and did not involve a significant
omission of data necessary to comply with
the requirements; or
(B) To defects the Contractor discovers and
gives written notice to the Government before
the Government discovers the error.
(4) The provisions of this clause apply
anew to that portion of any corrected or
replaced technical data furnished to the
Government under paragraph (d)(1)(i) of this
clause.
(End of clause)
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(c) Warranty of Data—Alternate II.
For the specific prescription for use of
Alternate II, see 246.710(1)(iii).
Alternate II uses a different paragraph
(d)(3) than the basic clause.
WARRANTY OF DATA—ALTERNATE II
(DATE)
(a) Definition. ‘‘Technical data’’ has the
same meaning as given in the clause in this
contract entitled, Rights in Technical Data
and Computer Software.
(b) Warranty. Notwithstanding inspection
and acceptance by the Government of
technical data furnished under this contract,
and notwithstanding any provision of this
contract concerning the conclusiveness of
acceptance, the Contractor warrants that all
technical data delivered under this contract
will at the time of delivery conform with the
specifications and all other requirements of
this contract. The warranty period shall
extend for three years after completion of the
delivery of the line item of data (as identified
in DD Form 1423, Contract Data
Requirements List) of which the data forms
a part; or any longer period specified in the
contract.
(c) Contractor Notification. The Contractor
agrees to notify the Contracting Officer in
writing immediately of any breach of the
above warranty which the Contractor
discovers within the warranty period.
(d) Remedies. The following remedies shall
apply to all breaches of the warranty,
whether the Contractor notifies the
Contracting Officer in accordance with
paragraph (c) of this clause or if the
Government notifies the Contractor of the
breach in writing within the warranty period:
(1) Within a reasonable time after such
notification, the Contracting Officer may—
(i) By written notice, direct the Contractor
to correct or replace at the Contractor’s
expense the nonconforming technical data
promptly; or
(ii) If the Contracting Officer determines
that the Government no longer has a
requirement for correction or replacement of
the data, or that the data can be more
reasonably corrected by the Government,
inform the Contractor by written notice that
the Government elects a price or fee
adjustment instead of correction or
replacement.
(2) If the Contractor refuses or fails to
comply with a direction under paragraph
(d)(1)(i) of this clause, the Contracting Officer
may, within a reasonable time of the refusal
or failure—
(i) By contract or otherwise, correct or
replace the nonconforming technical data
and charge the cost to the Contractor; or
(ii) Elect a price or fee adjustment instead
of correction or replacement.
(3) In addition to the remedies under
paragraphs (d)(1) and (2) of this clause, the
Contractor shall be liable to the Government
for all damages to the Government as a result
of the breach of the warranty.
(i) The additional liability under paragraph
(d)(3) of this clause shall not exceed ten
percent of the total contract price.
(ii) If the breach of the warranty is with
respect to the data supplied by an equipment
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subcontractor, the limit of the Contractor’s
liability shall be—
(A) Ten percent of the total subcontract
price in a firm fixed-price subcontract;
(B) Seventy-five percent of the total
subcontract fee in a cost-plus-fixed-fee or
cost-plus-award-fee subcontract; or
(C) Seventy-five percent of the total
subcontract target profit or fee in a fixedprice or cost-plus-incentive-type contract.
(iii) The additional liability specified in
paragraph (d)(3) of this clause shall not
apply—
(A) With respect to the requirements for
product drawings and associated lists,
special inspection equipment (SIE) drawings
and associated lists, special tooling drawings
and associated lists, SIE operating
instructions, SIE descriptive documentation,
and SIE calibration procedures under MIL–
T–31000, General Specification for Technical
Data Packages, Amendment 1, or MIL–T–
47500, General Specification for Technical
Data Packages, Supp 1, or drawings and
associated lists under level 2 or level 3 of
MIL–D–1000A, Engineering and Associated
Data Drawings, or DoD–D–1000B,
Engineering and Associated Lists Drawings
(Inactive for New Design) Amendment 4,
Notice 1; or drawings and associated lists
under category E or I of MIL–D–1000,
Engineering and Associated Lists Drawings,
provided that the data furnished by the
Contractor was current, accurate at time of
submission, and did not involve a significant
omission of data necessary to comply with
the requirements; or
(B) To defects the Contractor discovers and
gives written notice to the Government before
the Government discovers the error.
(4) The provisions of this clause apply
anew to that portion of any corrected or
replaced technical data furnished to the
Government under paragraph (d)(1)(i) of this
clause.
(End of clause)
252.246–7002
[Amended]
4. Amend introductory text of section
252.246–7002 by removing ‘‘As
prescribed in 246.710(4)’’ and adding
‘‘As prescribed in 246.710(2)’’ in its
place.
■
252.246–7005
[Amended]
5. Amend introductory text of section
252.246–7005 by removing ‘‘As
prescribed in 246.710(5)(i)(A)’’ and
adding ‘‘As prescribed in
246.710(3)(i)(A)’’ in its place.
■
252.246–7006
[Amended]
6. Amend introductory text of section
252.246–7006 by removing ‘‘As
prescribed in 246.710(5)(i)(B)’’ and
adding ‘‘As prescribed in
246.710(3)(i)(B)’’ in its place.
■
[FR Doc. 2013–19021 Filed 8–7–13; 8:45 am]
BILLING CODE 5001–06–P
E:\FR\FM\08AUP1.SGM
08AUP1
Agencies
[Federal Register Volume 78, Number 153 (Thursday, August 8, 2013)]
[Proposed Rules]
[Pages 48407-48410]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19021]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 246 and 252
RIN 0750-AH95
Defense Federal Acquisition Regulation Supplement: Clauses With
Alternates--Quality Assurance (DFARS Case 2013-D004)
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 quality assurance-related provisions/clauses with one or
more alternates. 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 2013-D004, using
any of the following methods:
[cir] Regulations.gov: https://www.regulations.gov. Submit comments
via the Federal eRulemaking portal by entering ``DFARS Case 2013-D004''
under the heading ``Enter keyword or ID'' and selecting ``Search.''
Select the link ``Submit a Comment'' that corresponds with ``DFARS Case
2013-D004.'' Follow the instructions provided at the ``Submit a
Comment'' screen. Please include your name, company name (if any), and
``DFARS Case 2013-D004'' on your attached document.
[cir] Email: dfars@osd.mil. Include DFARS Case 2013-D004 in the
subject line of the message.
[cir] Fax: 571-372-6094.
[cir] Mail: Defense Acquisition Regulations System, Attn: Ms. Susan
Williams, 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. Susan Williams, Defense
Acquisition Regulations System, OUSD(AT&L)DPAP/DARS, Room 3B855, 3060
Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-6092;
facsimile 571-372-6101.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is proposing to revise the DFARS to create an overarching
prescription for the quality assurance clause with two alternates. The
rule also proposes to add a separate prescription for the basic clause
as well as each alternate. For clarity, the preface of each alternate
will continue to explain what portions of that alternate are different
from the basic clause.
Separate prescriptions for the basic and alternates of DFARS
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 clauses or their alternates.
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 each 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., ``Warranty of Data--Alternate I'' in
lieu of ``Alternate I.''
II. Discussion
This proposed rule addresses only the single DFARS part 246 clause
that has alternates. The remaining prescriptions
[[Page 48408]]
in part 246 are not proposed to be changed in any way by this rule. The
affected clause is 252.246-7001, Warranty of Data, with two alternates.
The naming convention results in proposed new clause titles, e.g.,
Warranty of Data--Basic and Warranty of Data--Alternate I.
An umbrella prescription is proposed to be added for the elements
common to the basic clause and both alternates. The specific
prescription for the basic clause and each alternate would then address
only the requirements for their use that enable the selection of the
basic or one of the alternates. For example, the revised prescription
for Warranty of Data--Alternate I would read as follows: ``Use the
clause at 252.246-7001, Warranty of Data--Alternate I, in fixed-price
incentive solicitations and contracts.'' The planned changes will
increase the clarity and ease of use, but will not revise the
applicability in any way. The text of the current DFARS 252.246-7001,
Alternate I, would no longer consist solely of paragraph (d)(3), but
would include the entire text of DFARS 252.246-7001 (basic clause) with
the revised paragraph (d)(3) substituted for the corresponding
paragraph of the basic clause. Inapplicable paragraphs from the basic
version of the clause that are superseded by the alternate will not be
included in the solicitation or contract in order to prevent confusion.
Further, this proposed rule would also revise the applicable
preface, i.e., the language in part 252 that precedes a provision,
clause, or alternate. The proposed rule would replace the current
preface language with a statement that identifies the specific changes
from the basic version of the solicitations provision or clause.
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 proposed rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because it merely revises the prescriptions for solicitation provisions
and clauses with alternates to be unique, 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 proposed rule is to amend the Defense Federal
Acquisition Regulation Supplement (DFARS) to create unique
prescriptions for the basic version and each alternate of DFARS part
246 solicitations provisions and clauses, and to include the full text
of each clause alternate.
The use of automated contract writing systems will be facilitated
by having unique prescriptions for the basic version and each alternate
of DFARS solicitations provisions and clauses. The current convention
requires the prescription for the basic provision or clause to address
all the possibilities covered by the alternates, and then the
prescription for each alternate addresses only what is different for
the use of that particular alternate. This rule will revise the
prescriptions, so that the basic solicitation provision or clause and
each alternate is unique and stands on its own. The prescriptions will
not be revised in any way to change when they are applicable to
offerors, contractors, or subcontractors.
Additionally, the inclusion of the full text of each provision or
clause alternate aims to make the terms of a provision or clause
alternate clearer to offerors, as well as to DoD contracting officers.
Instead of the current convention for alternates to show only
paragraphs changed from the basic version of the provision or clause,
this rule proposes to include the full text of each version of the
clause. This will assist in making the terms of the clause clearer,
because all paragraph substitutions will have already been made.
Inapplicable paragraphs from the basic version of the clause that are
superseded by the alternate are not included in the solicitation or
contract to prevent confusion.
Potential offerors, including small businesses, may be affected by
this rule by seeing an unfamiliar format for 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 clause alternates
are presented in the 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 the 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 version of the clause, and not requiring the contractors to read
inapplicable paragraphs contained in the basic version of the clause
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 identified 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 U.S.C. 610 (DFARS Case 2013-D004), 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 246 and 252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 246 and 252 are proposed to be amended as
follows:
0
1. The authority citation for parts 246 and 252 continue to read as
follows:
[[Page 48409]]
Authority: 41 U.S.C. 1303 and 48 CFR Chapter 1.
PART 246--QUALITY ASSURANCE
0
2. Revise section 246.710 to read as follows:
246.710 Contract clauses.
(a) Use a clause substantially the same as the basic or one of the
alternates of the clause at 252.246-7001, Warranty of Data, in
solicitations and contracts that include the clause at 252.227-7013,
Rights in Technical Data and Computer Software, when there is a need
for greater protection or period of liability than provided by the
inspection and warranty clauses prescribed in FAR part 46.
(1) Use the clause at 252.246-7001, Warranty of Data--Basic, in
solicitations and contracts that are not firm-fixed price or fixed-
price incentive.
(2) Use the clause at 252.246-7001, Warranty of Data--Alternate I,
in fixed-price-incentive solicitations and contracts.
(3) Use the clause at 252.246-7001, Warranty of Data--Alternate II,
in firm-fixed-price solicitations and contracts.
(b) Use the clause at 252.246-7002, Warranty of Construction
(Germany), instead of the clause at FAR 52.246-21, Warranty of
Construction, in solicitations and contracts for construction when a
fixed-price contract will be awarded and contract performance will be
in Germany.
(c)(1) In addition to 252.211-7003, Item Identification and
Valuation, which is prescribed in 211.274-6(a), use the following
provision and clause in solicitations and contracts when it is
anticipated that the resulting contract will include a warranty for
serialized items:
(i) 252.246-7005, Notice of Warranty Tracking of Serialized Items
(include only if offerors will be required to enter data with the
offer); and
(ii) 252.246-7006, Warranty Tracking of Serialized Items.
(2) If the Government specifies a warranty, include in the
solicitation the appropriate warranty attachment from DFARS 246.710-70.
The contracting officer shall request the requiring activity to provide
information to ensure that Attachment ----, Warranty Tracking
Information, is populated with data specifying the Government's
required warranty provision by contract line item number, subline item
number, or exhibit line item number prior to solicitation. In such case
do not include 252.246-7005 in the solicitation.
(3) If the Government does not specify a warranty, include 252.246-
7005 in the solicitation, and the warranty attachment from DFARS
246.710-70. The contractor may offer a warranty and shall then populate
Attachment ----, Warranty Tracking Information, as appropriate, as part
of its offer as required by 252.246-7005.
(4) All warranty tracking information that is indicated with a
single asterisk (*) in Attachment ----, Warranty Tracking Information,
shall be completed prior to award. Data indicated with two asterisks
(**) may be completed at the time of award. Data indicated with three
asterisks (***) may be completed at or after the time of award.
(5) The contractor shall provide warranty repair source
instructions (as prescribed in the attachment) no later than the time
of delivery.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. Revise section 252.246-7001 to read as follows:
252.246-7001 Warranty of Data.
As prescribed in 246.710(1), use one of the following clauses:
(a) Warranty of Data--Basic. For the specific prescription for use
of the basic clause, see 246.710(1)(i).
WARRANTY OF DATA--BASIC (DATE)
(a) Definition. ``Technical data'' has the same meaning as given
in the clause in this contract entitled, Rights in Technical Data
and Computer Software.
(b) Warranty. Notwithstanding inspection and acceptance by the
Government of technical data furnished under this contract, and
notwithstanding any provision of this contract concerning the
conclusiveness of acceptance, the Contractor warrants that all
technical data delivered under this contract will at the time of
delivery conform with the specifications and all other requirements
of this contract. The warranty period shall extend for three years
after completion of the delivery of the line item of data (as
identified in DD Form 1423, Contract Data Requirements List) of
which the data forms a part; or any longer period specified in the
contract.
(c) Contractor Notification. The Contractor agrees to notify the
Contracting Officer in writing immediately of any breach of the
above warranty which the Contractor discovers within the warranty
period.
(d) Remedies. The following remedies shall apply to all breaches
of the warranty, whether the Contractor notifies the Contracting
Officer in accordance with paragraph (c) of this clause or if the
Government notifies the Contractor of the breach in writing within
the warranty period:
(1) Within a reasonable time after such notification, the
Contracting Officer may--
(i) By written notice, direct the Contractor to correct or
replace at the Contractor's expense the nonconforming technical data
promptly; or
(ii) If the Contracting Officer determines that the Government
no longer has a requirement for correction or replacement of the
data, or that the data can be more reasonably corrected by the
Government, inform the Contractor by written notice that the
Government elects a price or fee adjustment instead of correction or
replacement.
(2) If the Contractor refuses or fails to comply with a
direction under paragraph (d)(1)(i) of this clause, the Contracting
Officer may, within a reasonable time of the refusal or failure--
(i) By contract or otherwise, correct or replace the
nonconforming technical data and charge the cost to the Contractor;
or
(ii) Elect a price or fee adjustment instead of correction or
replacement.
(3) The remedies in this clause represent the only way to
enforce the Government's rights under this clause.
(e) The provisions of this clause apply anew to that portion of
any corrected or replaced technical data furnished to the Government
under paragraph (d)(1)(i) of this clause.
(End of clause)
(b) Warranty of Data--Alternate I. For the specific prescription
for use of Alternate I, see 246.710(1)(ii). Alternate I uses a
different paragraph (d)(3) than the basic clause.
WARRANTY OF DATA--ALTERNATE I (DATE)
(a) Definition. ``Technical data'' has the same meaning as given
in the clause in this contract entitled, Rights in Technical Data
and Computer Software.
(b) Warranty. Notwithstanding inspection and acceptance by the
Government of technical data furnished under this contract, and
notwithstanding any provision of this contract concerning the
conclusiveness of acceptance, the Contractor warrants that all
technical data delivered under this contract will at the time of
delivery conform with the specifications and all other requirements
of this contract. The warranty period shall extend for three years
after completion of the delivery of the line item of data (as
identified in DD Form 1423, Contract Data Requirements List) of
which the data forms a part; or any longer period specified in the
contract.
(c) Contractor Notification. The Contractor agrees to notify the
Contracting Officer in writing immediately of any breach of the
above warranty which the Contractor discovers within the warranty
period.
(d) Remedies. The following remedies shall apply to all breaches
of the warranty, whether the Contractor notifies the Contracting
Officer in accordance with paragraph (c) of this clause or if the
Government notifies the Contractor of the breach in writing within
the warranty period:
(1) Within a reasonable time after such notification, the
Contracting Officer may--
(i) By written notice, direct the Contractor to correct or
replace at the Contractor's expense the nonconforming technical data
promptly; or
(ii) If the Contracting Officer determines that the Government
no longer has a
[[Page 48410]]
requirement for correction or replacement of the data, or that the
data can be more reasonably corrected by the Government, inform the
Contractor by written notice that the Government elects a price or
fee adjustment instead of correction or replacement.
(2) If the Contractor refuses or fails to comply with a
direction under paragraph (d)(1)(i) of this clause, the Contracting
Officer may, within a reasonable time of the refusal or failure--
(i) By contract or otherwise, correct or replace the
nonconforming technical data and charge the cost to the Contractor;
or
(ii) Elect a price or fee adjustment instead of correction or
replacement.
(3) In addition to the remedies under paragraphs (d)(1) and (2)
of this clause, the Contractor shall be liable to the Government for
all damages to the Government as a result of the breach of warranty.
(i) The additional liability under paragraph (d)(3) of this
clause shall not exceed 75 percent of the target profit.
(ii) if the breach of the warranty is with respect to the data
supplied by an equipment subcontractor, the limit of the
Contractor's liability shall be--
(A) Ten percent of the total subcontract price in a firm fixed
price subcontract;
(B) Seventy-five percent of the total subcontract fee in a cost-
plus-fixed-fee or cost-plus-award-fee subcontract; or
(C) Seventy-five percent of the total subcontract target profit
or fee in a fixed-price or cost-plus-incentive-type contract.
(iii) Damages due the Government under the provisions of this
warranty are not an allowable cost.
(iv) The additional liability in paragraph (d)(3) of this clause
shall not apply--
(A) With respect to the requirements for product drawings and
associated lists, special inspection equipment (SIE) drawings and
associated lists, special tooling drawings and associated lists, SIE
operating instructions, SIE descriptive documentation, and SIE
calibration procedures under MIL-T-31000, General Specification for
Technical Data Packages, Amendment 1, or MIL-T-47500, General
Specification for Technical Data Packages, Supp 1, or drawings and
associated lists under level 2 or level 3 of MIL-D-1000A,
Engineering and Associated Data Drawings, or DoD-D-1000B,
Engineering and Associated Lists Drawings (Inactive for New Design)
Amendment 4, Notice 1; or drawings and associated lists under
category E or I of MIL-D-1000, Engineering and Associated Lists
Drawings, provided that the data furnished by the Contractor was
current, accurate at time of submission, and did not involve a
significant omission of data necessary to comply with the
requirements; or
(B) To defects the Contractor discovers and gives written notice
to the Government before the Government discovers the error.
(4) The provisions of this clause apply anew to that portion of
any corrected or replaced technical data furnished to the Government
under paragraph (d)(1)(i) of this clause.
(End of clause)
(c) Warranty of Data--Alternate II. For the specific prescription
for use of Alternate II, see 246.710(1)(iii). Alternate II uses a
different paragraph (d)(3) than the basic clause.
WARRANTY OF DATA--ALTERNATE II (DATE)
(a) Definition. ``Technical data'' has the same meaning as given
in the clause in this contract entitled, Rights in Technical Data
and Computer Software.
(b) Warranty. Notwithstanding inspection and acceptance by the
Government of technical data furnished under this contract, and
notwithstanding any provision of this contract concerning the
conclusiveness of acceptance, the Contractor warrants that all
technical data delivered under this contract will at the time of
delivery conform with the specifications and all other requirements
of this contract. The warranty period shall extend for three years
after completion of the delivery of the line item of data (as
identified in DD Form 1423, Contract Data Requirements List) of
which the data forms a part; or any longer period specified in the
contract.
(c) Contractor Notification. The Contractor agrees to notify the
Contracting Officer in writing immediately of any breach of the
above warranty which the Contractor discovers within the warranty
period.
(d) Remedies. The following remedies shall apply to all breaches
of the warranty, whether the Contractor notifies the Contracting
Officer in accordance with paragraph (c) of this clause or if the
Government notifies the Contractor of the breach in writing within
the warranty period:
(1) Within a reasonable time after such notification, the
Contracting Officer may--
(i) By written notice, direct the Contractor to correct or
replace at the Contractor's expense the nonconforming technical data
promptly; or
(ii) If the Contracting Officer determines that the Government
no longer has a requirement for correction or replacement of the
data, or that the data can be more reasonably corrected by the
Government, inform the Contractor by written notice that the
Government elects a price or fee adjustment instead of correction or
replacement.
(2) If the Contractor refuses or fails to comply with a
direction under paragraph (d)(1)(i) of this clause, the Contracting
Officer may, within a reasonable time of the refusal or failure--
(i) By contract or otherwise, correct or replace the
nonconforming technical data and charge the cost to the Contractor;
or
(ii) Elect a price or fee adjustment instead of correction or
replacement.
(3) In addition to the remedies under paragraphs (d)(1) and (2)
of this clause, the Contractor shall be liable to the Government for
all damages to the Government as a result of the breach of the
warranty.
(i) The additional liability under paragraph (d)(3) of this
clause shall not exceed ten percent of the total contract price.
(ii) If the breach of the warranty is with respect to the data
supplied by an equipment subcontractor, the limit of the
Contractor's liability shall be--
(A) Ten percent of the total subcontract price in a firm fixed-
price subcontract;
(B) Seventy-five percent of the total subcontract fee in a cost-
plus-fixed-fee or cost-plus-award-fee subcontract; or
(C) Seventy-five percent of the total subcontract target profit
or fee in a fixed-price or cost-plus-incentive-type contract.
(iii) The additional liability specified in paragraph (d)(3) of
this clause shall not apply--
(A) With respect to the requirements for product drawings and
associated lists, special inspection equipment (SIE) drawings and
associated lists, special tooling drawings and associated lists, SIE
operating instructions, SIE descriptive documentation, and SIE
calibration procedures under MIL-T-31000, General Specification for
Technical Data Packages, Amendment 1, or MIL-T-47500, General
Specification for Technical Data Packages, Supp 1, or drawings and
associated lists under level 2 or level 3 of MIL-D-1000A,
Engineering and Associated Data Drawings, or DoD-D-1000B,
Engineering and Associated Lists Drawings (Inactive for New Design)
Amendment 4, Notice 1; or drawings and associated lists under
category E or I of MIL-D-1000, Engineering and Associated Lists
Drawings, provided that the data furnished by the Contractor was
current, accurate at time of submission, and did not involve a
significant omission of data necessary to comply with the
requirements; or
(B) To defects the Contractor discovers and gives written notice
to the Government before the Government discovers the error.
(4) The provisions of this clause apply anew to that portion of
any corrected or replaced technical data furnished to the Government
under paragraph (d)(1)(i) of this clause.
(End of clause)
252.246-7002 [Amended]
0
4. Amend introductory text of section 252.246-7002 by removing ``As
prescribed in 246.710(4)'' and adding ``As prescribed in 246.710(2)''
in its place.
252.246-7005 [Amended]
0
5. Amend introductory text of section 252.246-7005 by removing ``As
prescribed in 246.710(5)(i)(A)'' and adding ``As prescribed in
246.710(3)(i)(A)'' in its place.
252.246-7006 [Amended]
0
6. Amend introductory text of section 252.246-7006 by removing ``As
prescribed in 246.710(5)(i)(B)'' and adding ``As prescribed in
246.710(3)(i)(B)'' in its place.
[FR Doc. 2013-19021 Filed 8-7-13; 8:45 am]
BILLING CODE 5001-06-P