[Federal Register Volume 59, Number 193 (Thursday, October 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24775]


[[Page Unknown]]

[Federal Register: October 6, 1994]


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DEPARTMENT OF DEFENSE
48 CFR Part 247

 

Defense Federal Acquisition Regulation Supplement; Best Value--
Stevedoring

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for comments.

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SUMMARY: The Director of Defense Procurement has issued an interim rule 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to permit contracting officers to consider factors other than cost or 
price when evaluating offers for stevedoring services.

DATES: Effective date: September 29, 1994.
    Comment date: Comments on the interim rule should be submitted in 
writing to the address shown below on or before December 5, 1994, to be 
considered in the formulation of the final rule.

ADDRESSES: Interested parties should submit written comments to: 
Defense Acquisition Regulations Council, Attn: Ms. Michele Peterson, 
PDUSD(A&T)DP(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 
20301-3062. Telefax number (703) 604-5971. Please cite DFARS Case 94-
D005 in all correspondence related to this issue.

FOR FURTHER INFORMATION CONTACT:
Ms. Michele Peterson, (703) 604-5929.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 15.605 of the Federal Acquisition Regulation (FAR) permits 
contracting officers to evaluate offers on the basis of cost or price 
and non-cost or non-price-related factors. The Director of Defense 
Procurement issued an interim rule on September 29, 1994, by 
Departmental Letter 94-016, to revise the guidance at DFARS 247.270-5 
and 247.270-6 for consistency with section 15.605 of the FAR.

B. Regulatory Flexibility Act

    The interim rule is not expected to have a significant economic 
impact on a substantial number of small entities within the meaning of 
the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule 
is consistent with the existing policy at FAR 15.605. An initial 
regulatory flexibility analysis has therefore not been performed. 
Comments are invited from small businesses and other interested 
parties. Comments from small entities concerning the affected subpart 
will be considered in accordance with Section 610 of the Act. Such 
comments must be submitted separately and cite DFARS Case 94-D005 in 
correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the rule does 
not impose any information collection requirements which require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501, 
et seq.

List of Subjects in 48 CFR Part 247

    Government procurement.
Claudia L. Naugle,
Deputy Director, Defense Acquisition Regulations Council.

    Therefore, 48 CFR Part 247 is amended as follows:

PART 247--TRANSPORTATION

    1. The authority citation for 48 CFR Part 247 continues to read as 
follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

    2. Section 247.270-5 is revised to read as follows:


Sec. 247.270-5  Evaluation of bids and proposals.

    At a minimum, require that offers include--
    (a) Tonnage or commodity rates which apply to the bulk of the cargo 
worked under normal conditions;
    (b) Labor-hour rates which apply to services not covered by 
commodity rates, or to work performed under hardship conditions; and
    (c) Cost of equipment rental.
    3. Section 247.270-6 is revised to read as follows:


Sec. 247.270-6  Award of contract.

    Make the award to the contractor submitting the offer most 
advantageous to the Government, considering cost or price and other 
factors specified elsewhere in the solicitation. Evaluation will 
include, but is not limited to--
    (a) Total estimated cost of tonnage to be moved at commodity rates;
    (b) Estimated cost at labor-hour rates; and
    (c) Cost of equipment rental.

[FR Doc. 94-24775 Filed 10-5-94; 8:45 am]
BILLING CODE 5000-04-M