[Federal Register Volume 62, Number 51 (Monday, March 17, 1997)] [Notices] [Pages 12606-12608] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-6624] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Notice and Request for Comments Regarding a Proposed Extension of an Approved Information Collection Requirement SUMMARY: In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 (Public Law 104-13), DoD announces the proposed extension of a public information collection requirement and seeks public comment on the provisions thereof. Comments are invited on: (a) whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. This information collection requirement is currently approved by the Office of Management and Budget (OMB) for use through June 30, 1997. DoD proposes that OMB extend its approval for use through June 30, 2000. DATES: Consideration will be given to all comments received by May 16, 1997. ADDRESSES: Written comments and recommendations on the proposed information collection requirement should be sent to: Defense Acquisition Regulations Council, Attn: Ms. Amy Williams, PDUSD (A&T) DP (DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062. Telefax (703) 602-0350. Please cite OMB Control Number 0704-0187 in all correspondence related to this issue. FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, at (703) 602-0131. A copy of this information collection requirement is available electronically via the INTERNET at: http://www.dtic.mil/dfars/ Paper copies may be obtained from Ms. Amy Williams, PDUSD (A&T) DP(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062. Title, Associated Form, and OMB Number: Information Collection in Support of the DoD Acquisition Process (Solicitation Phase), OMB Control Number 0704-0187. Needs and uses: This information collection requirement pertains to information that an offeror must submit to DoD in response to a request for proposals or invitation for bids. This information is used by DoD to (1) evaluate offers, (2) determine which offeror should be selected for contract award, and (3) determine whether the offered price is fair and reasonable. This information is also used to determine whether the Government should furnish precious metals as Government-furnished material; to determine whether to accept alternative preservation, packaging, or packing; to determine whether to trade in existing personal property towards the purchase of new items; to verify compliance with requirements for labeling of hazardous material; to evaluate requests for price adjustment on stevedoring contracts; and to monitor compliance with the U.S.-flag vessel shipping requirements. Affected Public: Businesses or other for-profit and not-for-profit institutions. Annual Burden Hours: 43,544,644. Number of Respondents: 250,121. Responses per Respondent: Approximately 11. Number of Responses: 2,808,197. Average Burden per Response: 15.51 hours. Frequency: On occasion. Supplementary Information: Summary of Information Collection This information collection pertains to information, not separately covered by another Office of Management and Budget clearance, that an offeror must submit to DoD in response to a request for proposals or invitation for bids. In particular, the information collection covers the following DFARS requirements:215.613-70, Four-step source selection procedures. Paragraph (e)(5) of [[Page 12607]] this subsection requires a technical proposal to include identification, when appropriate, of trade-offs among performance, production costs, operating and support costs, schedule and logistics support factors; and information showing that the goals for design to cost and operating support costs (when used) will be achieved when the applicable item enters production. 217.70, Exchange of Personal Property. Section 217.7004, paragraph (9a), of this subpart requires that solicitations which contemplate exchange (trade-in) of personal property and application of the exchange allowance to the acquisition of similar property, shall include a request for offerors to state prices for the new items being acquired both with and without any exchange (trade-in allowance). 217.72, Bakery and Dairy Products. Section 217.7201, paragraph (b)(2), of this subpart requires a contractor's list of cabinet equipment in the schedule of the contract, when the contractor is required to furnish its own cabinets for dispensing milk from bulk containers. 217.74, Undefinitized Contract Actions. Unless an exception in 217.7404-5 of this subpart applies, paragraph (b) of subsection 217.7404-3 requires the contractor to submit a qualifying proposal in accordance with the definitization schedule of the undefinitized contract action. A ``qualifying proposal'' is defined in paragraph (c) of 217.7401 as a proposal containing sufficient information for DoD to do complete and meaningful analyses and audits of the information in the proposal and any other information that the contracting officer has determined that DoD needs to review in connection with the contract. 217.75, Acquisition of Replenishment Parts. Paragraph (d) of section 217.7504 of this subpart permits contracting officers to include in sole source solicitations, that include acquisition of replenishment parts, a provision requiring an offeror to supply with its proposal, price and quantity data on any Government orders for the replenishment part issued within the most recent 12 months. 252.208-7000, Intent to Furnish Precious Metals as Government-Furnished Material. Paragraph (b) of this clause requires an offeror to cite the type and quantity of precious metals required in performance of the contract. Paragraph (c) requires the offeror to submit two prices for each deliverable item which contains precious metals-one based on the Government furnishing the precious metals, and the other based on the contractor furnishing the precious metals. 252.209-7001, Disclosure of Ownership or Control by the Government of a Terrorist Country. Paragraph (c) of this provision requires an offeror to provide a disclosure with its offer if the government of a terrorist country has a significant interest in the offeror, in a subsidiary of the offeror, or in a parent company of which the offeror is a subsidiary. 252.211-7004, Alternate Preservation, Packaging, and Packing. Paragraph (b) of this provision requires an offeror to submit information sufficient to allow evaluation of alternate packaging, only if the offeror chooses to propose alternate packaging. 252.219-7000, Small Disadvantaged Business Concern Representation (DoD Contracts). This provision requires an offeror that is a Small Disadvantaged Business (SDB) concern to indicate, by checking a block, (1) its category of ownership, (2) its status as an SDB concern, and (3) whether the Small Business Administration (SBA) has made a determination regarding its status as an SDB concern. If the SBA has made a determination, the offeror must provide the date and indicate the result of the determination by checking the appropriate block. 252.219-7008, Notice of Evaluation Preference for Small Disadvantaged Business Concerns--Construction Acquisitions--Test Program. Paragraph (b)(1) of this clause requires an offeror to separately state bond costs in its offer. Paragraph (c) permits small disadvantaged businesses, historically black colleges or universities, and minority institutions to waive the evaluation preference by checking a block. The advantage of waiver is that the firm need not comply with paragraph (d) which requires that, for general construction, at least 15 percent of the cost of the contract, excluding the cost of materials, will be performed by employees of the concern. For construction by special trade contractors, the percentage is 25%. 252.223-7001, Hazard Warning Labels. Paragraph (c) of this clause requires all offerors to list which hazardous materials will be labeled in accordance with one of the Acts listed in paragraphs (b) (1) through (5) of the clause instead of the Hazard Communication Standard. Paragraph (d) requires only the successful offeror to submit, before award, a copy of the hazard warning label for all hazardous materials not listed in paragraph (c) of the clause. 252.225-7003, Information for Duty-Free Entry Evaluation. Paragraph (a) of this provision requires an offeror to check the appropriate block to indicate whether the offer is based on furnishing any supplies of foreign origin, other than those which are qualifying country end items or components. If the answer to paragraph (a) is positive, then paragraph (b) requires the offeror to check the appropriate block to indicate whether such foreign supplies are now in the United States, and whether duty has been paid. Paragraph (c) requires the awardee to identify, at the request of the contracting officer, the foreign supplies which are subject to duty-free entry. 252.225-7018, Notice of Prohibition of Certain Contracts with Foreign Entities for the Conduct of Ballistic Missile Defense RDT&E. Paragraph (e) of this provision requires an offeror to check the appropriate block to indicate whether it is or is not a U.S. firm. 252.226-7000, Notice of Historically Black College or University and Minority Institution Set-Aside. Paragraph (c)(2) of this clause requires that, upon request of the contracting officer, the offeror will provide evidence prior to award that the Secretary of Education has determined the offeror to be a historically black college or university or minority institution. 252.226-7001, Historically Black College or University and Minority Institution Status. Paragraph (b) of this provision requires an offeror that is a historically black college or university or minority institution to check the appropriate block to indicate its status as such. 252.237-7000, Notice of Special Standards of Responsibility. Paragraph (c) of this provision requires the apparently successful offeror, under a solicitation for audit services, to give the contracting officer evidence that it is licensed by the cognizant licensing authority in the state or other political jurisdiction where the offeror operates its professional practice. 252.239-7009, Submission of Cost or Pricing Data--Common Carriers, 239.7406, and 239.7408-1, Special Construction. The clause at 252.239-7009 requires the contractor to provide cost or pricing data, under certain circumstances, upon request by the contracting officer. Although 239.7406 requires contracting officers to obtain certified cost or pricing data when unable to determine that prices are reasonable, 10 U.S.C. 2306a(b), as modified by the Federal Acquisition Streamlining Act of 1994 (Pub. L. 103-355) and the Clinger-Cohen Act of 1996 (Pub. L. 104-106), prohibits requiring cost or pricing data if an exception applies. Paragraph (d) of 239.7408-1 [[Page 12608]] requires a detailed special construction proposal, when a common carrier submits a proposal or quotation that has special construction requirements. One of the reasons for requesting cost or pricing data from a common carrier is to support the reasonableness of special construction and equipment charges. 252.247-7001, Price Adjustment. Paragraph (b) of this clause requires a contractor for stevedoring services to notify the contracting officer within 60 days of certain changes in the wage rates or benefits that apply to the contractor's direct labor employees. Paragraph (c) requires the contractor to include a proposal for adjustment in the contract prices and data, in such form as the contracting officer may require, explaining the causes, effective date, and amount of the increase or decrease in the contractor's proposal for the adjustment. 252.247-7002, Revision of Prices. Paragraph (c) of this clause permits either the contractor or the contracting officer, under a contract for stevedoring services, to deliver a written demand that the parties negotiate to revise the prices under the contract. Paragraph (d) specifies the data that the contractor shall submit. Paragraph (g) addresses requests for price adjustment in the event of a retroactive wage adjustment. In addition, the contractor is required to notify the contracting officer in writing of any request by or on behalf of the employees of the contractor which may result in a retroactive wage adjustment. 252.247-7022, Representation of Extent of Transportation by Sea; 247.527-1(c); and 252.212-7000, Offeror Representations and Certifications--Commercial Items. Paragraph (c) of subsection 247.572-1 requires the contracting officer to ask each offeror whether it will transport supplies by sea, referring to paragraph (a) of section 247.573, which is the prescription for the provision at 252.247-7022. Paragraph (b) of the provision at 252.247-7022 and paragraph (c)(2) of the provision at 252.212-7000 require an offeror check the appropriate block to indicate whether it anticipates that supplies will be transported by sea in the performance of any contract or subcontract resulting from the solicitation. Michele P. Peterson, Executive Editor, Defense Acquisition Regulations Council. [FR Doc. 97-6624 Filed 3-14-97; 8:45 am] BILLING CODE 5000-04-M