[Federal Register Volume 62, Number 127 (Wednesday, July 2, 1997)]
[Proposed Rules]
[Pages 35901-35902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17150]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 46 and 52

[FAR Case 96-009]
RIN 9000-AH61


Federal Acquisition Regulation; Contract Quality Requirements

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Proposed rule with request for comments.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulation Council are proposing to amend the Federal 
Acquisition Regulation (FAR) to reflect a preference for commercial 
contract quality requirements, rather than Federal or military 
specifications. This regulatory action is not subject to Office of 
Management and Budget review under Executive Order 12866, dated 
September 30, 1993. This is not a major rule under 5 U.S.C. 804.

DATES: Comments should be submitted on or before September 2, 1997 to 
be considered in the formulation of a final rule.

ADDRESSES: Interested parties should submit written comments to: 
General Services Administration, FAR Secretariat (MVRS), 1800 F Street, 
NW, Room 4035, Washington, DC 20405.
    E-mail comments submitted over Internet should be addressed to: 
[email protected].
    Please cite FAR case 96-009 in all correspondence related to this 
case.

FOR FURTHER INFORMATION CONTACT: Ms. Linda Klein at (202) 501-3775 in 
reference to this FAR case. For general information, contact the FAR 
Secretariat, Room 4035, GS Building, Washington, DC 20405, (202) 501-
4755. Please cite FAR case 96-009.

SUPPLEMENTARY INFORMATION:

A. Background

    This rule proposes to amend FAR 46.202-4(b), 46.311, and 52.246-11 
to replace references to Government specifications with references to 
commercial quality standards in the list of examples of higher-level 
contract quality requirements, and to permit solicitations to identify 
one or more acceptable higher-level quality requirements.

B. Regulatory Flexibility Act

    This proposed rule is not expected to have an 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 
merely substitutes commercial quality standards for Government 
standards as examples of higher-level contract quality requirements 
which may be invoked, and permits the Government more flexibility in 
specifying higher-level contract quality requirements. An Initial 
Regulatory Flexibility Analysis has, therefore, not been performed. 
Comments from small entities concerning the affected parts will be 
considered in accordance with Section 610 of the Act. Such comments 
must be submitted separately and should cite 5 U.S.C. 601, et seq. (FAR 
case 96-009), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
changes to the FAR do not impose recordkeeping or information 
collection requirements, or collections of information from offerors, 
contractors, or members of the public 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 Parts 46 and 52

    Government procurement.

    Dated: June 24, 1997.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

    Therefore, it is proposed that 48 CFR Parts 46 and 52 be amended as 
set forth below.
    1. The authority citation for 48 CFR Parts 46 and 52 continues to 
read as follows:

    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 46--QUALITY ASSURANCE

    2. Section 46.202-4 is revised to read as follows:


Sec. 46.202-4  Higher-level contract quality requirements.

    (a) Higher-level contract quality requirements are appropriate in 
solicitations and contracts for complex and critical items (see 46.203 
(b) and (c) or when the technical requirements of the contract 
require--
    (1) Control of work operations, in-process controls, inspection, 
etc.; or
    (2) Attention to organization, planning, work instructions, 
documentation control, advanced metrology, etc.
    (b) If it is in the Government's interest to require that higher-
level contract quality requirements be maintained, the contracting 
officer shall use the clause prescribed at 46.311 to require the 
contractor to comply with a Government-specified inspection system, 
quality control system, or quality program (e.g., ISO 9001, 9002, or 
9003; ANSI/ASQC Q9001, Q9002, or Q9003; ANSA/ASQC E4; ANSE/ASME NQA-1, 
or other higher-level contract quality requirement). The contracting 
officer shall consult technical personnel before including either a 
specific, or a range of acceptable higher-level quality requirements in 
a contract.
    3. Section 46.311 is revised to read as follows:


Sec. 46.311  Higher-level contract quality requirement.

    The contracting officer shall insert the clause at 52.246-11, 
Higher-Level Contract Quality Requirement, in solicitations and 
contracts when the inclusion of either a specific, or a range of 
acceptable higher-level contract quality requirements is appropriate 
(see 46.202-4).

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    4. Section 52.246-11 is revised to read as follows:

[[Page 35902]]

Sec. 52.246-11  Higher-Level Contract Quality Requirement.

    As prescribed in 46.311, insert the following clause:

Higher-Level Contract Quality Requirement (XXX 1997)

    The Contractor shall comply with the higher-level contract 
quality requirement titled ____________________ [Contracting Officer 
insert the title number, and date of the higher-level contract 
quality requirement], which is hereby incorporated into this 
contract.

(End of clause)

[FR Doc. 97-17150 Filed 7-1-97; 8:45 am]
BILLING CODE 6820-EP-M