[Federal Register Volume 63, Number 243 (Friday, December 18, 1998)]
[Rules and Regulations]
[Pages 70289-70290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33518]



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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 46 and 52

[FAC 97-10; FAR Case 96-009; Item VI]
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: Final rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council have agreed on a final rule amending 
the Federal Acquisition Regulation (FAR) to reflect a preference for 
commercial contract quality requirements, rather than Federal or 
military specifications, and to permit greater flexibility in 
specifying higher-level contract quality requirements.

EFFECTIVE DATE: February 16, 1999.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS 
Building, Washington, DC 20405, (202) 501-4755, for information 
pertaining to status or publication schedules. For clarification of 
content, contact Ms. Linda Klein, Procurement Analyst, at (202) 501-
3775. Please cite FAC 97-10, FAR case 96-009.

SUPPLEMENTARY INFORMATION:

A. Background

    A proposed rule was published in the Federal Register at 62 FR 
35891, July 2, 1997. The revisions in the final rule are based on the 
analysis of public comments and further clarification of the rule. The 
rule revises FAR 46.202-4, 46.311, and the clause at 52.246-11 to 
replace references to Government specifications with references to 
commercial quality standards as examples of higher-level contract 
quality requirements; to require the contracting officer to indicate in 
the solicitation which higher-level quality standards will satisfy the 
Government's requirement; and, if more than one standard is listed in 
the solicitation, to require the offeror to indicate its selection by 
checking a block.
    This regulatory action was not subject to Office of Management and 
Budget review under Executive Order 12866, dated September 30, 1993, 
and is not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The Department of Defense, the General Services Administration, and 
the National Aeronautics and Space Administration certify that this 
final rule will not have a significant economic impact on a substantial 
number of small entities under the Regulatory Flexibility Act, 5 U.S.C. 
601, et seq., because the rule merely clarifies procedures for, and 
permits greater flexibility in, specifying higher-level quality 
requirements in Government contracts.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the 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: December 14, 1998.
Ralph DeStefano,
Acting Director, Federal Acquisition Policy Division.

    Therefore, 48 CFR Parts 46 and 52 are 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:


46.202-4  Higher-level contract quality requirements.

    (a) Requiring compliance with higher-level quality standards is 
appropriate in solicitations and contracts for complex or critical 
items (see 46.203(b) and (c)) or when the technical requirements of the 
contract require--
    (1) Control of such things as work operations, in-process controls, 
and inspection; or
    (2) Attention to such factors as organization, planning, work 
instructions, documentation control, and advanced metrology.
    (b) When the contracting officer, in consultation with technical 
personnel, finds it is in the Government's interest to require that 
higher-level quality standards be maintained, the contracting officer 
shall use the clause prescribed at 46.311. The contracting officer 
shall indicate in the clause which higher-level quality standards will 
satisfy the Government's requirement. Examples of higher-level quality 
standards are ISO 9001, 9002, or 9003; ANSI/ASQC Q9001, Q9002, or 
Q9003; QS-9000; AS-9000; ANSI/ASQC E4; and ANSI/ASME NQA-1.
    3. Section 46.311 is revised to read as follows:


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 a higher-level contract quality 
requirement is appropriate (see 46.202-4).

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

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


52.246-11  Higher-Level Contract Quality Requirement.

    As prescribed in 46.311, insert the following clause:

Higher-Level Contract Quality Requirement (Feb 1999)

    The Contractor shall comply with the higher-level quality 
standard selected below. [If more than one standard is listed, the 
offeror shall indicate its selection by checking the appropriate 
block.]

 
           Title                        Number                       Date                      Tailoring
 
__________________________.  __________________________   __________________________  __________________________
__________________________.  __________________________   __________________________  __________________________
__________________________.  __________________________   __________________________  __________________________
__________________________.  __________________________   __________________________  __________________________
 


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[Contracting Officer insert the title, number (if any), date, and 
tailoring (if any) of the higher-level quality standards.]
(End of clause)

[FR Doc. 98-33518 Filed 12-16-98; 8:45 am]
BILLING CODE 6820-EP-P