[Federal Register Volume 69, Number 129 (Wednesday, July 7, 2004)]
[Notices]
[Pages 40878-40879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15356]


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DEPARTMENT OF DEFENSE

[OMB Control Number 0704-0245]


Information Collection Requirements; Defense Federal Acquisition 
Regulation Supplement; Transportation

AGENCY: Department of Defense (DoD).

ACTION: Notice and request for comments regarding a proposed extension 
of an approved information collection requirement.

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SUMMARY: In compliance with Section 3506(c)(2)(A) of the Paperwork 
Reduction Act of 1995 (44 U.S.C. Chapter 35), DoD announces the 
proposed extension of a public information collection requirement and 
seeks public comment on the provisions thereof. DoD invites comments 
on: (a) Whether the proposed collection of information is necessary for 
the proper performance of the functions of DoD, 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. The Office of 
Management and Budget (OMB) has approved this information collection 
requirement for use through July 31, 2004. DoD proposes that OMB extend 
its approval for use through July 31, 2007.

DATES: DoD will consider all comments received by September 7, 2004.

ADDRESSES: You may submit comments, identified by OMB Control Number 
0704-0245, using any of the following methods:
     Defense Acquisition Regulations Web Site: http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. Follow the instructions for 
submitting comments.
     E-mail: [email protected]. Include OMB Control Number 0704-
0245 in the subject line of the message.
     Fax: (703) 602-0350.
     Mail: Defense Acquisition Regulations Council, Attn: Mr. 
Steven Cohen, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense Pentagon, 
Washington, DC 20301-3062.
     Hand Delivery/Courier: Defense Acquisition Regulations 
Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 
22202-3402.
    All comments received will be posted to http://emissary.acq.osd.mil/dar/dfars.nsf nsf.

FOR FURTHER INFORMATION CONTACT: Mr. Steven Cohen, (703) 602-0293. The 
information collection requirements addressed in this notice are 
available electronically via the Internet at: http://www.acq.osd.mil/dpap/dfars/index.htm htm. Paper copies are available from Mr. 
Steven Cohen, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon, 
Washington, DC 20301-3062.[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][NOTICES][NOTICE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/SUBJECT]

SUPPLEMENTARY INFORMATION:
    Title and OMB Number: Defense Federal Acquisition Regulation 
Supplement (DFARS) Part 247, Transportation, and related clauses in 
DFARS 252.247; OMB Control Number 0704-0245.
    Needs and Uses: DoD contracting officers use this information to 
verify that prospective contractors have adequate insurance prior to 
award of stevedoring contracts; to provide appropriate price 
adjustments to stevedoring contracts; and to assist the Maritime 
Administration in monitoring compliance with requirements for use of 
U.S.-flag vessels in accordance with the Cargo Preference Act of 1904 
(10 U.S.C. 2631).
    Affected Public: Businesses or other for-profit and not-for-profit 
institutions.
    Annual Burden Hours: 150,114.
    Number of Respondents: 60,400.
    Responses Per Respondent: Approximately 8.
    Annual Responses: 465,842.
    Average Burden Per Response: .32 hours.
    Frequency: On occasion.

Summary of Information Collection

    The clause at DFARS 252.247-7000, Hardship Conditions, is 
prescribed at DFARS 247.270-6(a) for use in all solicitations and 
contracts for acquisition of stevedoring services. Paragraph (a) of the 
clause requires the contractor to notify the contracting officer of 
unusual conditions associated with loading or unloading a particular 
cargo, for potential adjustment of contract labor rates; and to submit 
any associated request for price adjustment to the contracting officer 
within 10 working days of the vessel sailing time.
    The clause at DFARS 252.247-7001, Price Adjustment, is prescribed 
at DFARS 247.270-6(b) for use in solicitations and contracts when using 
sealed bidding to acquire stevedoring services. Paragraphs (b) and (c) 
of the clause require the contractor to notify the contracting officer 
of certain changes in the wage rates or benefits that apply to its 
direct labor employees. Paragraph (g) of the clause requires the 
contractor to include with its final invoice a statement that the 
contractor has experienced no decreases in rates of pay for labor or 
has notified the contracting officer of all such decreases.
    The clause at DFARS 252.247-7002, Revision of Prices, is prescribed 
at DFARS 247.270-6(c) for use in solicitations and contracts when using 
negotiation to acquire stevedoring services. Paragraph (c) of the 
clause provides that, at any time, either the contracting officer or 
the contractor may deliver to the other a written demand that the 
parties negotiate to revise the prices under the contract. Paragraph 
(d) of the clause requires that, if either party makes such a demand, 
the contractor must submit relevant data upon which to base 
negotiations.
    The clause at DFARS 252.247-7007, Liability and Insurance, is 
prescribed at DFARS 247.270-6(g) for use in all solicitations and 
contracts for acquisition of stevedoring services. Paragraph (f) of the 
clause requires the contractor to furnish the contracting officer with 
satisfactory evidence of insurance.
    The provision at DFARS 252.247-7022, Representation of Extent of 
Transportation by Sea, is prescribed at DFARS 247.573(a) for use in all 
solicitations except those for direct purchase of ocean transportation 
services or those with an anticipated value at or below the simplified 
acquisition threshold. Paragraph (b) of the provision requires the 
offeror to represent whether or not it anticipates that supplies will 
be transported by sea in the performance of any contract or subcontract 
resulting from the solicitation.
    The clause at DFARS 252.247-7023, Transportation of Supplies by 
Sea, is prescribed at DFARS 247.573(b) for use in all solicitations and 
contracts except those for direct purchase of ocean transportation 
services. The clause is used with its Alternate III in solicitations 
and contracts with an anticipated value at or below the simplified 
acquisition threshold. Paragraph (d) of the clause requires the 
contractor to submit any requests for use of other than U.S.-flag 
vessels in writing to the contracting officer. Paragraph (e) of the 
clause requires the contractor to submit one copy of the rated on board 
vessel operating carrier's ocean bill of

[[Page 40879]]

lading. Paragraph (f) of the clause requires the contractor to 
represent, with its final invoice, that: (1) No ocean transportation 
was used in the performance of the contract; (2) only U.S.-flag vessels 
were used for all ocean shipments under the contract; (3) the 
contractor had the written consent of the contracting officer for all 
non-U.S.-flag ocean transportation; or (4) shipments were made on non-
U.S.-flag vessels without the written consent of the contracting 
officer. Contractors must flow down these requirements to noncommercial 
subcontracts and certain types of commercial subcontracts. Subcontracts 
at or below the simplified acquisition threshold are excluded from the 
requirements of paragraph (f) stated above.
    The clause at DFARS 252.247-7024, Notification of Transportation of 
Supplies by Sea, is prescribed for use at DFARS 247.573(c) in all 
contracts for which the offeror represented, by completion of the 
provision at DFARS 252.247-7022, that it did not anticipate 
transporting any supplies by sea in performance of the contract. 
Paragraph (a) of the clause requires the contractor to notify the 
contracting officer if the contractor learns after award of the 
contract that supplies will be transported by sea.

Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
[FR Doc. 04-15356 Filed 7-6-04; 8:45 am]
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