[Federal Register Volume 73, Number 79 (Wednesday, April 23, 2008)]
[Proposed Rules]
[Pages 21892-21893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8696]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 246, 252 and Chapter 2

RIN 0750-AF88


Defense Federal Acquisition Regulation Supplement; Quality 
Assurance Authorization of Shipment of Supplies (DFARS Case 2005-D024)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Proposed rule with request for comments.

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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to revise the criteria under which the 
contract administration office may permit a contractor to release 
supplies for shipment without Government authorization of the shipping 
documents. The proposed changes will enable the Government to provide 
for the appropriate level of contract quality assurance at source, 
based on product complexity and criticality and the contractor's record 
of quality control.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before June 23, 2008, to be considered in 
the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2005-D024, 
using any of the following methods:
    [cir] Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    [cir] E-mail: [email protected]. Include DFARS Case 2005-D024 in the 
subject line of the message.
    [cir] Fax: 703-602-7887.
    [cir] Mail: Defense Acquisition Regulations System, Attn: Mr. Mark 
Gomersall, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense Pentagon, 
Washington, DC 20301-3062.
    [cir] Hand Delivery/Courier: Defense Acquisition Regulations 
System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 
22202-3402.
    Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Mr. Mark Gomersall, 703-602-0302.

SUPPLEMENTARY INFORMATION:

A. Background

    This proposed rule amends DFARS 246.471 to provide for contractor 
release of supplies for shipment, without Government authorization of 
the shipping documents, based on criteria that consider product 
complexity and criticality and the contractor's record of quality 
control.
    In addition, changes are proposed to DD Form 250, Material 
Inspection and Receiving Report. Since DoD forms are not published in 
the Federal Register or the Code of Federal Regulations, the proposed 
changes to DD Form 250 do not appear in the amendatory portion of this 
proposed rule, but are described as follows: The statements in Blocks 
21a and 21b (Contract Quality Assurance) of DD Form 250 are proposed to 
be changed, from ``CQA/ACCEPTANCE of listed items has been made by me 
or under my supervision and they conform to contract, except as noted 
herein or on supporting documents'', to ``CQA/ACCEPTANCE has been 
subject to Government contract quality assurance surveillance''. The 
proposed changes provide for the representative signing the DD Form 250 
at source to affirm that the appropriate quality assurance activities 
have been accomplished. The clause at DFARS 252.246-7000, Material 
Inspection and Receiving Report, is amended to specify that a 
contractor's submission of a receiving report constitutes the 
contractor's affirmation that the items listed on the report conform to 
contract requirements.
    The existing DD Form 250 is available at http://www.dtic.mil/whs/directives/infomgt/forms/formsprogram.htm.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD does not expect this proposed rule 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 proposed rule primarily relates to the allocation of 
Government resources to quality assurance functions. Therefore, DoD has 
not performed an initial regulatory flexibility analysis. DoD invites 
comments from small businesses and other interested parties. DoD also 
will consider comments from small entities concerning the affected 
DFARS subparts in accordance with 5 U.S.C. 610. Such comments should be 
submitted separately and should cite DFARS Case 2005-D024.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply, because the rule does 
not impose any information collection requirements that 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 246 and 252

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
    Therefore, DoD proposes to amend 48 CFR parts 246 and 252 and 
Appendix F to Chapter 2 as follows:
    1. The authority citation for 48 CFR parts 246 and 252 and Appendix 
F to subchapter I continues to read as follows:

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

PART 246--QUALITY ASSURANCE

    2. Section 246.471 is amended as follows:
    a. By removing paragraph (a)(4); and
    b. By revising paragraph (b) heading and paragraph (b)(1) to read 
as follows:

[[Page 21893]]

246.471  Authorizing shipment of supplies.

* * * * *
    (b) Alternative Procedures-Contractor Release for Shipment.
    (1) The contract administration office may authorize, in writing, 
the contractor to release supplies for shipment when--
    (i)(A) Products are non-complex or non-critical;
    (B) Conformance will be validated by periodic assessments; and
    (C) The contractor has a record of satisfactory quality; or
    (ii)(A) Products are complex or critical;
    (B) The authorization of the shipping papers by a representative of 
the contract administration office prevents expediency of shipment;
    (C) The Government performs a systematic and continuing evaluation 
of the contractor's control of quality; and
    (D) The contractor has a record of satisfactory quality, including 
that pertaining to preparation for shipment.
* * * * *

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. Section 252.246-7000 is amended by revising the clause date and 
adding paragraph (c) to read as follows:


252.246-7000  Material Inspection and Receiving Report.

* * * * *

Material Inspection and Receiving Report (XXX 2008)

* * * * *
    (c) When submitting the receiving report (whether using DD Form 250 
or WAWF), the Contractor is affirming that the items listed on the 
report conform to contract requirements, except as otherwise noted on 
the report.

Appendix F--Material Inspection and Receiving Report

    4. Appendix F to chapter 2 is amended in Part 3, Section F-301, 
by revising paragraphs (b)(21)(i) and (ii), paragraph (b)(21)(iv)(A) 
introductory text, and paragraph (b)(21)(v)(B) introductory text to 
read as follows:

F-301 Preparation instructions.
* * * * *
    (b) * * *
    (21) * * *
    (i) The words ``subject to Government contract quality assurance 
surveillance'' contained in the printed statements in Blocks 21a and 
21b relate to quality and to the quantity of the items on the 
report. Do not modify the statements. Enter notes taking exception 
in Block 16 or on attached supporting documents with an appropriate 
block cross-reference.
    (ii) When a shipment is authorized under alternative release 
procedures (see 246.471(b)), the contractor shall attach or include 
the appropriate signed certificate on the top copy of the DD Form 
250 copies distributed to the payment office or attach or include 
the appropriate contractor certificate on the contract 
administration office copy when contract administration (Block 10 of 
the DD Form 250) is performed by the Defense Contract Management 
Agency (DCMA).
* * * * *
    (iv) * * *
    (A) The authorized Government representative shall--
* * * * *
    (v) * * *
    (B) When CQA and acceptance or acceptance is at destination, the 
authorized Government representative shall--
* * * * *

[FR Doc. E8-8696 Filed 4-22-08; 8:45 am]
BILLING CODE 5001-08-P