[Federal Register Volume 88, Number 187 (Thursday, September 28, 2023)]
[Notices]
[Pages 66825-66826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21227]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

[Docket DARS-2023-0031; OMB Control Number 0704-0245]


Information Collection Requirement; Defense Federal Acquisition 
Regulation Supplement (DFARS) Part 247, Transportation and Related 
Clauses

AGENCY: Defense Acquisition Regulations System, 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 the Paperwork Reduction Act of 1995, DoD 
announces the proposed extension of a public information collection 
requirement and seeks public comment on the provisions thereof. DoD 
invites comments on: 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; the accuracy of 
the estimate of the burden of the proposed information collection; ways 
to enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the information 
collection on respondents, including through the use of automated 
collection techniques or other forms of information technology. The 
Office of Management and Budget (OMB) has approved this information 
collection for use under Control Number 0704-0245 through January 31, 
2024. DoD proposes that OMB approve an extension of the information 
collection requirement, to expire three years after the approval date.

DATES: DoD will consider all comments received by November 27, 2023.

ADDRESSES: You may submit comments, identified by OMB Control Number 
0704-0245, using any of the following methods:
    [cir] Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
    [cir] Email: [email protected]. Include OMB Control Number 0704-
0245 in the subject line of the message.
    Comments received generally will be posted without change to 
https://www.regulations.gov, including any personal information 
provided.

FOR FURTHER INFORMATION CONTACT: Mr. Jon Snyder, 703-945-5341.

SUPPLEMENTARY INFORMATION: Title and OMB Number: Defense Federal 
Acquisition Regulation Supplement (DFARS) Part 247, Transportation, and 
related clauses, OMB Control Number 0704-0245.
    Type of Request: Extension.
    Affected Public: Businesses or other for-profit and not-for profit 
institutions.
    Respondent's Obligation: Required to obtain or retain benefits.
    Respondents: 18,298.
    Responses per Respondent: 6.47.
    Annual Responses: 118,326.
    Hours per response: 0.57.
    Estimated Hours: 67,101
    Reporting Frequency: On occasion.
    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; 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); and to provide appropriate and timely shipping 
documentation and instructions to contractors.
    The clause at DFARS 252.247-7000, Hardship Conditions, is 
prescribed at DFARS 247.270-4(a) for use in all solicitations and 
contracts for the 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 252.247-7002, Revision of Prices, is prescribed 
at DFARS 247.270-4(b) 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.

[[Page 66826]]

    The clause at DFARS 252.247-7007, Liability and Insurance, is 
prescribed at DFARS 247.270-4(c) for use in all solicitations and 
contracts for the 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 247.574(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 247.574(b) for use in all solicitations and 
contracts except those for direct purchase of ocean transportation 
services. 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 landing. Paragraph (f) of the clause, if the 
contract exceeds the simplified acquisition threshold, 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. Paragraph (h) of the 
clause, requires the contractor, after award, to notify the contracting 
officer if the contractor learns that supplies will be transported by 
sea and the contractor indicated, in the solicitation, that the 
contractor did not anticipate transporting any supplies by sea.
    The clause at DFARS 252.247-7026, Evaluation Preference for Use of 
Domestic Shipyards--Applicable to Acquisition of Carriage by Vessel for 
DoD Cargo in the Coastwise or Noncontiguous Trade, is prescribed at 
DFARS 247.574(d) in solicitations that require a covered vessel for 
carriage of cargo for DoD. Paragraph (c) of the clause requires the 
offeror to provide information with its offer, addressing all covered 
vessels for which overhaul, repair, and maintenance work has been 
performed during the period covering the current calendar year, up to 
the date of proposal submission, and the preceding four calendar years.
    The clause at DFARS 252.247.7028, Application for U.S. Government 
Shipping Documentation/Instructions, is prescribed at DFARS 247.207(2) 
for inclusion in all solicitations and contracts, including 
solicitations and contracts using FAR part 12 procedures for the 
acquisition of commercial products and commercial services, when 
shipping under Bills of Lading and Domestic Route Order under FOB 
origin contract, Export Traffic Release regardless of FOB terms, or 
foreign military sales shipments. Paragraph (a) of the clause requires 
contractors to complete DD Form 1659, Application for U.S. Government 
Shipping Documentation/Instructions to request shipping instructions, 
unless an automated system is available (paragraph (b) of the clause).

Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
[FR Doc. 2023-21227 Filed 9-27-23; 8:45 am]
BILLING CODE 5001-06-P