[Federal Register Volume 88, Number 245 (Friday, December 22, 2023)]
[Notices]
[Pages 88592-88593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28163]


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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; Transportation

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

ACTION: Notice.

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SUMMARY: The Defense Acquisition Regulations System has submitted to 
OMB for clearance, the following proposed extension of a collection of 
information under the provisions of the Paperwork Reduction Act.

DATES: Consideration will be given to all comments received by January 
22, 2024.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to https://www.reginfo.gov/public/do/PRAMain. Find this 
particular information collection by selecting ``Currently under 30-day 
Review--Open for Public Comments'' or by using the search function. You 
may also submit comments, identified by docket number and title, by the 
following method: Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments.

FOR FURTHER INFORMATION CONTACT: Angela Duncan, 571-372-7574, or 
[email protected].

SUPPLEMENTARY INFORMATION: 
    Title and OMB Number: Transportation, and related clauses--DoD FAR 
Supplement Part 247, OMB Control Number 0704-0245.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Businesses or other for-profit and not-for-profit 
institutions.
    Respondent's Obligation: Required to obtain or retain benefits.
    Respondents: 16,950.
    Responses per Respondent: 6.76, approximately.
    Annual Responses: 114,655.
    Hours per Response: 0.55, approximately.
    Estimated Hours: 63,354.
    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.

[[Page 88593]]

    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.
    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 provision 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 provision 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 items, when shipping under Bills of Lading 
and Domestic Route Order under FOB origin contracts, 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).
    DoD Clearance Officer: Ms. Angela Duncan. Requests for copies of 
the information collection proposal should be sent to Ms. Duncan at 
[email protected].

Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
[FR Doc. 2023-28163 Filed 12-21-23; 8:45 am]
BILLING CODE 6001-FR-P