[Federal Register: January 10, 2008 (Volume 73, Number 7)]
[Rules and Regulations]
[Page 1830-1831]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10ja08-11]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 252 and Appendix F to Chapter 2
RIN 0750-AF53
Defense Federal Acquisition Regulation Supplement; Receiving
Reports for Shipments (DFARS Case 2006-D024)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD has issued a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to address requirements for
the distribution of material inspection and receiving reports under DoD
contracts. The rule clarifies that two copies of the receiving report
must be distributed with each shipment.
DATES: Effective Date: January 10, 2008.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Benavides, Defense
Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139,
3062 Defense Pentagon, Washington, DC 20301-3062. Telephone 703-602-
1302; facsimile 703-602-7887. Please cite DFARS Case 2006-D024.
SUPPLEMENTARY INFORMATION:
A. Background
The clause at DFARS 252.246-7000, Material Inspection and Receiving
Report, contains requirements for preparing and furnishing material
inspection and receiving reports to the Government. Contractors can
satisfy material inspection and receiving report requirements by using
DD Form 250, in a manner and to the extent required by DFARS Appendix
F, or by using the Wide Area WorkFlow-Receipt and Acceptance (WAWF-RA)
electronic form. This rule clarifies that two copies of the receiving
report (paper copies of either the DD Form 250 or the WAWF-RA report)
must be distributed with the shipment in accordance with DFARS Appendix
F. Such clarification is needed to ensure proper identification of all
shipments.
DoD published a proposed rule at 71 FR 65769 on November 9, 2006.
Three
[[Page 1831]]
sources submitted comments on the proposed rule. A discussion of the
comments is provided below.
1. Comment: One respondent stated that the rule would increase
administrative costs by significantly increasing paperwork creation,
administration, and coordination. The respondent recommended that, at a
minimum, alternative language be added to allow the use of contractor
format DD Form 250 material inspection and receiving reports instead of
WAWF-RA report printing.
DoD Response: Contractors presently are responsible for
distributing DD Form 250 in accordance with DFARS Appendix F, Part 4,
F-401, using the instructions in Tables 1 and 2, which require
distribution of two copies with each shipment. Therefore, the
requirement for contractors to print copies of the WAWF-RA report
instead of the DD Form 250 will not significantly increase the cost or
effort of preparing shipping documents. Only the forms already in WAWF-
RA must be printed; thus this should not be a significant
administrative burden. However, to allow flexibility, DoD has amended
the rule to incorporate the respondent's recommendation that
contractors be allowed to use the DD Form 250 instead of a printed
WAWF-RA form.
2. Comment: One respondent stated that the requirement for two
paper copies to be distributed with shipments would create unnecessary
costs and additional administrative burdens for many vendors and would
unnecessarily duplicate the electronic process, thwarting the goal of
the WAWF-RA being a paperless system. The respondent further suggested
that this and similar issues be addressed through the DFARS Procedures,
Guidance, and Information (PGI) web page rather than as a change to the
DFARS.
DoD Response: Printed copies of the receiving report are needed for
each shipment to eliminate costly stocking, payment, and frustrated
cargo issues now affecting both DoD and contractors. As noted in the
response to Comment 1, contractors already are responsible for
distributing copies of DD Form 250 with the shipment. Therefore, this
rule will not significantly increase the cost or effort of preparing
shipping documents. The respondent's recommendation to address this
issue through PGI is not a feasible solution, since this issue relates
to contractor requirements, whereas PGI addresses internal DoD
procedures and guidance.
3. Comment: One respondent stated that the WAWF-RA receiving report
does not include the unique identification (UID) tab, where the
contractor lists UIDs and serial numbers for items requiring them.
DoD Response: The respondent's comment has been noted; however, the
content of the WAWF-RA receiving report is outside the scope of this
DFARS rule.
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 certifies that this final rule will not 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 rule makes no significant change to DoD policy for
preparation and use of material inspection and receiving reports.
C. Paperwork Reduction Act
The information collection requirements for DoD material inspection
and receiving reports have been approved by the Office of Management
and Budget, under Control Number 0704-0248, for use through March 31,
2008.
List of Subjects in 48 CFR Part 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR part 252 and Appendix F to chapter 2 are amended as
follows:
0
1. The authority citation for 48 CFR part 252 and Appendix F to
subchapter I continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
2. Section 252.246-7000 is amended by revising the clause date and
paragraph (b) to read as follows:
252.246-7000 Material Inspection and Receiving Report.
* * * * *
Material Inspection and Receiving Report (JAN 2008)
* * * * *
(b) Contractor submission of the material inspection and receiving
information required by Appendix F of the Defense FAR Supplement by
using the Wide Area WorkFlow-Receipt and Acceptance (WAWF-RA)
electronic form (see paragraph (b)(1) of the clause at 252.232-7003)
fulfills the requirement for a material inspection and receiving report
(DD Form 250). Two copies of the receiving report (paper copies of
either the DD Form 250 or the WAWF-RA report) shall be distributed with
the shipment, in accordance with Appendix F, Part 4, F-401, Table 1, of
the Defense FAR Supplement.
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3. Appendix F to chapter 2 is amended in Part 4, Section F-401, by
revising paragraph (a) to read as follows:
Appendix F--Material Inspection and Receiving Report
* * * * *
F-401 Distribution
(a) The contractor is responsible for distributing the DD Form
250, including mailing and payment of postage. Use of the Wide Area
WorkFlow-Receipt and Acceptance (WAWF-RA) electronic form satisfies
the distribution requirements of this section, except for the copies
required to accompany shipment.
* * * * *
[FR Doc. E8-178 Filed 1-9-08; 8:45 am]
BILLING CODE 5001-08-P