[Federal Register: July 12, 2005 (Volume 70, Number 132)]
[Proposed Rules]               
[Page 39975-39976]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12jy05-26]                         

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DEPARTMENT OF DEFENSE

48 CFR Chapter 2

[DFARS Case 2003-D085]

 
Defense Federal Acquisition Regulation Supplement; Material 
Inspection and Receiving Report

AGENCY: 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 update requirements for preparation of 
material inspection and receiving reports under DoD contracts. This 
proposed rule is a result of a transformation initiative undertaken by 
DoD to dramatically change the purpose and content of the DFARS.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before September 12, 2005, to be 
considered in the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2003-D085, 
using any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 

Follow the instructions for submitting comments.
     Defense Acquisition Regulations Web Site: http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm.
 Follow the instructions for 

submitting comments.
     E-mail: dfars@osd.mil. Include DFARS Case 2003-D085 in the 
subject line of the message.
     Fax: (703) 602-0350.
     Mail: Defense Acquisition Regulations Council, Attn: Ms. 
Deborah Tronic, 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
.


FOR FURTHER INFORMATION CONTACT: Ms. Deborah Tronic, (703) 602-0289.

SUPPLEMENTARY INFORMATION:

A. Background

    DFARS Transformation is a major DoD initiative to dramatically 
change the purpose and content of the DFARS. The objective is to 
improve the efficiency and effectiveness of the acquisition process, 
while allowing the acquisition workforce the flexibility to innovate. 
The transformed DFARS will contain only requirements of law, DoD-wide 
policies, delegations of FAR authorities, deviations from FAR 
requirements, and policies/procedures that have a significant effect 
beyond the internal operating procedures of DoD or a significant cost 
or administrative impact on contractors or offerors. Additional 
information on the DFARS Transformation initiative is available at 
http://www.acq.osd.mil/dpap/dfars/transf.htm.

    This proposed rule is a result of the DFARS Transformation 
initiative. The proposed changes update DFARS Appendix F requirements 
for preparation of DD Form 250, Material Inspection and Receiving 
Report. The proposed changes include--
     Clarification of requirements for marking of shipments 
when a contractor's certificate of conformance is used as the basis for 
acceptance.
     Relocation of the requirement for the contractor to 
provide sufficient copies of DD Form 250, from F-701 to F-103.

[[Page 39976]]

     Clarification that use of Wide Area WorkFlow-Receipt and 
Acceptance electronic form satisfies DD Form 250 distribution 
requirements. This is consistent with the clause at DFARS 252.246-7000, 
Material Inspection and Receiving Report.
     Deletion of procedures for documenting Government contract 
quality assurance performed at a subcontractor's facility and for 
distribution and correction of DD Form 250-1 documents. This text will 
be relocated to the new DFARS companion resource, Procedures, Guidance, 
and Information (PGI), available at http://www.acq.osd.mil/dpap/dars/pgi
.

    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 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 rule 
makes no significant change to DoD policy for preparation and use of 
material inspection and receiving reports. 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 subpart in accordance with 5 U.S.C. 610. Such comments should be 
submitted separately and should cite DFARS Case 2003-D085.

C. Paperwork Reduction Act

    The information collection requirements of DD Form 250, Material 
Inspection and Receiving Report, 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 Chapter 2

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

    Therefore, DoD proposes to amend 48 CFR Appendix F to Chapter 2 as 
follows:
    1. The authority citation for 48 CFR Appendix F to subchapter I 
continues to read as follows:

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

Appendix F to Chapter 2--Material Inspection and Receiving Report

    2. Appendix F to Chapter 2 is amended in Part 1, Section F-103, by 
revising paragraph (c) to read as follows:


F-103  Use.

* * * * *
    (c) The contractor prepares the MIRR, except for entries that an 
authorized Government representative is required to complete. The 
contractor shall furnish sufficient copies of the completed form, as 
directed by the Government representative.
* * * * *

    3. Appendix F to Chapter 2 is amended by revising Part 2 to read as 
follows:

PART 2--CONTRACT QUALITY ASSURANCE ON SHIPMENTS BETWEEN CONTRACTORS


F-201  Procedures.

    Follow the procedures at PGI F-201 for evidence of required 
Government contract quality assurance at a subcontractor's facility.

    4. Appendix F to Chapter 2 is amended in Part 3, Section F-301, by 
revising paragraph (b)(21)(iii) in the first sentence and paragraph 
(b)(21)(iv)(D) introductory text to read as follows:

F-301  Preparation instructions.

* * * * *
    (b) * * *
    (21) * * *
    (iii) When contract terms provide for use of Certificate of 
Conformance and shipment is made under these terms, the contractor 
shall enter in capital letters ``CERTIFICATE OF CONFORMANCE'' in 
Block 21a on the next line following the CQA and acceptance 
statements. * * *
    (iv) * * *
    (D) When Certificate of Conformance procedures apply, inspection 
or inspection and acceptance are at source, and the contractor's 
Certificate of Conformance is required, the contractor shall enter 
in capital letters ``CERTIFICATE OF CONFORMANCE'' as required by 
paragraph (b)(21)(iii) of this section.
* * * * *

    5. Appendix F to Chapter 2 is amended in Part 4, Section F-401, by 
revising paragraph (a) to read as follows:

F-401  Distribution.

    (a) The contractor is responsible for distributing the DD Form 
250, including mailing and payment of postage. Use of Wide Area 
WorkFlow-Receipt and Acceptance electronic form satisfies the 
distribution requirements of this section.
* * * * *

    6. Appendix F to Chapter 2 is amended by revising Part 7 to read as 
follows:

PART 7--DISTRIBUTION OF THE DD FORM 250-1


F-701  Distribution.

    Follow the procedures at PGI F-701 for distribution of DD Form 
250-1.


F-702  Corrected DD Form 250-1.

    Follow the procedures at PGI F-702 when corrections to DD Form 
250-1 are needed.

[FR Doc. 05-13304 Filed 7-11-05; 8:45 am]

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