[Federal Register Volume 63, Number 243 (Friday, December 18, 1998)]
[Rules and Regulations]
[Pages 70289-70290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33518]
[[Page 70289]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 46 and 52
[FAC 97-10; FAR Case 96-009; Item VI]
RIN 9000-AH61
Federal Acquisition Regulation; Contract Quality Requirements
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council have agreed on a final rule amending
the Federal Acquisition Regulation (FAR) to reflect a preference for
commercial contract quality requirements, rather than Federal or
military specifications, and to permit greater flexibility in
specifying higher-level contract quality requirements.
EFFECTIVE DATE: February 16, 1999.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS
Building, Washington, DC 20405, (202) 501-4755, for information
pertaining to status or publication schedules. For clarification of
content, contact Ms. Linda Klein, Procurement Analyst, at (202) 501-
3775. Please cite FAC 97-10, FAR case 96-009.
SUPPLEMENTARY INFORMATION:
A. Background
A proposed rule was published in the Federal Register at 62 FR
35891, July 2, 1997. The revisions in the final rule are based on the
analysis of public comments and further clarification of the rule. The
rule revises FAR 46.202-4, 46.311, and the clause at 52.246-11 to
replace references to Government specifications with references to
commercial quality standards as examples of higher-level contract
quality requirements; to require the contracting officer to indicate in
the solicitation which higher-level quality standards will satisfy the
Government's requirement; and, if more than one standard is listed in
the solicitation, to require the offeror to indicate its selection by
checking a block.
This regulatory action was not subject to Office of Management and
Budget review under Executive Order 12866, dated September 30, 1993,
and is not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act, 5 U.S.C.
601, et seq., because the rule merely clarifies procedures for, and
permits greater flexibility in, specifying higher-level quality
requirements in Government contracts.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose recordkeeping or information collection
requirements, or collections of information from offerors, contractors,
or members of the public which 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 46 and 52
Government procurement.
Dated: December 14, 1998.
Ralph DeStefano,
Acting Director, Federal Acquisition Policy Division.
Therefore, 48 CFR Parts 46 and 52 are amended as set forth below:
1. The authority citation for 48 CFR Parts 46 and 52 continues to
read as follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 46--QUALITY ASSURANCE
2. Section 46.202-4 is revised to read as follows:
46.202-4 Higher-level contract quality requirements.
(a) Requiring compliance with higher-level quality standards is
appropriate in solicitations and contracts for complex or critical
items (see 46.203(b) and (c)) or when the technical requirements of the
contract require--
(1) Control of such things as work operations, in-process controls,
and inspection; or
(2) Attention to such factors as organization, planning, work
instructions, documentation control, and advanced metrology.
(b) When the contracting officer, in consultation with technical
personnel, finds it is in the Government's interest to require that
higher-level quality standards be maintained, the contracting officer
shall use the clause prescribed at 46.311. The contracting officer
shall indicate in the clause which higher-level quality standards will
satisfy the Government's requirement. Examples of higher-level quality
standards are ISO 9001, 9002, or 9003; ANSI/ASQC Q9001, Q9002, or
Q9003; QS-9000; AS-9000; ANSI/ASQC E4; and ANSI/ASME NQA-1.
3. Section 46.311 is revised to read as follows:
46.311 Higher-level contract quality requirement.
The contracting officer shall insert the clause at 52.246-11,
Higher-Level Contract Quality Requirement, in solicitations and
contracts when the inclusion of a higher-level contract quality
requirement is appropriate (see 46.202-4).
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
4. Section 52.246-11 is revised to read as follows:
52.246-11 Higher-Level Contract Quality Requirement.
As prescribed in 46.311, insert the following clause:
Higher-Level Contract Quality Requirement (Feb 1999)
The Contractor shall comply with the higher-level quality
standard selected below. [If more than one standard is listed, the
offeror shall indicate its selection by checking the appropriate
block.]
Title Number Date Tailoring
__________________________. __________________________ __________________________ __________________________
__________________________. __________________________ __________________________ __________________________
__________________________. __________________________ __________________________ __________________________
__________________________. __________________________ __________________________ __________________________
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[Contracting Officer insert the title, number (if any), date, and
tailoring (if any) of the higher-level quality standards.]
(End of clause)
[FR Doc. 98-33518 Filed 12-16-98; 8:45 am]
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