[Federal Register Volume 62, Number 51 (Monday, March 17, 1997)]
[Notices]
[Pages 12606-12608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6624]
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DEPARTMENT OF DEFENSE
Notice and Request for Comments Regarding a Proposed Extension of
an Approved Information Collection Requirement
SUMMARY: In compliance with Section 3506(c)(2)(A) of the Paperwork
Reduction Act of 1995 (Public Law 104-13), DoD announces the proposed
extension of a public information collection requirement and seeks
public comment on the provisions thereof. Comments are invited on: (a)
whether the proposed collection of information is necessary for the
proper performance of the functions of the agency, including whether
the information will have practical utility; (b) the accuracy of the
estimate of the burden of the proposed information collection; (c) ways
to enhance the quality, utility, and clarity of the information to be
collected; and (d) ways to minimize the burden of the information
collection on respondents, including the use of automated collection
techniques or other forms of information technology. This information
collection requirement is currently approved by the Office of
Management and Budget (OMB) for use through June 30, 1997. DoD proposes
that OMB extend its approval for use through June 30, 2000.
DATES: Consideration will be given to all comments received by May 16,
1997.
ADDRESSES: Written comments and recommendations on the proposed
information collection requirement should be sent to: Defense
Acquisition Regulations Council, Attn: Ms. Amy Williams, PDUSD (A&T) DP
(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062.
Telefax (703) 602-0350. Please cite OMB Control Number 0704-0187 in all
correspondence related to this issue.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, at (703) 602-0131. A
copy of this information collection requirement is available
electronically via the INTERNET at: http://www.dtic.mil/dfars/
Paper copies may be obtained from Ms. Amy Williams, PDUSD (A&T)
DP(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062.
Title, Associated Form, and OMB Number: Information Collection in
Support of the DoD Acquisition Process (Solicitation Phase), OMB
Control Number 0704-0187.
Needs and uses: This information collection requirement pertains to
information that an offeror must submit to DoD in response to a request
for proposals or invitation for bids. This information is used by DoD
to (1) evaluate offers, (2) determine which offeror should be selected
for contract award, and (3) determine whether the offered price is fair
and reasonable. This information is also used to determine whether the
Government should furnish precious metals as Government-furnished
material; to determine whether to accept alternative preservation,
packaging, or packing; to determine whether to trade in existing
personal property towards the purchase of new items; to verify
compliance with requirements for labeling of hazardous material; to
evaluate requests for price adjustment on stevedoring contracts; and to
monitor compliance with the U.S.-flag vessel shipping requirements.
Affected Public: Businesses or other for-profit and not-for-profit
institutions.
Annual Burden Hours: 43,544,644.
Number of Respondents: 250,121.
Responses per Respondent: Approximately 11.
Number of Responses: 2,808,197.
Average Burden per Response: 15.51 hours.
Frequency: On occasion.
Supplementary Information:
Summary of Information Collection
This information collection pertains to information, not separately
covered by another Office of Management and Budget clearance, that an
offeror must submit to DoD in response to a request for proposals or
invitation for bids. In particular, the information collection covers
the following DFARS requirements:
215.613-70, Four-step source selection procedures.
Paragraph (e)(5) of
[[Page 12607]]
this subsection requires a technical proposal to include
identification, when appropriate, of trade-offs among performance,
production costs, operating and support costs, schedule and logistics
support factors; and information showing that the goals for design to
cost and operating support costs (when used) will be achieved when the
applicable item enters production.
217.70, Exchange of Personal Property. Section 217.7004,
paragraph (9a), of this subpart requires that solicitations which
contemplate exchange (trade-in) of personal property and application of
the exchange allowance to the acquisition of similar property, shall
include a request for offerors to state prices for the new items being
acquired both with and without any exchange (trade-in allowance).
217.72, Bakery and Dairy Products. Section 217.7201,
paragraph (b)(2), of this subpart requires a contractor's list of
cabinet equipment in the schedule of the contract, when the contractor
is required to furnish its own cabinets for dispensing milk from bulk
containers.
217.74, Undefinitized Contract Actions. Unless an
exception in 217.7404-5 of this subpart applies, paragraph (b) of
subsection 217.7404-3 requires the contractor to submit a qualifying
proposal in accordance with the definitization schedule of the
undefinitized contract action. A ``qualifying proposal'' is defined in
paragraph (c) of 217.7401 as a proposal containing sufficient
information for DoD to do complete and meaningful analyses and audits
of the information in the proposal and any other information that the
contracting officer has determined that DoD needs to review in
connection with the contract.
217.75, Acquisition of Replenishment Parts. Paragraph (d)
of section 217.7504 of this subpart permits contracting officers to
include in sole source solicitations, that include acquisition of
replenishment parts, a provision requiring an offeror to supply with
its proposal, price and quantity data on any Government orders for the
replenishment part issued within the most recent 12 months.
252.208-7000, Intent to Furnish Precious Metals as
Government-Furnished Material. Paragraph (b) of this clause requires an
offeror to cite the type and quantity of precious metals required in
performance of the contract. Paragraph (c) requires the offeror to
submit two prices for each deliverable item which contains precious
metals-one based on the Government furnishing the precious metals, and
the other based on the contractor furnishing the precious metals.
252.209-7001, Disclosure of Ownership or Control by the
Government of a Terrorist Country. Paragraph (c) of this provision
requires an offeror to provide a disclosure with its offer if the
government of a terrorist country has a significant interest in the
offeror, in a subsidiary of the offeror, or in a parent company of
which the offeror is a subsidiary.
252.211-7004, Alternate Preservation, Packaging, and
Packing. Paragraph (b) of this provision requires an offeror to submit
information sufficient to allow evaluation of alternate packaging, only
if the offeror chooses to propose alternate packaging.
252.219-7000, Small Disadvantaged Business Concern
Representation (DoD Contracts). This provision requires an offeror that
is a Small Disadvantaged Business (SDB) concern to indicate, by
checking a block, (1) its category of ownership, (2) its status as an
SDB concern, and (3) whether the Small Business Administration (SBA)
has made a determination regarding its status as an SDB concern. If the
SBA has made a determination, the offeror must provide the date and
indicate the result of the determination by checking the appropriate
block.
252.219-7008, Notice of Evaluation Preference for Small
Disadvantaged Business Concerns--Construction Acquisitions--Test
Program. Paragraph (b)(1) of this clause requires an offeror to
separately state bond costs in its offer. Paragraph (c) permits small
disadvantaged businesses, historically black colleges or universities,
and minority institutions to waive the evaluation preference by
checking a block. The advantage of waiver is that the firm need not
comply with paragraph (d) which requires that, for general
construction, at least 15 percent of the cost of the contract,
excluding the cost of materials, will be performed by employees of the
concern. For construction by special trade contractors, the percentage
is 25%.
252.223-7001, Hazard Warning Labels. Paragraph (c) of this
clause requires all offerors to list which hazardous materials will be
labeled in accordance with one of the Acts listed in paragraphs (b) (1)
through (5) of the clause instead of the Hazard Communication Standard.
Paragraph (d) requires only the successful offeror to submit, before
award, a copy of the hazard warning label for all hazardous materials
not listed in paragraph (c) of the clause.
252.225-7003, Information for Duty-Free Entry Evaluation.
Paragraph (a) of this provision requires an offeror to check the
appropriate block to indicate whether the offer is based on furnishing
any supplies of foreign origin, other than those which are qualifying
country end items or components. If the answer to paragraph (a) is
positive, then paragraph (b) requires the offeror to check the
appropriate block to indicate whether such foreign supplies are now in
the United States, and whether duty has been paid. Paragraph (c)
requires the awardee to identify, at the request of the contracting
officer, the foreign supplies which are subject to duty-free entry.
252.225-7018, Notice of Prohibition of Certain Contracts
with Foreign Entities for the Conduct of Ballistic Missile Defense
RDT&E. Paragraph (e) of this provision requires an offeror to check the
appropriate block to indicate whether it is or is not a U.S. firm.
252.226-7000, Notice of Historically Black College or
University and Minority Institution Set-Aside. Paragraph (c)(2) of this
clause requires that, upon request of the contracting officer, the
offeror will provide evidence prior to award that the Secretary of
Education has determined the offeror to be a historically black college
or university or minority institution.
252.226-7001, Historically Black College or University and
Minority Institution Status. Paragraph (b) of this provision requires
an offeror that is a historically black college or university or
minority institution to check the appropriate block to indicate its
status as such.
252.237-7000, Notice of Special Standards of
Responsibility. Paragraph (c) of this provision requires the apparently
successful offeror, under a solicitation for audit services, to give
the contracting officer evidence that it is licensed by the cognizant
licensing authority in the state or other political jurisdiction where
the offeror operates its professional practice.
252.239-7009, Submission of Cost or Pricing Data--Common
Carriers, 239.7406, and 239.7408-1, Special Construction. The clause at
252.239-7009 requires the contractor to provide cost or pricing data,
under certain circumstances, upon request by the contracting officer.
Although 239.7406 requires contracting officers to obtain certified
cost or pricing data when unable to determine that prices are
reasonable, 10 U.S.C. 2306a(b), as modified by the Federal Acquisition
Streamlining Act of 1994 (Pub. L. 103-355) and the Clinger-Cohen Act of
1996 (Pub. L. 104-106), prohibits requiring cost or pricing data if an
exception applies. Paragraph (d) of 239.7408-1
[[Page 12608]]
requires a detailed special construction proposal, when a common
carrier submits a proposal or quotation that has special construction
requirements. One of the reasons for requesting cost or pricing data
from a common carrier is to support the reasonableness of special
construction and equipment charges.
252.247-7001, Price Adjustment. Paragraph (b) of this
clause requires a contractor for stevedoring services to notify the
contracting officer within 60 days of certain changes in the wage rates
or benefits that apply to the contractor's direct labor employees.
Paragraph (c) requires the contractor to include a proposal for
adjustment in the contract prices and data, in such form as the
contracting officer may require, explaining the causes, effective date,
and amount of the increase or decrease in the contractor's proposal for
the adjustment.
252.247-7002, Revision of Prices. Paragraph (c) of this
clause permits either the contractor or the contracting officer, under
a contract for stevedoring services, to deliver a written demand that
the parties negotiate to revise the prices under the contract.
Paragraph (d) specifies the data that the contractor shall submit.
Paragraph (g) addresses requests for price adjustment in the event of a
retroactive wage adjustment. In addition, the contractor is required to
notify the contracting officer in writing of any request by or on
behalf of the employees of the contractor which may result in a
retroactive wage adjustment.
252.247-7022, Representation of Extent of Transportation
by Sea; 247.527-1(c); and 252.212-7000, Offeror Representations and
Certifications--Commercial Items. Paragraph (c) of subsection 247.572-1
requires the contracting officer to ask each offeror whether it will
transport supplies by sea, referring to paragraph (a) of section
247.573, which is the prescription for the provision at 252.247-7022.
Paragraph (b) of the provision at 252.247-7022 and paragraph (c)(2) of
the provision at 252.212-7000 require an offeror check the appropriate
block to indicate whether it anticipates that supplies will be
transported by sea in the performance of any contract or subcontract
resulting from the solicitation.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
[FR Doc. 97-6624 Filed 3-14-97; 8:45 am]
BILLING CODE 5000-04-M
