[Federal Register Volume 64, Number 57 (Thursday, March 25, 1999)]
[Rules and Regulations]
[Pages 14398-14399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7136]
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DEPARTMENT OF DEFENSE
48 CFR Parts 211 and 252
[DFARS Case 97-D014]
Defense Federal Acquisition Regulation Supplement; Single Process
Initiative
AGENCY: Department of Defense (DoD).
ACTION: Final rule.
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SUMMARY: The Director of Defense Procurement has issued a final rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to facilitate the use of management and manufacturing processes that
DoD has accepted under the Single Process Initiative (SPI). SPI
provides for industry submission and DoD review of alternatives to
military and Federal specifications and standards.
EFFECTIVE DATE: March 25, 1999.
FOR FURTHER INFORMATION CONTACT: Mr. Rick Layser, Defense Acquisition
Regulations Council, PDUSD (A&T) DP (DAR), IMD 3D139, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0131; telefax
(703) 602-0350. Please cite DFARS Case 97-D014.
SUPPLEMENTARY INFORMATION:
A. Background
This rule amends DFARS 211.273-2, 211.273-3, and 252.211-7005 to
finalize the interim rule that was published in the Federal Register on
August 20, 1997 (62 FR 44223), with a request for comments. Four
sources submitted comments on the interim rule. All comments were
considered in the development of the final rule.
The final rule differs from the interim rule in that it clarifies
that an SPI management council includes contractor representation in
addition to DoD representation; provides that, before offers are due,
offerors may obtain verification that an SPI process is acceptable for
a particular procurement; provides an Internet site where accepted SPI
processes are listed; and clarifies documentation requirements for
offerors proposing to the use SPI processes.
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 industry participation in the DoD Single Process Initiative is
voluntary. Approximately 310 contractors are involved in the
initiative. It is estimated that 10 percent of those contractors are
small businesses.
C. Paperwork Reduction Act
The Office of Management and Budget has approved the information
collection requirements associated with this rule under OMB Control
Number 0704-0398, for use through January 31, 2001.
[[Page 14399]]
List of Subjects in 48 CFR Parts 211 and 252
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
Therefore, 48 CFR Parts 211 and 252 are amended as follows:
1. The authority citation for 48 CFR Parts 211 and 252 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 (CFR Chapter 1.
PART 211--DESCRIBING AGENCY NEEDS
2. Section 211.273-2 is amended by revising paragraph (b) to read
as follows:
211.273-2 Policy.
* * * * *
(b) DoD acceptance of an SPI process follows the decision of a
Management Council, which includes representatives of the contractor,
the Defense Contract Management Command, the Defense Contract Audit
Agency, and the military departments.
* * * * *
3. Section 211.273-3 is revised to read as follows:
211.273-3 Procedures.
(a) Solicitations for previously developed items shall encourage
offerors to identify SPI processes for use in lieu of military or
Federal specifications and standards cited in the solicitation. Use of
the clause at 252.211-7005 satisfies this requirement.
(b) Contracting officers shall ensure that--
(1) Concurrence of the requiring activity is obtained for any
proposed substitutions prior to contract award;
(2) Any necessary additional information regarding the SPI process
identified in the proposal is obtained from the cognizant
administrative contracting officer; and
(3) In competitive procurements, prospective offerors are provided
the opportunity to obtain verification that an SPI process is an
acceptable replacement for a military or Federal specification or
standard for the particular procurement prior to the date specified for
receipt of offers.
(c) Any determination that an SPI process is not acceptable for a
specific procurement shall be made prior to contract award at the head
of the contracting activity or program executive officer level. This
authority may not be delegated.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
4. Section 252.211-7005 is revised to read as follows:
252.211-7005 Substitutions for military or Federal specifications and
standards
As prescribed in 211.273-4, use the following clause:
SUBSTITUTIONS FOR MILITARY OR FEDERAL SPECIFICATIONS AND STANDARDS (MAR
1999)
(a) Definition. ``SPI process,'' as used in this clause, means a
management or manufacturing process that has been accepted
previously by the Department of Defense under the Single Process
Initiative (SPI) for use in lieu of a specific military or Federal
specification or standard at specific facilities. Under SPI, these
processes are reviewed and accepted by a Management Council, which
includes representatives of the Contractor, the Defense Contract
Management Command, the Defense Contract Audit Agency, and the
military departments.
(b) Offerors are encouraged to propose SPI processes in lieu of
military or Federal specifications and standards cited in the
solicitation. A listing of SPI processes accepted at specific
facilities is available via the Internet in PDF format at http://
www.dcmc.hq.dla.mil/spi/dbreport/modified.pdf and in Excel format at
http://www.dcmc.hg.dla.mil/spi/dbreport/modified.xls.
(c) An offeror proposing to use an SPI process in lieu of
military or Federal specifications or standards cited in the
solicitation shall--
(1) Identify the specific military or Federal specification or
standard for which the SPI process has been accepted;
(2) Identify each facility at which the offeror proposes to use
the specific SPI process in lieu of military or Federal
specifications or standards cited in the solicitation;
(3) Identify the contract line items, subline items, components,
or elements affected by the SPI process; and
(4) If the proposed SPI process has been accepted at the
facility at which it is proposed for use, but is not yet listed at
the Internet site specified in paragraph (b) of this clause, submit
documentation of Department of Defense acceptance of the SPI
process.
(d) Absent a determination that an SPI process is not acceptable
for this procurement, the Contract shall use the following SPI
processes in lieu of military or Federal specifications or
standards:
(Offeror insert information for each SPI process)
SPI Process:-----------------------------------------------------------
Facility:--------------------------------------------------------------
Military or Federal Specification or Standard:-------------------------
Affected Contract Line Item Number, Subline Item Number, Component, or
Element:---------------------------------------------------------------
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(e) If a prospective offeror wishes to obtain, prior to the time
specified for receipt of offers, verification that an SPI process is
an acceptable replacement for military or Federal specifications or
standards required by the solicitation, the prospective offeror--
(1) May submit the information required by paragraph (d) of this
clause to the Contracting Officer prior to submission of an offer;
but
(2) Must submit the information to the Contracting Officer at
least 10 working days prior to the date specified for receipt of
offers.
(End of clause)
[FR Doc. 99-7136 Filed 3-24-99; 8:45 am]
BILLING CODE 5000-04-M
