94-22011. Federal Acquisition Regulation; Quality Assurance Actions Electronic Screening

[Federal Register Volume 59, Number 173 (Thursday, September 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22011]


[[Page Unknown]]

[Federal Register: September 8, 1994]


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DEPARTMENT OF DEFENSE
48 CFR Part 46

[FAR Case 92-31]

 

Federal Acquisition Regulation; Quality Assurance Actions--
Electronic Screening

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Proposed rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council are proposing to revise the Federal 
Acquisition Regulation (FAR) concerning ``Quality Assurance'' to 
include definitions of the terms ``latent defect'' and ``patent 
defect''. This proposed rule is the result of recommendations made by 
the Department of Defense Inspector General. This regulatory action was 
not subject to Office of Management and Budget review pursuant to 
Executive Order 12866, dated September 30, 1993.

DATES: Comments should be submitted on or before November 7, 1994 to be 
considered in the formulation of a final rule.

ADDRESSES: Interested parties should submit written comments to: 
General Services Administration, FAR Secretariat (VRS), 18th & F 
Streets, NW, Room 4037, Washington, DC 20405.

    Please cite FAR case 92-31 in all correspondence related to this 
case.
FOR FURTHER INFORMATION CONTACT:
Ms. Linda Klein at [phone] in reference to this FAR case. For 
general information, contact the FAR Secretariat, Room 4037, GS 
Building, Washington, DC 20405 [phone]. Please cite FAR case 92-
31.

SUPPLEMENTARY INFORMATION: 

A. Background

    On June 8, 1992, the Department of Defense Inspector General issued 
Audit Report 92-099, Quality Assurance Actions Resulting from 
Electronic Component Screening, which included a recommendation that 
the Defense FAR Supplement be revised to include definitions of the 
terms ``latent defect'' and ``patent defect''. The Director of Defense 
Procurement concurred with this recommendation; however, as both terms 
are used in the FAR, Part 46 of the FAR is being revised to include 
uniform definitions for use by all acquiring agencies.

B. Regulatory Flexibility Act

    This proposed rule is not expected 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 it 
provides uniform definitions for terms which are already in use. An 
Initial Regulatory Flexibility Analysis has, therefore, not been 
performed. Comments from small entities concerning the affected FAR 
subpart will be considered in accordance with 5 U.S.C. 610 of the Act. 
Such comments must be submitted separately and should cite 5 U.S.C. 
601, et. seq. (FAR case 92-31), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
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 Part 46

    Government procurement.

    Dated: August 31, 1994.
Albert A. Vicchiolla,
Director, Office of Federal Acquisition Policy.

    Therefore, it is proposed that 48 CFR part 46 be amended as set 
forth below:

PART 46--QUALITY ASSURANCE

    1. The authority citation for 48 CFR part 46 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).

    2. Section 46.101 is amended by adding in alphabetical order the 
definitions ``Latent defect'' and ``Patent defect'' to read as follows:


Sec. 46.101  Definitions.

* * * * *
    Latent defect means a defect which exists at the time of acceptance 
but cannot be discovered by a reasonable inspection.
* * * * *
    Patent defect means any defect which exists at the time of 
acceptance and is not a latent defect.
* * * * *

[FR Doc. 94-22011 Filed 9-7-94; 8:45 am]
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