Federal Register: December 19, 2006 (Volume 71, Number 243)
DOCID: FR Doc E6-21515
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
CFR Citation: 48 CFR Chapter 2
RIN ID: RIN 0750-AE73
NOTICE: RULES
ACTION: Acquisition regulations:
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY:
Defense Federal Acquisition Regulation Supplement; Material Inspection and Receiving Report (DFARS Case 2003-D085)
DATES: Effective Date: December 19, 2006.
DOCUMENT SUMMARY:
DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify requirements for preparation of material inspection and receiving reports under DoD contracts. In addition, the rule relocates text to the DFARS companion resource, Procedures, Guidance, and Information.
SUMMARY:
Material inspection and receiving report,
SUPPLEMENTAL INFORMATION
A. Background
This final rule updates DFARS Appendix F requirements for
preparation of DD Form 250, Material Inspection and Receiving Report. The changes to Appendix F include
[cir] Clarification of requirements for marking of shipments when a
contractor's certificate of conformance is used as the basis for acceptance;
[cir] Relocation of the requirement for the contractor to provide sufficient copies of DD Form 250, from F701 to F103; and
[cir] Deletion of procedures for documenting Government contract
quality assurance performed at a subcontractor's facility and for
distribution and correction of DD Form 2501 documents. This text has
been relocated to the DFARS companion resource, Procedures, Guidance,
and Information (PGI), at http://www.acq.osd.mil/dpap/dars/pgi.
DoD published a proposed rule at 70 FR 39975 on July 12, 2005. One respondent submitted comments on the proposed rule. The respondent recommended revision of Appendix F and the clause at DFARS 252.246 7000, Material Inspection and Receiving Report, to clarify that contractors are required to include a copy of the receiving report (either the paper DD Form 250 or the Wide Area WorkFlowReceipt and Acceptance (WAWFRA) receiving report) with the shipment. As a result of this comment, the proposed change to F401(a), which stated that use of WAWFRA satisfies DD Form 250 distribution requirements, has been excluded from this final rule; and DoD published another proposed rule at 71 FR 65769 on November 9, 2006, to request comments on the recommended revision.
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 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 the rule makes no significant change to DoD policy for the preparation and use of material inspection and receiving reports. 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 07040248, for use through March 31, 2008.
[[Page 75891]]
List of Subjects in 48 CFR Chapter 2
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR Appendix F to Chapter 2 is amended 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 2Material Inspection and Receiving Report
2. Appendix F to Chapter 2 is amended in Part 1, Section F103, by revising paragraph (c) to read as follows:
F103 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 2CONTRACT QUALITY ASSURANCE ON SHIPMENTS BETWEEN CONTRACTORS F201 Procedures.
Follow the procedures at PGI F201 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 F301, by
revising paragraph (b)(21)(iii) in the first sentence and paragraph (b)(21)(iv)(D) introductory text to read as follows:
F301 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 by revising Part 7 to read as follows:
PART 7DISTRIBUTION OF THE DD FORM 2501
F701 Distribution.
Follow the procedures at PGI F701 for distribution of DD Form 250 1.
F702 Corrected DD Form 2501.
Follow the procedures at PGI F702 when corrections to DD Form 250 1 are needed.
[FR Doc. E621515 Filed 121806; 8:45 am]
BILLING CODE 500108P
FOR FURTHER INFORMATION CONTACT
Ms. Robin Schulze, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 203013062. Telephone (703) 6020326; facsimile (703) 6020350. Please cite DFARS Case 2003D085.