[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: <a href="http://www.dtic.mil/dfars/
">http://www.dtic.mil/dfars/
</a> 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:
    <bullet> 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.
    <bullet> 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).
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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%.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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