Notices. Notice
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/register/2023/12/22/2023-28163·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 6820-FR-P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System [Docket DARS-2023-0031; OMB Control Number 0704-0245] Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Transportation AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Notice. SUMMARY: The Defense Acquisition Regulations System has submitted to OMB for clearance, the following proposed extension of a collection of information under the provisions of the Paperwork Reduction Act.
DATES: Consideration will be given to all comments received by January 22, 2024. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to *https://www.reginfo.gov/public/do/PRAMain.* Find this particular information collection by selecting “Currently under 30-day Review—Open for Public Comments” or by using the search function. You may also submit comments, identified by docket number and title, by the following method:
Federal eRulemaking Portal: *https://www.regulations.gov.* Follow the instructions for submitting comments. FOR FURTHER INFORMATION CONTACT: Angela Duncan, 571-372-7574, or *whs.mc-alex.esd.mbx.dd-dodinformation-collections@mail.mil.* SUPPLEMENTARY INFORMATION: *Title and OMB Number:* Transportation, and related clauses—DoD FAR Supplement Part 247, OMB Control Number 0704-0245. *Type of Request:* Extension of a currently approved collection. *Affected Public:* Businesses or other for-profit and not-for-profit institutions. *Respondent's Obligation:* Required to obtain or retain benefits. *Respondents:* 16,950. *Responses per Respondent:* 6.76, approximately. *Annual Responses:* 114,655. *Hours per Response:* 0.55, approximately. *Estimated Hours:* 63,354. *Reporting Frequency:* On occasion. *Needs and Uses:* DoD contracting officers use this information to verify that prospective contractors have adequate insurance prior to award of stevedoring contracts; to provide appropriate price adjustments to stevedoring contracts; to assist the Maritime Administration in monitoring compliance with requirements for use of U.S.-flag vessels in accordance with the Cargo Preference Act of 1904 (10 U.S.C. 2631); and to provide appropriate and timely shipping documentation and instructions to contractors.
The clause at DFARS 252.247-7000, Hardship Conditions, is prescribed at DFARS 247.270-4(a) for use in all solicitations and contracts for the acquisition of stevedoring services. Paragraph
(a)of the clause requires the contractor to notify the contracting officer of unusual conditions associated with loading or unloading a particular cargo, for potential adjustment of contract labor rates; and to submit any associated request for price adjustment to the contracting officer within 10 working days of the vessel sailing time. The clause at DFARS 252.247-7002, Revision of Prices, is prescribed at DFARS 247.270-4(b) for use in solicitations and contracts when using negotiation to acquire stevedoring services. Paragraph
(c)of the clause provides that, at any time, either the contracting officer or the contractor may deliver to the other a written demand that the parties negotiate to revise the prices under the contract. Paragraph
(d)of the clause requires that, if either party makes such a demand, the contractor must submit relevant data upon which to base negotiations. The clause at DFARS 252.247-7007, Liability and Insurance, is prescribed at DFARS 247.270-4(c) for use in all solicitations and contracts for the acquisition of stevedoring services. Paragraph
(f)of the clause requires the contractor to furnish the contracting officer with satisfactory evidence of insurance. The provision at DFARS 252.247-7022, Representation of Extent of Transportation by Sea, is prescribed at DFARS 247.574(a) for use in all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold. Paragraph
(b)of the provision requires the offeror to represent whether or not it anticipates that supplies will be transported by sea in the performance of any contract or subcontract resulting from the solicitation. The clause at DFARS 252.247-7023, Transportation of Supplies by Sea, is prescribed at DFARS 247.574(b) for use in all solicitations and contracts except those for direct purchase of ocean transportation services. Paragraph
(d)of the clause requires the contractor to submit any requests for use of other than U.S.-flag vessels in writing to the contracting officer. Paragraph
(e)of the clause requires the contractor to submit one copy of the rated on board vessel operating carrier's ocean bill of landing. Paragraph
(f)of the clause, if the contract exceeds the simplified acquisition threshold, requires the contractor to represent, with its final invoice, that:
(1)no ocean transportation was used in the performance of the contract;
(2)only U.S.-flag vessels were used for all ocean shipments under the contract;
(3)the contractor had the written consent of the contracting officer for all non-U.S.-flag ocean transportation; or
(4)shipments were made on non-U.S.-flag vessels without the written consent of the contracting officer. Contractors must flow down these requirements to noncommercial subcontracts and certain types of commercial subcontracts. Subcontracts at or below the simplified acquisition threshold are excluded from the requirements of paragraph
(f)stated above. Paragraph
(h)of the clause requires the contractor, after award, to notify the contracting officer if the contractor learns that supplies will be transported by sea and the contractor indicated, in the solicitation, that the contractor did not anticipate transporting any supplies by sea. The provision at DFARS 252.247-7026, Evaluation Preference for Use of Domestic Shipyards—Applicable to Acquisition of Carriage by Vessel for DoD Cargo in the Coastwise or Noncontiguous Trade, is prescribed at DFARS 247.574(d) in solicitations that require a covered vessel for carriage of cargo for DoD. Paragraph
(c)of the provision requires the offeror to provide information with its offer, addressing all covered vessels for which overhaul, repair, and maintenance work has been performed during the period covering the current calendar year, up to the date of proposal submission, and the preceding four calendar years. The clause at DFARS 252.247.7028, Application for U.S. Government Shipping Documentation/Instructions, is prescribed at DFARS 247.207(2) for inclusion in all solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, when shipping under Bills of Lading and Domestic Route Order under FOB origin contracts, Export Traffic Release regardless of FOB terms, or foreign military sales shipments. Paragraph
(a)of the clause requires contractors to complete DD Form 1659, Application for U.S. Government Shipping Documentation/Instructions, to request shipping instructions, unless an automated system is available (paragraph
(b)of the clause). *DoD Clearance Officer:* Ms. Angela Duncan. Requests for copies of the information collection proposal should be sent to Ms. Duncan at *whs.mc-alex.esd.mbx.dd-dod-information-collections@mail.mil.* Jennifer D. Johnson, Editor/Publisher, Defense Acquisition Regulations System. [FR Doc. 2023-28163 Filed 12-21-23; 8:45 am]
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