Skip to Content

Rule

Defense Federal Acquisition Regulation Supplement; Production Surveillance and Reporting

Document Details

Information about this document as published in the Federal Register.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble

AGENCY:

Department of Defense (DoD).

ACTION:

Final rule.

SUMMARY:

The Director of Defense Procurement has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to revise the criteria for determining the degree of production surveillance needed for DoD contracts and to delete obsolete forms. The rule requires contract administration offices to conduct a risk assessment of each contractor to determine the degree of production surveillance needed for contracts awarded to that contractor.

EFFECTIVE DATE:

June 27, 2000.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

Mr. Rick Layser, Defense Acquisition Regulations Council, OUSD (AT&L) DP (DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0293; telefax (703) 602-0350. Please cite DFARS Case 99-D026.

End Further Info End Preamble Start Supplemental Information

SUPPLEMENTARY INFORMATION:

A. Background

This final rule makes the following changes to the DFARS:

1. Revises the production surveillance requirements at 242.1104, to require Start Printed Page 39723contract administration offices to conduct a risk assessment of each contractor to determine the degree of production surveillance needed for contracts awarded to that contractor.

2. Deletes an obsolete reference to cost/schedule control system requirements at 242.1106(a).

3. Deletes the following obsolete forms: DD Form 375, Production Progress Report; DD Form 375c, Production Progress Report (Continuation); and DD Form 375-2, Delay in Delivery.

DoD published a proposed rule on January 13, 2000 (65 FR 2109). Six sources submitted comments on the proposed rule. DoD considered all comments in the development of the final rule.

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 DFARS changes in this rule primarily affect the allocation of Government resources to production surveillance functions.

C. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq.

Start List of Subjects

List of Subjects in 48 CFR Parts 242 and 253

End List of Subjects Start Signature

Michele P. Peterson,

Executive Editor, Defense Acquisition Regulations Council.

End Signature

Therefore, 48 CFR Parts 242 and 253 are amended as follows:

Start Amendment Part

1. The authority citation for

End Amendment Part Start Authority

Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

End Authority Start Part

PART 242—CONTRACT ADMINISTRATION AND AUDIT SERVICES

End Part Start Amendment Part

2. Section 242.1104 is revised to read as follows:

End Amendment Part
Surveillance requirements.

(a) The cognizant contract administration office (CAO) must—

(i) Conduct a periodic risk assessment of each contractor to determine the degree of production surveillance needed for contracts awarded to that contractor. The risk assessment must consider information provided by the contractor and the contracting officer;

(ii) Develop a production surveillance plan based on the risk level determined during the risk assessment;

(iii) Modify the production surveillance plan to incorporate any special surveillance requirements for individual contracts, including any requirements identified by the contracting officer; and

(iv) Monitor contract progress and identify potential contract delinquencies in accordance with the production surveillance plan.

Start Amendment Part

3. Section 242.1106 is revised to read as follows:

End Amendment Part
Reporting requirements.

(a) See DoD 5000.2-R, Mandatory Procedures for Major Defense Acquisition Programs (MDAPs) and Major Automated Information System (MAIS) Acquisition Programs.

(b)(i) Within four working days after receipt of the contractor's report, the CAO must provide the report and any required comments to the contracting officer and, unless otherwise specified in the contract, the inventory control manager.

(ii) If the contractor's report indicates that the contract is on schedule and the CAO agrees, the CAO does not need to add further comments. In all other cases, the CAO must add comments and recommend a course of action.

Start Part

PART 253—FORMS

End Part Start Amendment Part

4. The note at the end of Part 253 is amended by removing the following entries:

End Amendment Part

“253.303-375 Production Progress Report.

“253.303-375c Production Progress Report (Continuation).

“253.303-375-2 Delay in Delivery.”

End Supplemental Information

[FR Doc. 00-15815 Filed 6-26-00; 8:45 am]

BILLING CODE 5000-04-M