OFFICE OF THE UNDER SECRETARY OF DEFENSE

3000 DEFENSE PENTAGON

WASHINGYON DC 20301-3000

ACQUISITION AND August 17, 1998

DP (DAR)

In reply refer to

DFARS Case:97-D038

D.L.96-021

MEMORANDUM FOR DIRECTORS OF DEFENSE AGENCIES DEPUTY FOR ACQUISITION AND BUSINESS MANAGEMENT,

SUBJECT:Quality Assurance Among North Atlantic Treaty Organization (NATO) Countries

We have amended the Defense Federal Acquisition Regulation Supplement (DFARS) to delete the reference to the NATO Standardization Agreement (STANAG) 4108, to reflect changes in STANAG 4107, and to clarify that the United States ratified STANAG 4107 with certain reservations.

The attached final DFARS rule is effective immediately and will be published in a future Defense Acquisition Circular

Attachment

[Federal Register: August 17, 1998 (Volume 63, Number 158)] [Rules and Regulations]

From the Federal Register Online via GPO Access

DEPARTMENT OF DEFENSE

48 CFR Part 246

[DFARS Case 97-D038]

Defense Federal Acquisition Regulation Supplement; Quality Assurance Among North Atlantic Treaty Organization Countries

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 update guidance pertaining to mutual acceptance of government quality assurance among North Atlantic Treaty Organization (NATO) countries.

EFFECTIVE DATE: August 17, 1998.

FOR FURTHER INFORMATION CONTACT: Rick Layser, Defense Acquisition Regulations Council, PDUSD (A&T) DP (DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0131; telefax (703) 602-0350. Please cite DFARS Case 97-D038.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule amends DFARS 246.406 to update guidance pertaining to NATO Standardization Agreement (STANAG) 4107, Mutual Acceptance of Government Quality Assurance and Usage of the Allied Quality Assurance Publications, and to remove obsolete references to STANAG 4108, Allied Quality Assurance Publications.

B. Regulatory Flexibility Act

The final rule does not constitute a significant revision within the meaning of FAR 1.501 and Public Law 98-577 and publication for public comment is not required. However, comments from small entities concerning the affected DFARS subpart will be considered in accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 97-D038.

C. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the final 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.

List of Subjects in 48 CFR Part 246

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition Regulations Council.

Therefore, 48 CFR part 246 is amended as follows:

1. The authority citation for 48 CFR Part 246 continues to read as follows:

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

PART 246--QUALITY ASSURANCE

2. Section 246.406 is amended by revising paragraph (1); and in paragraph (3), in the parenthetical sentence, by removing ``225.74'' and inserting in its place ``225.78''. (ESC NOTE: .78 should read .8 , and will be corrected in the Federal Register)The revised text reads as follows:

246.406 Foreign governments.

(1) Quality assurance among North Atlantic Treaty Organization (NATO) countries.

[(i) NATO Standardization Agreement (STANAG) 4107, Mutual Acceptance of Government Quality Assurance and Usage of the Allied Quality Assurance Publications--

(A)] Contains [the processes,] procedures, terms, and conditions under which one NATO [member nation] will perform quality assurance for another NATO [member nation] or NATO organization;

[(B) Standardizes the development, updating, and application of the Allied Quality Assurance Publications; and]

[(C) H]as been ratified by the United States and other nations in NATO [with certain reservations identified in STANAG 4107.]

[(ii)] Departments and agencies [shall follow STANAG 4107 when--

(A) Asking a NATO member nation] to perform quality assurance; [or

(B) Performing quality assurance] when requested by a NATO [member nation or NATO organization.]

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