[Title 48 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2009 Edition]
[From the U.S. Government Printing Office]
[[Page 1]]
48
Chapter 2 (Parts 201 to 299)
Revised as of October 1, 2009
Federal Acquisition Regulations System
________________________
Containing a codification of documents of general
applicability and future effect
As of October 1, 2009
With Ancillaries
Published by
Office of the Federal Register
National Archives and Records
Administration
A Special Edition of the Federal Register
[[Page ii]]
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[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 48:
Chapter 2--Defense Acquisition Regulations System,
Department of Defense 3
Finding Aids:
Table of CFR Titles and Chapters........................ 543
Alphabetical List of Agencies Appearing in the CFR...... 563
List of CFR Sections Affected........................... 573
[[Page iv]]
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 48 CFR 201.104
refers to title 48, part
201, section 104.
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[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
The contents of the Federal Register are required to be judicially
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie
evidence of the text of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual
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together to determine the latest version of any given rule.
To determine whether a Code volume has been amended since its
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Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative
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the daily Federal Register. These two lists will identify the Federal
Register page number of the latest amendment of any given rule.
EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
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citations for the regulations are referred to by volume number and page
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OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
amendments to existing regulations in the CFR. These OMB numbers are
placed as close as possible to the applicable recordkeeping or reporting
requirements.
OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
the cover of each volume are not carried. Code users may find the text
of provisions in effect on a given date in the past by using the
appropriate numerical list of sections affected. For the period before
January 1, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in eleven separate
volumes. For the period beginning January 1, 2001, a ``List of CFR
Sections Affected'' is published at the end of each CFR volume.
INCORPORATION BY REFERENCE
What is incorporation by reference? Incorporation by reference was
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This material, like any other properly issued regulation, has the force
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What is a proper incorporation by reference? The Director of the
Federal Register will approve an incorporation by reference only when
the requirements of 1 CFR part 51 are met. Some of the elements on which
approval is based are:
(a) The incorporation will substantially reduce the volume of
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(b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the administrative
process.
(c) The incorporating document is drafted and submitted for
publication in accordance with 1 CFR part 51.
What if the material incorporated by reference cannot be found? If
you have any problem locating or obtaining a copy of material listed as
an approved incorporation by reference, please contact the agency that
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contacting the agency, you find the material is not available, please
notify the Director of the Federal Register, National Archives and
Records Administration, Washington DC 20408, or call 202-741-6010.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
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The Federal Register Index is issued monthly in cumulative form.
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the daily Federal Register.
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
[[Page vii]]
REPUBLICATION OF MATERIAL
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Raymond A. Mosley,
Director,
Office of the Federal Register.
October 1, 2009.
[[Page ix]]
THIS TITLE
Title 48--Federal Acquisition Regulations System is composed of
seven volumes. The chapters in these volumes are arranged as follows:
Chapter 1 (parts 1 to 51), chapter 1 (parts 52 to 99), chapter 2 (parts
201 to 299), chapters 3 to 6, chapters 7 to 14, chapters 15 to 28 and
chapter 29 to end. The contents of these volumes represent all current
regulations codified under this title of the CFR as of October 1, 2009.
The Federal acquisition regulations in chapter 1 are those
government-wide acquisition regulations jointly issued by the General
Services Administration, the Department of Defense, and the National
Aeronautics and Space Administration. Chapters 2 through 99 are
acquisition regulations issued by individual government agencies. Parts
1 to 69 in each of chapters 2 through 99 are reserved for agency
regulations implementing the Federal acquisition regulations in chapter
1 and are numerically keyed to them. Parts 70 to 99 in chapters 2
through 99 contain agency regulations supplementing the Federal
acquisition regulations.
The OMB control numbers for the Federal Acquisition Regulations
System appear in section 1.106 of chapter 1. For the convenience of the
user section 1.106 is reprinted in the Finding Aids section of the
second volume containing chapter 1 (parts 52 to 99).
The first volume, containing chapter 1 (parts 1 to 51), includes an
index to the Federal acquisition regulations.
For this volume, Jonn V. Lilyea was Chief Editor. The Code of
Federal Regulations publication program is under the direction of
Michael L. White, assisted by Ann Worley.
[[Page 1]]
TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
(This book contains chapter 2, parts 201 to 299)
--------------------------------------------------------------------
Part
chapter 2--Defense Acquisition Regulations System,
Department of Defense..................................... 201
[[Page 3]]
CHAPTER 2--DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE
--------------------------------------------------------------------
SUBCHAPTER A--GENERAL
Part Page
201 Federal Acquisition Regulations System...... 7
202 Definitions of words and terms.............. 13
203 Improper business practices and personal
conflicts of interest................... 15
204 Administrative matters...................... 19
SUBCHAPTER B--ACQUISITION PLANNING
205 Publicizing contract actions................ 37
206 Competition requirements.................... 38
207 Acquisition planning........................ 41
208 Required sources of supplies and services... 46
209 Contractor qualifications................... 52
210 Market research............................. 60
211 Describing agency needs..................... 61
212 Acquisition of commercial items............. 66
SUBCHAPTER C--CONTRACTING METHODS AND CONTRACT TYPES
213 Simplified acquisition procedures........... 72
214 Sealed bidding.............................. 75
215 Contracting by negotiation.................. 76
216 Types of contracts.......................... 94
217 Special contracting methods................. 99
218 Emergency acquisitions...................... 113
SUBCHAPTER D--SOCIOECONOMIC PROGRAMS
219 Small business programs..................... 117
222 Application of labor laws to government
acquisitions............................ 126
223 Environment, energy and water efficiency,
renewable energy technologies,
occupational safety, and drug-free
workplace............................... 135
[[Page 4]]
224 Protection of privacy and freedom of
information............................. 139
225 Foreign acquisition......................... 139
226 Other socioeconomic programs................ 180
SUBCHAPTER E--GENERAL CONTRACTING REQUIREMENTS
227 Patents, data, and copyrights............... 183
228 Bonds and insurance......................... 224
229 Taxes....................................... 227
230 Cost accounting standards administration.... 228
231 Contract cost principles and procedures..... 229
232 Contract financing.......................... 233
233 Protests, disputes, and appeals............. 245
SUBCHAPTER F--SPECIAL CATEGORIES OF CONTRACTING
234 Major system acquisition.................... 247
235 Research and development contracting........ 249
236 Construction and architect-engineer
contracts............................... 253
237 Service contracting......................... 258
239 Acquisition of information technology....... 270
241 Acquisition of utility services............. 276
SUBCHAPTER G--CONTRACT MANAGEMENT
242 Contract administration and audit services.. 279
243 Contract modifications...................... 289
244 Subcontracting policies and procedures...... 290
245 Government property......................... 292
246 Quality assurance........................... 311
247 Transportation.............................. 317
249 Termination of contracts.................... 328
250 Extraordinary contractual actions and the
Safety Act.............................. 331
251 Use of government sources by contractors.... 332
SUBCHAPTER H--CLAUSES AND FORMS
252 Solicitation provisions and contract clauses 334
253 Forms....................................... 507
SUBCHAPTER I--AGENCY SUPPLEMENTARY REGULATIONS
Appendix A--Armed Services Board of Contract
Appeals................................. 509
Appendixes B-E [Reserved]
Appendix F--Material Inspection and
Receiving Report........................ 518
Appendix G [Reserved]
Appendix H--Debarment and Suspension
Procedures.............................. 531
[[Page 5]]
Appendix I--Policy and Procedures for the
DOD Pilot Mentor-Protege Program........ 532
[[Page 7]]
SUBCHAPTER A_GENERAL
PART 201_FEDERAL ACQUISITION REGULATIONS SYSTEM
Subpart 201.1_Purpose, Authority, Issuance
Sec.
Sec. 201.104 Applicability.
Sec. 201.105 Issuance.
Sec. 201.105-3 Copies.
Sec. 201.107 Certifications.
Sec. 201.109 Statutory acquisition-related dollar thresholds-adjustment
for inflation.
Sec. 201.170 Peer Reviews.
Subpart 201.2_Administration
Sec. 201.201 Maintenance of the FAR.
Sec. 201.201-1 The two councils.
Sec. 201.201-70 Maintenance of Procedures, Guidance, and Information.
Subpart 201.3_Agency Acquisition Regulations
Sec. 201.301 Policy.
Sec. 201.303 Publication and codification.
Sec. 201.304 Agency control and compliance procedures.
Subpart 201.4_Deviations From the FAR
Sec. 201.402 Policy.
Sec. 201.403 Individual deviations.
Sec. 201.404 Class deviations.
Subpart 201.6_Career Development, Contracting Authority, and
Responsibilities
Sec. 201.602 Contracting officers.
Sec. 201.602-2 Responsibilities.
Sec. 201.602-70 Contract clause.
Sec. 201.603 Selection, appointment, and termination of appointment.
Sec. 201.603-2 Selection.
Sec. 201.603-3 Appointment.
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
Source: 56 FR 36284, July 31, 1991, unless otherwise noted.
Subpart 201.1_Purpose, Authority, Issuance
Sec. 201.104 Applicability.
The FAR and the Defense Federal Acquisition Regulation Supplement
(DFARS) also apply to purchases and contracts by DoD contracting
activities made in support of foreign military sales or North Atlantic
Treaty Organization cooperative projects without regard to the nature or
sources of funds obligated, unless otherwise specified in this
regulation.
[56 FR 36284, July 31, 1991. Redesignated at 64 FR 39430, July 22, 1999]
Sec. 201.105 Issuance.
Sec. 201.105-3 Copies.
The DFARS and the DFARS Procedures, Guidance, and Information (PGI)
are available electronically via the World Wide Web at http://
www.acq.osd.mil/dpap/dars/index.htm.
[69 FR 63326, Nov. 1, 2004]
Sec. 201.107 Certifications.
In accordance with Section 29 of the Office of Federal Procurement
Policy Act (41 U.S.C. 425), a new requirement for a certification by a
contractor or offeror may not be included in the DFARS unless--
(1) The certification requirement is specifically imposed by
statute; or
(2) Written justification for such certification is provided to the
Secretary of Defense by the Under Secretary of Defense (Acquisition,
Technology, and Logistics), and the Secretary of Defense approves in
writing the inclusion of such certification requirement.
[63 FR 11528, Mar. 9, 1998, as amended at 65 FR 39704, June 27, 2000]
Sec. 201.109 Statutory acquisition-related dollar thresholds-adjustment
for inflation.
(d) A matrix showing the most recent escalation adjustments of
statutory acquisition-related dollar thresholds is available at PGI
201.109.
[71 FR 75892, Dec. 19, 2006]
Sec. 201.170 Peer Reviews.
(a) Acquisitions valued at $1 billion or more.
(1) The Office of the Director, Defense Procurement and Acquisition
[[Page 8]]
Policy, will organize teams of reviewers and facilitate Peer Reviews for
solicitations and contracts valued at $1 billion or more, as follows:
(i) Pre-award Peer Reviews will be conducted for all solicitations
valued at $1 billion or more (including options).
(ii) Post-award Peer Reviews will be conducted for all contracts for
services valued at $1 billion or more (including options).
(iii) Reviews will be conducted using the procedures at PGI 201.170.
(2) To facilitate planning for Peer Reviews, the military
departments, defense agencies, and DoD field activities shall provide a
rolling annual forecast of acquisitions with an anticipated value of $1
billion or more (including options) at the end of each quarter (i.e.,
March 31; June 30; September 30; December 31), to the Deputy Director,
Defense Procurement and Acquisition Policy (Contract Policy and
International Contracting), 3060 Defense Pentagon, Washington, DC 20301-
3060.
(b) Acquisitions valued at less than $1 billion. The military
departments, defense agencies, and DoD field activities shall establish
procedures for--
(1) Pre-award Peer Reviews of solicitations valued at less than $1
billion; and
(2) Post-award Peer Reviews of contracts for services valued at less
than $1 billion.
[74 FR 37626, July 29, 2009]
Subpart 201.2_Administration
Sec. 201.201 Maintenance of the FAR.
Sec. 201.201-1 The two councils.
(c) The composition and operation of the DAR Council is prescribed
in DoD Instruction 5000.35, Defense Acquisition Regulations (DAR)
System.
(d)(i) Departments and agencies process proposed revisions of FAR or
DFARS through channels to the Director of the DAR Council. Process the
proposed revision as a memorandum in the following format, addressed to
the Director, DAR Council, OUSD(AT&L), 3062 Defense Pentagon,
Washington, DC 20301-3062; datafax (703) 602-0350:
I. PROBLEM: Succinctly state the problem created by current FAR and/
or DFARS coverage and describe the factual and/or legal reasons
necessitating the change to the regulation.
II. Recommendation: Identify the FAR and/or DFARS citations to be
revised. Attach as TAB A a copy of the text of the existing coverage,
conformed to include the proposed additions and deletions. Indicate
deleted coverage with dashed lines through the current words being
deleted and insert proposed language in brackets at the appropriate
locations within the existing coverage. If the proposed deleted portion
is extensive, it may be outlined by lines forming a box with diagonal
lines drawn connecting the corners.
III. Discussion: Include a complete, convincing explanation of why
the change is necessary and how the recommended revision will solve the
problem. Address advantages and disadvantages of the proposed revision,
as well as any cost or administrative impact on Government activities
and contractors. Identify any potential impact of the change on
automated systems, e.g., automated financial and procurement systems.
Provide any other background information that would be helpful in
explaining the issue.
IV. Collaterals: Address the need for public comment (FAR 1.301(b)
and subpart 1.5), the Paperwork Reduction Act, and the Regulatory
Flexibility Act (FAR 1.301(c)).
V. Deviations: If a recommended revision of DFARS is a FAR
deviation, identify the deviation and include under separate TAB a
justification for the deviation that addresses the requirements of
201.402(2). The justification should be in the form of a memorandum for
the Director of Defense Procurement and Acquisition Policy, Office of
the Under Secretary of Defense (Acquisition, Technology, and Logistics).
(ii) The public may offer proposed revisions of FAR or DFARS by
submission of a memorandum, in the format (including all of the
information) prescribed in paragraph (d)(i) of this subsection, to the
Director of the DAR Council.
[56 FR 36284, July 31, 1991, as amended at 60 FR 61591, Nov. 30, 1995;
61 FR 50451, Sept. 26, 1996; 63 FR 11528, Mar. 9, 1998; 65 FR 6552, Feb.
10, 2000; 68 FR 7439, Feb. 14, 2003; 73 FR 70906, Nov. 24, 2008]
[[Page 9]]
Sec. 201.201-70 Maintenance of Procedures, Guidance, and Information.
The DAR Council is also responsible for maintenance of the DFARS
Procedures, Guidance, and Information (PGI).
[69 FR 63326, Nov. 1, 2004]
Subpart 201.3_Agency Acquisition Regulations
Sec. 201.301 Policy.
(a)(1) DoD implementation and supplementation of the FAR is issued
in the Defense Federal Acquisition Regulation Supplement (DFARS) under
authorization and subject to the authority, direction, and control of
the Secretary of Defense. The DFARS contains--
(i) Requirements of law;
(ii) DoD-wide policies;
(iii) Delegations of FAR authorities;
(iv) Deviations from FAR requirements; and
(v) Policies/procedures that have a significant effect beyond the
internal operating procedures of DoD or a significant cost or
administrative impact on contractors or offerors.
(2) Relevant procedures, guidance, and information that do not meet
the criteria in paragraph (a)(1) of this section are issued in the DFARS
Procedures, Guidance, and Information (PGI).
(b) When Federal Register publication is required for any policy,
procedure, clause, or form, the department or agency requesting Under
Secretary of Defense (Acquisition, Technology, and Logistics) (USD
(AT&L)) approval for use of the policy, procedure, clause, or form (see
201.304(1)) must include an analysis of the public comments in the
request for approval.
[56 FR 36284, July 31, 1991, as amended at 60 FR 61591, Nov. 30, 1995;
65 FR 6552, Feb. 10, 2000; 69 FR 63326, Nov. 1, 2004]
Sec. 201.303 Publication and codification.
(a)(i) The DFARS is codified under chapter 2 in title 48, Code of
Federal Regulations.
(ii) To the extent possible, all DFARS text (whether implemental or
supplemental) is numbered as if it were implemental. Supplemental
numbering is used only when the text cannot be integrated intelligibly
with its FAR counterpart.
(A) Implemental numbering is the same as its FAR counterpart, except
when the text exceeds one paragraph, the subdivisions are numbered by
skipping a unit in the FAR 1.105-2(b)(2) prescribed numbering sequence.
For example, three paragraphs implementing FAR 19.501 would be numbered
219.501 (1), (2), and (3) rather than (a), (b), and (c). Three
paragraphs implementing FAR 19.501(a) would be numbered 219.501(a) (i),
(ii), and (iii) rather than (a) (1), (2), and (3). Further subdivision
of the paragraphs follows the prescribed numbering sequence, e.g.,
219.501(1)(i)(A)(1)(i).
(B) Supplemental numbering is the same as its FAR counterpart, with
the addition of a number of 70 and up or (S-70) and up. Parts, subparts,
sections, or subsections are supplemented by the addition of a number of
70 and up. Lower divisions are supplemented by the addition of a number
of (S-70) and up. When text exceeds one paragraph, the subdivisions are
numbered using the FAR 1.105-2(b)(2) prescribed sequence, without
skipping a unit. For example, DFARS text supplementing FAR 19.501 would
be numbered 219.501-70. Its subdivisions would be numbered 219.501-70
(a), (b), and (c).
(C) Subdivision numbering below the 4th level does not repeat the
numbering sequence. It uses italicized Arabic numbers and then
italicized lower case Roman numerals.
(D) An example of DFARS numbering is in Table 1-1, DFARS Numbering.
(iii) Department/agency and component supplements must parallel the
FAR and DFARS numbering, except department/agency supplemental numbering
uses subsection numbering of 90 and up, instead of 70 and up.
Table 1-1--DFARS Numbering
------------------------------------------------------------------------
FAR Is implemented as Is supplemented as
------------------------------------------------------------------------
19 219 219.70
19.5 219.5 219.570
19.501 219.501 219.501-70
19.501-1 219.501-1 219.501-1-70
19.501-1(a) 219.501-1(a) 219.501-1(a)(S-70)
19.501-1(a)(1) 219.501-1(a)(1) 219.501-1(a)(1)(S-70)
------------------------------------------------------------------------
[[Page 10]]
[56 FR 36284, July 31, 1991, as amended at 64 FR 51074, Sept. 21, 1999]
Sec. 201.304 Agency control and compliance procedures.
Departments and agencies and their component organizations may issue
acquisition regulations as necessary to implement or supplement the FAR
or DFARS.
(1)(i) Approval of the USD (AT&L) is required before including in a
department/agency or component supplement, or any other contracting
regulation document such as a policy letter or clause book, any policy,
procedure, clause, or form that--
(A) Has a significant effect beyond the internal operating
procedures of the agency; or
(B) Has a significant cost or administrative impact on contractors
or offerors.
(ii) Except as provided in paragraph (2) of this section, the
USD(AT&L) has delegated authority to the Director of Defense Procurement
and Acquisition Policy (OUSD(AT&L)DPAP) to approve or disapprove the
policies, procedures, clauses, and forms subject to paragraph (1)(i) of
this section.
(2) In accordance with Section 29 of the Office of Federal
Procurement Policy Act (41 U.S.C. 425), a new requirement for a
certification by a contractor or offeror may not be included in a
department/agency or component procurement regulation unless--
(i) The certification requirement is specifically imposed by
statute; or
(ii) Written justification for such certification is provided to the
Secretary of Defense by USD(AT&L), and the Secretary of Defense approves
in writing the inclusion of such certification requirement.
(3) Contracting activities must obtain the appropriate approval (see
201.404) for any class deviation (as defined in FAR subpart 1.4) from
the FAR or DFARS, before its inclusion in a department/agency or
component supplement or any other contracting regulation document such
as a policy letter or clause book.
(4) Each department and agency must develop and, upon approval by
OUSD(AT&L)DPAP, implement, maintain, and comply with a plan for
controlling the use of clauses other than those prescribed by FAR or
DFARS.
(5) Departments and agencies must submit requests for the Secretary
of Defense, USD(AT&L), and OUSD(AT&L)DPAP approvals required by this
section through the Director of the DAR Council.
(6) The Director of Defense Procurement publishes changes to the
DFARS in the Federal Register and electronically via the World Wide Web.
Each change includes an effective date. Unless guidance accompanying a
change states otherwise, contracting officers must include any new or
revised clauses, provisions, or forms in solicitations issued on or
after the effective date of the change.
[56 FR 36284, July 31, 1991, as amended at 60 FR 61591, Nov. 30, 1995;
63 FR 11528, Mar. 9, 1998; 64 FR 39430, July 22, 1999; 65 FR 6552, Feb.
10, 2000; 68 FR 7439, Feb. 14, 2003]
Subpart 201.4_Deviations From the FAR
Sec. 201.402 Policy.
(1) The Director of Defense Procurement and Acquisition Policy,
Office of the Under Secretary of Defense (Acquisition, Technology, and
Logistics) (OUSD(AT&L)DPAP), is the approval authority within DoD for
any individual or class deviation from--
(i) FAR 3.104, Procurement Integrity, or DFARS 203.104, Procurement
Integrity;
(ii) FAR Subpart 27.4, Rights in Data and Copyrights, or DFARS
Subpart 227.4, Rights in Data and Copyrights;
(iii) FAR part 30, Cost Accounting Standards Administration, or
DFARS part 230, Cost Accounting Standards Administration;
(iv) FAR subpart 31.1, Applicability, or DFARS subpart 231.1,
Applicability (contract cost principles);
(v) FAR subpart 31.2, Contracts with Commercial Organizations, or
DFARS subpart 231.2, Contracts with Commercial Organizations; or
(vi) FAR part 32, Contract Financing (except subparts 32.7 and 32.8
and the payment clauses prescribed by subpart 32.1), or DFARS part 232,
Contract Financing (except subparts 232.7 and 232.8).
[[Page 11]]
(2) Submit requests for deviation approval through department/agency
channels to the approval authority in paragraph (1) of this section,
201.403, or 201.404, as appropriate. Submit deviations that require
OUSD(AT&L)DPAP approval through the Director of the DAR Council. At a
minimum, each request must--
(i) Identify the department/agency, and component if applicable,
requesting the deviation;
(ii) Identify the FAR or DFARS citation from which a deviation is
needed, state what is required by that citation, and indicate whether an
individual or class deviation is requested;
(iii) Describe the deviation and indicate which of paragraphs (a)
through (f) of FAR 1.401 best categorizes the deviation;
(iv) State whether the deviation will have a significant effect
beyond the internal operating procedures of the agency and/or a
significant cost or administrative impact on contractors or offerors,
and give reasons to support the statement;
(v) State the period of time for which the deviation is required;
(vi) State whether approval for the same deviation has been received
previously, and if so, when;
(vii) State whether the proposed deviation was published (see FAR
subpart 1.5 for publication requirements) in the Federal Register and
provide analysis of comments;
(viii) State whether the request for deviation has been reviewed by
legal counsel, and if so, state results; and
(ix) Give detailed rationale for the request. State what problem or
situation will be avoided, corrected, or improved if request is
approved.
[56 FR 36284, July 31, 1991, as amended at 60 FR 61591, Nov. 30, 1995;
61 FR 50451, Sept. 26, 1996; 64 FR 8727, Feb. 23, 1999; 65 FR 6552, Feb.
10, 2000; 68 FR 7439, Feb. 14, 2003]
Sec. 201.403 Individual deviations.
(1) Individual deviations, except those described in 201.402(1) and
paragraph (2) of this section, must be approved in accordance with the
department/agency plan prescribed by 201.304(4).
(2) Contracting officers outside the United States may deviate from
prescribed nonstatutory FAR and DFARS clauses when--
(i) Contracting for support services, supplies, or construction,
with the governments of North Atlantic Treaty Organization (NATO)
countries or other allies (as described in 10 U.S.C. 2341(2)), or with
United Nations or NATO organizations; and
(ii) Such governments or organizations will not agree to the
standard clauses.
[65 FR 6552, Feb. 10, 2000]
Sec. 201.404 Class deviations.
(b)(i) Except as provided in paragraph (b)(ii) of this section,
OUSD(AT&L)DPAP is the approval authority within DoD for any class
deviation.
(ii) The senior procurement executives for the Army, Navy, and Air
Force, and the Directors of the Defense Commissary Agency, the Defense
Contract Management Agency, and the Defense Logistics Agency, may
approve any class deviation, other than those described in 201.402(1),
that does not--
(A) Have a significant effect beyond the internal operating
procedures of the department or agency;
(B) Have a significant cost or administrative impact on contractors
or offerors;
(C) Diminish any preference given small business concerns by the FAR
or DFARS; or
(D) Extend to requirements imposed by statute or by regulations of
other agencies such as the Small Business Administration and the
Department of Labor.
[65 FR 6552, Feb. 10, 2000, as amended at 65 FR 52951, Aug. 31, 2000; 68
FR 7439, Feb. 14, 2003]
Subpart 201.6_Career Development, Contracting Authority, and
Responsibilities
Sec. 201.602 Contracting officers.
Sec. 201.602-2 Responsibilities.
(1) Follow the procedures at PGI 201.602-2 regarding designation of
a contracting officer's representative (COR).
(2) A COR--
[[Page 12]]
(i) Must be a Government employee, unless otherwise authorized in
agency regulations;
(ii) Must be qualified by training and experience commensurate with
the responsibilities to be delegated in accordance with department/
agency guidelines;
(iii) May not be delegated responsibility to perform functions at a
contractor's location that have been delegated under FAR 42.202(a) to a
contract administration office;
(iv) Has no authority to make any commitments or changes that affect
price, quality, quantity, delivery, or other terms and conditions of the
contract; and
(v) Must be designated in writing, and a copy furnished the
contractor and the contract administration office--
(A) Specifying the extent of the COR's authority to act on behalf of
the contracting officer;
(B) Identifying the limitations on the COR's authority;
(C) Specifying the period covered by the designation;
(D) Stating the authority is not redelegable; and
(E) Stating that the COR may be personally liable for unauthorized
acts.
[71 FR 69489, Dec. 1, 2006]
Sec. 201.602-70 Contract clause.
Use the clause at 252.201-7000, Contracting Officer's
Representative, in solicitations and contracts when appointment of a
contracting officer's representative is anticipated.
Sec. 201.603 Selection, appointment, and termination of appointment.
Sec. 201.603-2 Selection.
(1) In accordance with 10 U.S.C. 1724, in order to qualify to serve
as a contracting officer with authority to award or administer contracts
for amounts above the simplified acquisition threshold, a person must--
(i) Have completed all contracting courses required for a
contracting officer to serve in the grade in which the employee or
member of the armed forces will serve;
(ii) Have at least 2 years experience in a contracting position;
(iii) Have--
(A) Received a baccalaureate degree from an accredited educational
institution; and
(B) Completed at least 24 semester credit hours, or equivalent, of
study from an accredited institution of higher education in any of the
following disciplines: accounting, business finance, law, contracts,
purchasing, economics, industrial management, marketing, quantitative
methods, and organization and management; and
(iv) Meet such additional requirements, based on the dollar value
and complexity of the contracts awarded or administered in the position,
as may be established by the Secretary of Defense.
(2) The qualification requirements in paragraph (1)(iii) of this
subsection do not apply to a DoD employee or member of the armed forces
who--
(i) On or before September 30, 2000, occupied--
(A) A contracting officer position with authority to award or
administer contracts above the simplified acquisition threshold; or
(B) A position either as an employee in the GS-1102 occupational
series or a member of the armed forces in an occupational specialty
similar to the GS-1102 series;
(ii) Is in a contingency contracting force; or
(iii) Is an individual appointed to a 3-year developmental position.
Information on developmental opportunities is contained in DoD
Instruction 5000.66, Operation of the Defense Acquisition, Technology,
and Logistics Workforce Education, Training, and Career Development
Program.
(3) Waivers to the requirements in paragraph (1) of this subsection
may be authorized. Information on waivers is contained in DoD
Instruction 5000.66.
[67 FR 65509, Oct. 25, 2002, as amended at 73 FR 21844, Apr. 23, 2008]
Sec. 201.603-3 Appointment.
(a) Certificates of Appointment executed under the Armed Services
Procurement Regulation or the Defense Acquisition Regulation have the
same effect as if they had been issued under FAR.
[[Page 13]]
(b) Agency heads may delegate the purchase authority in 213.301 to
DoD civilian employees and members of the U.S. Armed Forces.
[56 FR 36284, July 31, 1991, as amended at 64 FR 56705, Oct. 21, 1999]
PART 202_DEFINITIONS OF WORDS AND TERMS
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
Subpart 202.1_Definitions
Sec. 202.101 Definitions.
Congressional defense committees means--
(1) The Committee on Armed Services of the Senate;
(2) The Subcommittee on Defense of the Committee on Appropriations
of the Senate;
(3) The Committee on Armed Services of the House of Representatives;
and
(4) The Subcommittee on Defense of the Committee on Appropriations
of the House of Representatives.
Contract administration office also means a contract management
office of the Defense Contract Management Agency.
Contracting activity for DoD also means elements designated by the
director of a defense agency which has been delegated contracting
authority through its agency charter. DoD contracting activities are--
Department of Defense
Counterintelligence Field Activity
Department of Defense Education Activity
TRICARE Management Activity
Washington Headquarters Services, Acquisition and Procurement Office
Army
Headquarters, U.S. Army Contracting Command
Joint Contracting Command--Iraq/Afghanistan
National Guard Bureau
Program Executive Office for Simulation, Training, and Instrumentation
U.S. Army Aviation and Missile Life Cycle Management Command
U.S. Army Communications-Electronics Life Cycle Management Command
U.S. Army Corps of Engineers
U.S. Army Expeditionary Contracting Command
U.S. Army Intelligence and Security Command
U.S. Army Joint Munitions and Lethality Life Cycle Management Command
U.S. Army Medical Command
U.S. Army Medical Research and Materiel Command
U.S. Army Mission and Installation Contracting Command
U.S. Army Research, Development, and Engineering Command
U.S. Army Space and Missile Defense Command
U.S. Army Sustainment Command
U.S. Army Tank-Automotive and Armaments Life Cycle Management Command
Navy
Office of the Deputy Assistant Secretary of the Navy (Acquisition &
Logistics Management)
Naval Air Systems Command
Space and Naval Warfare Systems Command
Naval Facilities Engineering Command
Naval Inventory Control Point
Naval Sea Systems Command
Naval Supply Systems Command
Office of Naval Research
Military Sealift Command
Strategic Systems Programs
Marine Corps Systems Command
Installations and Logistics, Headquarters, U.S. Marine Corps
Air Force
Office of the Assistant Secretary of the Air Force (Acquisition)
Office of the Deputy Assistant Secretary (Contracting)
Air Force Materiel Command
Air Force Reserve Command
Air Combat Command
Air Mobility Command
Air Education and Training Command
Pacific Air Forces
United States Air Forces in Europe
Air Force Space Command
Air Force District of Washington
Air Force Operational Test & Evaluation Center
Air Force Special Operations Command
United States Air Force Academy
Aeronautical Systems Center
Air Armament Center
Electronic Systems Center
Space and Missile Systems Center
Defense Advanced Research Projects Agency
Office of the Deputy Director, Management
Defense Business Transformation Agency
Contracting Office
[[Page 14]]
Defense Commissary Agency
Directorate of Contracting
Defense Contract Management Agency
Office of the Director, Defense Contract Management Agency
Defense Finance And Accounting Service
External Services, Defense Finance and Accounting Service
Defense Information Systems Agency
Defense Information Technology Contracting Organization
Defense Intelligence Agency
Office of Procurement
Defense Logistics Agency
Acquisition Management Directorate
Defense Supply Centers
Defense Energy Support Center
Defense Security Cooperation Agency
Contracting Division
Defense Security Service
Acquisition and Contracting Branch
Defense Threat Reduction Agency
Acquisition Management Office
Missile Defense Agency
Headquarters, Missile Defense Agency
National Geospatial-Intelligence Agency
Procurement and Contracting Office
National Security Agency
Headquarters, National Security Agency
United States Special Operations Command
Headquarters, United States Special Operations Command
United States Transportation Command
Directorate of Acquisition
Contracting officer's representative means an individual designated
and authorized in writing by the contracting officer to perform specific
technical or administrative functions.
Departments and agencies, as used in DFARS, means the military
departments and the defense agencies. The military departments are the
Departments of the Army, Navy, and Air Force (the Marine Corps is a part
of the Department of the Navy). The defense agencies are the Defense
Advanced Research Projects Agency, the Defense Business Transformation
Agency, the Defense Commissary Agency, the Defense Contract Management
Agency, the Defense Finance and Accounting Service, the Defense
Information Systems Agency, the Defense Intelligence Agency, the Defense
Logistics Agency, the Defense Security Cooperation Agency, the Defense
Security Service, the Defense Threat Reduction Agency, the Missile
Defense Agency, the National Geospatial-Intelligence Agency, and the
National Security Agency.
Department of Defense (DoD), as used in DFARS, means the Department
of Defense, the military departments, and the defense agencies.
Executive agency means for DoD, the Department of Defense, the
Department of the Army, the Department of the Navy, and the Department
of the Air Force.
General public and non-governmental entities, as used in the
definition of commercial item at FAR 2.101, do not include the Federal
Government or a State, local, or foreign government (Pub. L. 110-181,
Section 815(b)).
Head of the agency means, for DoD, the Secretary of Defense, the
Secretary of the Army, the Secretary of the Navy, and the Secretary of
the Air Force. Subject to the direction of the Secretary of Defense, the
Under Secretary of Defense (Acquisition, Technology, and Logistics), and
the Director of Defense Procurement and Acquisition Policy, the
directors of the defense agencies have been delegated authority to act
as head of the agency for their respective agencies (i.e., to perform
functions under the FAR or DFARS reserved to a head of agency or agency
head), except for such actions that by terms of statute, or any
delegation, must be exercised within the Office of the Secretary of
Defense. (For emergency acquisition flexibilities, see 218.270.)
Procedures, Guidance, and Information (PGI) means a companion
resource to the DFARS that--
(1) Contains mandatory internal DoD procedures. The DFARS will
direct compliance with mandatory procedures using imperative language
such as ``Follow the procedures at * * *'' or similar directive
language;
[[Page 15]]
(2) Contains non-mandatory internal DoD procedures and guidance and
supplemental information to be used at the discretion of the contracting
officer. The DFARS will point to non-mandatory procedures, guidance, and
information using permissive language such as ``The contracting officer
may use * * *'' or ``Additional information is available at * * *'' or
other similar language;
(3) Is numbered similarly to the DFARS, except that each PGI
numerical designation is preceded by the letters ``PGI''; and
(4) Is available electronically at http://www.acq.osd.mil/dpap/dars/
index.htm.
Senior procurement executive means, for DoD--
Department of Defense (including the defense agencies)--Under
Secretary of Defense (Acquisition, Technology, and Logistics);
Department of the Army--Assistant Secretary of the Army
(Acquisition, Logistics and Technology);
Department of the Navy--Assistant Secretary of the Navy (Research,
Development and Acquisition);
Department of the Air Force--Assistant Secretary of the Air Force
(Acquisition).
The directors of the defense agencies have been delegated authority
to act as senior procurement executive for their respective agencies,
except for such actions that by terms of statute, or any delegation,
must be exercised by the Under Secretary of Defense (Acquisition,
Technology, and Logistics).
Tiered evaluation of offers, also known as cascading evaluation of
offers, means a procedure used in negotiated acquisitions, when market
research is inconclusive for justifying limiting competition to small
business concerns, whereby the contracting officer--
(1) Solicits and receives offers from both small and other than
small business concerns;
(2) Establishes a tiered or cascading order of precedence for
evaluating offers that is specified in the solicitation; and
(3) If no award can be made at the first tier, evaluates offers at
the next lower tier, until award can be made.
[56 FR 36287, July 31, 1991]
Editorial Note: For Federal Register citations affecting section
202.101, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
PART 203_IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
Sec.
Sec. 203.070 Reporting of violations and suspected violations.
Subpart 203.1_Safeguards
Sec. 203.104 Procurement integrity.
Sec. 203.104-4 Disclosure, protection, and marking of contractor bid or
proposal information and source selection information.
Sec. 203.170 Business practices.
Sec. 203.171 Senior DoD officials seeking employment with defense
contractors.
Sec. 203.171-1 Scope.
Sec. 203.171-2 Definition.
Sec. 203.171-3 Policy.
Sec. 203.171-4 Contract clause.
Subpart 203.5_Other Improper Business Practices
Sec. 203.502-2 Subcontractor kickbacks.
Sec. 203.570 Prohibition on persons convicted of frauds or other
defense-contract-related felonies.
Sec. 203.570-1 Scope.
Sec. 203.570-2 Prohibition period.
Sec. 203.570-3 Contract clause.
Subpart 203.7_Voiding and Rescinding Contracts
Sec. 203.703 Authority.
Subpart 203.9_Whistleblower Protections for Contractor Employees
Sec. 203.900 Scope of subpart.
Sec. 203.903 Policy.
Sec. 203.904 Procedures for filing complaints.
Sec. 203.905 Procedures for investigating complaints.
Sec. 203.906 Remedies.
Sec. 203.970 Contract clause.
Subpart 203.10_Contractor Code of Business Ethics and Conduct
Sec. 203.1004 Contract clauses.
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
Source: 56 FR 36288, July 31, 1991, unless otherwise noted.
[[Page 16]]
Sec. Sec. 203.070 Reporting of violations and suspected violations.
Report violations and suspected violations of the following
requirements in accordance with 209.406-3 or 209.407-3 and DoDD 7050.5,
Coordination of Remedies for Fraud and Corruption Related to Procurement
Activities:
(a) Certificate of Independent Price Determination (FAR 3.103).
(b) Procurement integrity (FAR 3.104).
(c) Gratuities clause (FAR 3.203).
(d) Antitrust laws (FAR 3.303).
(e) Covenant Against Contingent Fees (FAR 3.405).
(f) Anti-kickback Act (FAR 3.502).
(g) Prohibitions on persons convicted of defense-related contract
felonies (203.570).
[69 FR 74990, Dec. 15, 2004]
Subpart 203.1_Safeguards
Sec. 203.104 Procurement integrity.
Sec. 203.104-4 Disclosure, protection, and marking of contractor bid or
proposal information and source selection information.
(d)(3) For purposes of FAR 3.104-4(d)(3) only, DoD follows the
notification procedures in FAR 27.404-5(a). However, FAR 27.404-5(a)(1)
does not apply to DoD.
[74 FR 2409, Jan. 15, 2009]
Sec. 203.170 Business practices.
To ensure the separation of functions for oversight, source
selection, contract negotiation, and contract award, departments and
agencies shall adhere to the following best practice policies:
(a) Senior leaders shall not perform multiple roles in source
selection for a major weapon system or major service acquisition.
Departments and agencies shall certify every 2 years that no senior
leader has performed multiple roles in the acquisition of a major weapon
system or major service. Completed certifications shall be forwarded to
the Director, Defense Procurement, in accordance with the procedures at
PGI 203.170.
(b) Vacant acquisition positions shall be filled on an ``acting''
basis from below until a permanent appointment is made. To provide
promising professionals an opportunity to gain experience by temporarily
filling higher positions, these oversight duties shall not be accrued at
the top.
(c) Acquisition process reviews of the military departments shall be
conducted to assess and improve acquisition and management processes,
roles, and structures. The scope of the reviews should include--
(1) Distribution of acquisition roles and responsibilities among
personnel;
(2) Processes for reporting concerns about unusual or inappropriate
actions; and
(3) Application of DoD Instruction 5000.2, Operation of the Defense
Acquisition System, and the disciplines in the Defense Acquisition
Guidebook.
(d) Source selection processes shall be--
(1) Reviewed and approved by cognizant organizations responsible for
oversight;
(2) Documented by the head of the contracting activity or at the
agency level; and
(3) Periodically reviewed by outside officials independent of that
office or agency.
(e) Legal review of documentation of major acquisition system source
selection shall be conducted prior to contract award, including the
supporting documentation of the source selection evaluation board,
source selection advisory council, and source selection authority.
(f) Procurement management reviews shall determine whether clearance
threshold authorities are clear and that independent review is provided
for acquisitions exceeding the simplified acquisition threshold.
[72 FR 20757, Apr. 26, 2007, as amended at 74 FR 2408, Jan. 15, 2009]
Sec. 203.171 Senior DoD officials seeking employment with defense
contractors.
Sec. 203.171-1 Scope.
This section implements Section 847 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181).
[74 FR 2409, Jan. 15, 2009]
[[Page 17]]
Sec. 203.171-2 Definition.
Covered DoD official as used in this section, is defined in the
clause at 252.203-7000, Requirements Relating to Compensation of Former
DoD Officials.
[74 FR 2409, Jan. 15, 2009]
Sec. 203.171-3 Policy.
(a) A DoD official covered by the requirements of Section 847 of
Public Law 110-181 (a ``covered DoD official'') who, within 2 years
after leaving DoD service, expects to receive compensation from a DoD
contractor, shall, prior to accepting such compensation, request a
written opinion from the appropriate DoD ethics counselor regarding the
applicability of post-employment restrictions to activities that the
official may undertake on behalf of a contractor.
(b) A DoD contractor may not knowingly provide compensation to a
covered DoD official within 2 years after the official leaves DoD
service unless the contractor first determines that the official has
received, or has requested at least 30 days prior to receiving
compensation from the contractor, the post-employment ethics opinion
described in paragraph (a) of this section.
(c) If a DoD contractor knowingly fails to comply with the
requirements of the clause at 252.203-7000, administrative and
contractual actions may be taken, including cancellation of a
procurement, rescission of a contract, or initiation of suspension or
debarment proceedings.
[74 FR 2409, Jan. 15, 2009]
Sec. 203.171-4 Contract clause.
Use the clause at 252.203-7000, Requirements Relating to
Compensation of Former DoD Officials, in all solicitations and
contracts.
[74 FR 2409, Jan. 15, 2009]
Subpart 203.5_Other Improper Business Practices
Sec. 203.502-2 Subcontractor kickbacks.
(h) The DoD Inspector General has designated Special Agents of the
following investigative organizations as representatives for conducting
inspections and audits under the Anti-Kickback Act of 1986:
(i) U.S. Army Criminal Investigation Command.
(ii) Naval Criminal Investigative Service.
(iii) Air Force Office of Special Investigations.
(iv) Defense Criminal Investigative Service.
[56 FR 36288, July 31, 1991, as amended at 60 FR 29497, June 5, 1995]
Sec. 203.570 Prohibition on persons convicted of frauds or other
defense-contract-related felonies.
Sec. 203.570-1 Scope.
This subpart implements 10 U.S.C. 2408. For information on 10 U.S.C.
2408, see PGI 203.570-1.
[71 FR 14100, Mar. 21, 2006]
Sec. 203.570-2 Prohibition period.
DoD has sole responsibility for determining the period of the
prohibition described in paragraph (b) of the clause at 252.203-7001,
Prohibition on Persons Convicted of Fraud or Other Defense-Contract-
Related Felonies. The prohibition period--
(a) Shall not be less than 5 years from the date of conviction
unless the agency head or a designee grants a waiver in the interest of
national security. Follow the waiver procedures at PGI 203.570-2(a); and
(b) May be more than 5 years from the date of conviction if the
agency head or a designee makes a written determination of the need for
the longer period. The agency shall provide a copy of the determination
to the address at PGI 203.570-2(b).
[69 FR 74990, Dec. 15, 2004]
Sec. 203.570-3 Contract clause.
Use the clause at 252.203-7001, Prohibition on Persons Convicted of
Fraud or Other Defense-Contract-Related Felonies, in all solicitations
and contracts exceeding the simplified acquisition threshold, except
solicitations and contracts for commercial items.
[64 FR 14398, Mar. 25, 1999. Redesignated at 69 FR 74990, Dec. 15, 2004]
[[Page 18]]
Subpart 203.7_Voiding and Rescinding Contracts
Sec. 203.703 Authority.
The authority to act for the agency head under this subpart is
limited to a level no lower than an official who is appointed by and
with the advice of the Senate, without power of redelegation. For the
defense agencies, for purposes of this subpart, the agency head designee
is the Under Secretary of Defense (Acquisition, Technology, and
Logistics).
[56 FR 36288, July 31, 1991, as amended at 60 FR 61592, Nov. 30, 1995;
65 FR 39704, June 27, 2000]
Subpart 203.9_Whistleblower Protections for Contractor Employees
Sec. 203.900 Scope of subpart.
This subpart implements 10 U.S.C. 2409 as amended by Section 846 of
the National Defense Authorization Act for Fiscal Year 2008 (Pub. L.
110-181) and Section 842 of the National Defense Authorization Act for
Fiscal Year 2009 (Pub. L. 110-417).
[74 FR 2410, Jan. 15, 2009]
Sec. 203.903 Policy.
The following policy applies to DoD instead of the policy at FAR
3.903:
(1) 10 U.S.C. 2409 prohibits contractors from discharging, demoting,
or otherwise discriminating against an employee as a reprisal for
disclosing, to any of the following entities, information that the
employee reasonably believes is evidence of gross mismanagement of a DoD
contract, a gross waste of DoD funds, a substantial and specific danger
to public health or safety, or a violation of law related to a DoD
contract (including the competition for or negotiation of a contract):
(i) A Member of Congress.
(ii) A representative of a committee of Congress.
(iii) An Inspector General that receives funding from or has
oversight over contracts awarded for or on behalf of DoD.
(iv) The Government Accountability Office.
(v) A DoD employee responsible for contract oversight or management.
(vi) An authorized official of an agency or the Department of
Justice.
(2) A contracting officer who receives a complaint of reprisal of
the type described in paragraph (1) of this section shall forward it to
legal counsel or to the appropriate party in accordance with agency
procedures.
[74 FR 2410, Jan. 15, 2009]
Sec. 203.904 Procedures for filing complaints.
In addition to the procedures at FAR 3.904, any contractor employee
who believes that he or she has been discharged, demoted, or otherwise
discriminated against contrary to the policy in 203.903 may file a
complaint with the DoD Inspector General.
[74 FR 2410, Jan. 15, 2009]
Sec. 203.905 Procedures for investigating complaints.
The following procedures apply to DoD instead of the procedures at
FAR 3.905:
(1) The DoD Inspector General will make a determination as to
whether a complaint is frivolous or merits further investigation.
(2) If the DoD Inspector General determines that a complaint merits
further investigation, the DoD Inspector General will--
(i) Notify the complainant, the contractor alleged to have committed
the violation, and the head of the agency;
(ii) Conduct an investigation; and
(iii) Provide a written report of findings to the complainant, the
contractor alleged to have committed the violation, and the head of the
agency.
(3) The DoD Inspector General--
(i) Will determine that the complaint is frivolous or will submit
the report addressed in paragraph (2) of this section within 180 days
after receiving the complaint; and
(ii) If unable to submit a report within 180 days, will submit the
report within the additional time period to which the person submitting
the complaint agrees.
[74 FR 2410, Jan. 15, 2009]
[[Page 19]]
Sec. 203.906 Remedies.
(1) Not later than 30 days after receiving a DoD Inspector General
report in accordance with 203.905, the head of the agency--
(i) Shall determine whether sufficient basis exists to conclude that
the contractor has subjected one of its employees to a reprisal as
prohibited by 203.903; and
(ii) Shall issue an order denying relief or shall take one or more
of the actions specified in FAR 3.906(a).
(2) If the head of the agency issues an order denying relief or has
not issued an order within 210 days after the submission of the
complaint or within 30 days after the expiration of an extension of time
granted in accordance with 203.905(3)(ii), and there is no showing that
such delay is due to the bad faith of the complainant--
(i) The complainant shall be deemed to have exhausted all
administrative remedies with respect to the complaint; and
(ii) The complainant may bring a de novo action at law or equity
against the contractor to seek compensatory damages and other relief
available under 10 U.S.C. 2409 in the appropriate district court of the
United States, which shall have jurisdiction over such an action without
regard to the amount in controversy. Such an action shall, at the
request of either party to the action, be tried by the court with a
jury.
(3) An Inspector General determination and an agency head order
denying relief under paragraph (2) of this section shall be admissible
in evidence in any de novo action at law or equity brought pursuant to
10 U.S.C. 2409(c).
[74 FR 2410, Jan. 15, 2009]
Sec. 203.970 Contract clause.
Use the clause at 252.203-7002, Requirement to Inform Employees of
Whistleblower Rights, in all solicitations and contracts.
[74 FR 2410, Jan. 15, 2009]
Subpart 203.10_Contractor Code of Business Ethics and Conduct
Sec. 203.1004 Contract clauses.
(b)(2)(ii) Insert the following address in paragraph (b)(3) of the
clause at FAR 52.203-14, Display of Hotline Poster(s): DoD Inspector
General, ATTN: Defense Hotline, 400 Army Navy Drive, Washington, DC
22202-2884.
[73 FR 46815, Aug. 12, 2008]
PART 204_ADMINISTRATIVE MATTERS
Subpart 204.1_Contract Execution
Sec.
Sec. 204.101 Contracting officer's signature.
Subpart 204.2_Contract Distribution
Sec. 204.201 Procedures.
Sec. 204.203 Taxpayer identification information.
Subpart 204.4_Safeguarding Classified Information Within Industry
Sec. 204.402 General.
Sec. 204.404 Contract clause.
Sec. 204.404-70 Additional contract clauses.
Sec. 204.470 U.S.-International Atomic Energy Agency Additional
Protocol.
Sec. 204.470-1 General.
Sec. 204.470-2 National security exclusion.
Sec. 204.470-3 Contract clause.
Subpart 204.6_Contract Reporting
Sec. 204.602 General.
Sec. 204.604 Responsibilities.
Sec. 204.606 Reporting data.
Subpart 204.8_Contract Files
Sec. 204.802 Contract files.
Sec. 204.804 Closeout of contract files.
Sec. 204.805 Disposal of contract files.
Subpart 204.9_Taxpayer Identification Number Information
Sec. 204.902 General.
Subpart 204.11_Central Contractor Registration
Sec. 204.1103 Procedures.
Sec. 204.1104 Solicitation provision and contract clauses.
[[Page 20]]
Subpart 204.12_Annual Representations and Certifications
Sec. 204.1202 Solicitation provision and contract clause.
Subpart 204.70_Uniform Procurement Instrument Identification Numbers
Sec. 204.7000 Scope.
Sec. 204.7001 Policy.
Sec. 204.7002 Procedures.
Sec. 204.7003 Basic PII number.
Sec. 204.7004 Supplementary PII numbers.
Sec. 204.7005 Assignment of order codes.
Subpart 204.71_Uniform Contract Line Item Numbering System
Sec. 204.7100 Scope.
Sec. 204.7101 Definitions.
Sec. 204.7102 Policy.
Sec. 204.7103 Contract line items.
Sec. 204.7103-1 Criteria for establishing.
Sec. 204.7103-2 Numbering procedures.
Sec. 204.7104 Contract subline items.
Sec. 204.7104-1 Criteria for establishing.
Sec. 204.7104-2 Numbering procedures.
Sec. 204.7105 Contract exhibits and attachments.
Sec. 204.7106 Contract modifications.
Sec. 204.7107 Contract accounting classification reference number
(ACRN).
Sec. 204.7108 Payment instructions.
Sec. 204.7109 Contract clause.
Subpart 204.72_Contractor Identification
Sec. 204.7200 Scope of subpart.
Sec. 204.7201 Definitions.
Sec. 204.7202 General.
Sec. 204.7202-1 CAGE codes.
Sec. 204.7202-2 DUNS numbers.
Sec. 204.7202-3 TINs.
Sec. 204.7203 Responsibilities of contracting officers.
Sec. 204.7204 Maintenance of the CAGE file.
Sec. 204.7205 Novation agreements, mergers and sales of assets.
Sec. 204.7206 Using CAGE codes to identify agents and brokers.
Sec. 204.7207 Solicitation provision.
Subpart 204.73_Export Controlled Items
Sec. 204.7300 Scope of subpart.
Sec. 204.7301 Definitions.
Sec. 204.7302 General.
Sec. 204.7303 Policy.
Sec. 204.7304 Procedures.
Sec. 204.7305 Contract clauses.
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
Source: 56 FR 36289, July 31, 1991, unless otherwise noted.
Subpart 204.1_Contract Execution
Sec. 204.101 Contracting officer's signature.
Follow the procedures at PGI 204.101 for signature of contract
documents.
[71 FR 9268, Feb. 23, 2006]
Subpart 204.2_Contract Distribution
Sec. 204.201 Procedures.
Follow the procedures at PGI 204.201 for the distribution of
contracts and modifications.
[70 FR 58982, Oct. 11, 2005]
Sec. 204.203 Taxpayer identification information.
(b) The procedure at FAR 4.203(b) does not apply to contracts that
include the clause at FAR 52.204-7, Central Contractor Registration. The
payment office obtains the taxpayer identification number and the type
of organization from the Central Contractor Registration database.
[68 FR 64558, Nov. 14, 2003]
Subpart 204.4_Safeguarding Classified Information Within Industry
Sec. 204.402 General.
DoD employees or members of the Armed Forces who are assigned to or
visiting a contractor facility and are engaged in oversight of an
acquisition program will retain control of their work products, both
classified and unclassified.
[71 FR 9268, Feb. 23, 2006]
Sec. 204.404 Contract clause.
Sec. 204.404-70 Additional contract clauses.
(a) Use the clause at 252.204-7000, Disclosure of Information, in
solicitations and contracts when the contractor will have access to or
generate unclassified information that may be sensitive and
inappropriate for release to the public.
(b) Use the clause at 252.204-7003, Control of Government Personnel
Work
[[Page 21]]
Product, in all solicitations and contracts.
(c) Use the clause at 252.204-7005, Oral Attestation of Security
Responsibilities, in solicitations and contracts that include the clause
at FAR 52.204-2, Security Requirements.
[57 FR 14992, Apr. 23, 1992, as amended at 64 FR 45197, Aug. 19, 1999]
Sec. 204.470 U.S.-International Atomic Energy Agency Additional
Protocol.
Sec. 204.470-1 General.
Under the U.S.-International Atomic Energy Agency Additional
Protocol (U.S.-IAEA AP), the United States is required to declare a wide
range of public and private nuclear-related activities to the IAEA and
potentially provide access to IAEA inspectors for verification purposes.
[74 FR 2412, Jan. 15, 2009]
Sec. 204.470-2 National security exclusion.
(a) The U.S.-IAEA AP permits the United States unilaterally to
declare exclusions from inspection requirements for activities, or
locations or information associated with such activities, with direct
national security significance.
(b) In order to ensure that all relevant activities are reviewed for
direct national security significance, both current and former
activities, and associated locations or information, are to be
considered for applicability for a national security exclusion.
(c) If a DoD program manager receives notification from a contractor
that the contractor is required to report any of its activities in
accordance with the U.S.-IAEA AP, the program manager will--
(1) Conduct a security assessment to determine if, and by what
means, access may be granted to the IAEA; or
(2) Provide written justification to the component or agency treaty
office for application of the national security exclusion at that
location to exclude access by the IAEA, in accordance with DoD
Instruction 2060.03, Application of the National Security Exclusion to
the Agreements Between the United States of America and the
International Atomic Energy Agency for the Application of Safeguards in
the United States of America.
[74 FR 2412, Jan. 15, 2009]
Sec. 204.470-3 Contract clause.
Use the clause at 252.204-7010, Requirement for Contractor to Notify
DoD if the Contractor's Activities are Subject to Reporting Under the
U.S.-International Atomic Energy Agency Additional Protocol, in
solicitations and contracts for research and development or major
defense acquisition programs involving--
(a) Any fissionable materials (e.g., uranium, plutonium, neptunium,
thorium, americium);
(b) Other radiological source materials; or
(c) Technologies directly related to nuclear power production,
including nuclear or radiological waste materials.
[74 FR 2412, Jan. 15, 2009]
Subpart 204.6_Contract Reporting
Sec. 204.602 General.
See PGI 204.602 for additional information on the Federal
Procurement Data System (FPDS) and procedures for resolving technical or
policy issues relating to FPDS.
[74 FR 37644, July 29, 2009]
Sec. 204.604 Responsibilities.
(1) The process for reporting contract actions to FPDS should, where
possible, be automated by incorporating it into contract writing
systems.
(2) Data in FPDS is stored indefinitely and is electronically
retrievable. Therefore, the contracting officer may reference the
contract action report (CAR) approval date in the associated Government
contract file instead of including a paper copy of the electronically
submitted CAR in the file. Such reference satisfies contract file
documentation requirements of FAR 4.803(a).
(3) By December 15th of each year, the chief acquisition officer of
each DoD component required to report its contract actions shall submit
to the
[[Page 22]]
Director, Defense Procurement and Acquisition Policy, its annual
certification and data validation results for the preceding fiscal year
in accordance with the DoD Data Improvement Plan requirements at http://
www.acq.osd.mil/dpap/pdi/eb. The Director, Defense Procurement and
Acquisition Policy, will submit a consolidated DoD annual certification
to the Office of Management and Budget by January 5th of each year.
[74 FR 37644, July 29, 2009]
Sec. 204.606 Reporting data.
In addition to FAR 4.606, follow the procedures at PGI 204.606 for
reporting data to FPDS.
[74 FR 37644, July 29, 2009]
Subpart 204.8_Contract Files
Sec. 204.802 Contract files.
Official contract files shall consist of--
(1) Only original, authenticated or conformed copies of contractual
instruments--
(i) Authenticated copies means copies that are shown to be genuine
in one of two ways--
(A) Certification as true copy by signature of an authorized person;
or
(B) Official seal.
(ii) Conformed copies means copies that are complete and accurate,
including the date signed and the names and titles of the parties who
signed them.
(2) Signed or official record copies of correspondence, memoranda,
and other documents.
Sec. 204.804 Closeout of contract files.
Contracting officers shall close out contracts in accordance with
the procedures at PGI 204.804. The closeout date for file purposes shall
be determined and documented by the procuring contracting officer.
[73 FR 4114, Jan. 24, 2008]
Sec. 204.805 Disposal of contract files.
(1) The sources of the period for which official contract files must
be retained are General Records Schedule 3 (Procurement, Supply, and
Grant Records) and General Records Schedule 6 (Accountable Officers'
Accounts Records). Copies of the General Records Schedule may be
obtained from the National Archives and Records Administration,
Washington, DC 20408.
(2) Deviations from the periods cannot be granted by the Defense
Acquisition Regulatory Council. Forward requests for deviations to both
the Government Accountability Office and the National Archives and
Records Administration.
(3) Hold completed contract files in the office responsible for
maintaining them for a period of 12 months after completion. After the
initial 12 month period, send the records to the local records holding
or staging area until they are eligible for destruction. If no space is
available locally, transfer the files to the General Services
Administration Federal Records Center that services the area.
(4) Duplicate or working contract files should contain no originals
of materials that properly belong in the official files. Destroy working
files as soon as practicable once they are no longer needed.
(5) Retain pricing review files, containing documents related to
reviews of the contractor's price proposals, subject to cost or pricing
data (see FAR 15.403-4), for six years. If it is impossible to determine
the final payment date in order to measure the six year period, retain
the files for nine years.
[56 FR 36289, July 31, 1991, as amended at 62 FR 40472, July 29, 1997;
63 FR 11528, Mar. 9, 1998; 71 FR 53044, Sept. 8, 2006]
Subpart 204.9_Taxpayer Identification Number Information
Source: 64 FR 43099, Aug. 9, 1999, unless otherwise noted.
Sec. 204.902 General.
(b) DoD uses the Federal Procurement Data System (FPDS) to meet
these reporting requirements.
[74 FR 37645, July 29, 2009]
[[Page 23]]
Subpart 204.11_Central Contractor Registration
Source: 68 FR 64558, Nov. 14, 2003, unless otherwise noted.
Sec. 204.1103 Procedures.
(1) On contract award documents, use the contractor's legal or
``doing business as'' name and physical address information as recorded
in the Central Contractor Registration (CCR) database at the time of
award.
(2) When making a determination to exercise an option, or at any
other time before issuing a modification other than a unilateral
modification making an administrative change, ensure that--
(i) The contractor's record is active in the CCR database; and
(ii) The contractor's Data Universal Numbering System (DUNS) number,
Commercial and Government Entity (CAGE) code, name, and physical address
are accurately reflected in the contract document.
(3) At any time, if the DUNS number, CAGE code, contractor name, or
physical address on a contract no longer matches the information on the
contractor's record in the CCR database, the contracting officer shall
process a novation or change-of-name agreement, or an address change, as
appropriate.
(4) See PGI 204.1103 for additional requirements relating to use of
information in the CCR database.
(5) On contractual documents transmitted to the payment office,
provide the CAGE code, instead of the DUNS number or DUNS+4 number, in
accordance with agency procedures.
[74 FR 37643, July 29, 2009]
Sec. 204.1104 Solicitation provision and contract clauses.
When using the clause at FAR 52.204-7, Central Contractor
Registration, use the clause with 252.204-7004, Alternate A.
Subpart 204.12_Annual Representations and Certifications
Source: 73 FR 1823, Jan. 10, 2008, unless otherwise noted.
Sec. 204.1202 Solicitation provision and contract clause.
When using the provision at FAR 52.204-8, Annual Representations and
Certifications--
(1) Use the provision with 252.204-7007, Alternate A, Annual
Representations and Certifications; and
(2) Do not include the following representations and certifications:
(i) 252.209-7005, Reserve Officer Training Corps and Military
Recruiting on Campus.
(ii) 252.212-7000, Offeror Representations and Certifications--
Commercial Items.
(iii) 252.216-7003, Economic Price Adjustment--Wage Rates or
Material Prices Controlled by a Foreign Government.
(iv) 252.225-7000, Buy American Act--Balance of Payments Program
Certificate.
(v) 252.225-7020, Trade Agreements Certificate.
(vi) 252.225-7031, Secondary Arab Boycott of Israel.
(vii) 252.225-7035, Buy American Act--Free Trade Agreements--Balance
of Payments Program Certificate.
(viii) 252.225-7042, Authorization to Perform.
(ix) 252.229-7003, Tax Exemptions (Italy).
(x) 252.229-7005, Tax Exemptions (Spain).
(xi) 252.239-7011, Special Construction and Equipment Charges.
(xii) 252.247-7022, Representation of Extent of Transportation by
Sea.
Subpart 204.70_Uniform Procurement Instrument Identification Numbers
Sec. 204.7000 Scope.
This subpart--
(a) Prescribes policies and procedures for assigning numbers to all
solicitations, contracts, and related instruments; and
(b) Does not apply to solicitations or orders for communication
service authorizations issued by the Defense Information Technology
Contracting Organization of the Defense Information
[[Page 24]]
Systems Agency in accordance with 239.7407-2.
[68 FR 64556, Nov. 14, 2003]
Sec. 204.7001 Policy.
(a) Use the uniform procurement instrument identification (PII)
numbering system prescribed by this subpart for the solicitation/
contract instruments described in 204.7003 and 204.7004.
(b) Retain the basic PII number unchanged for the life of the
instrument unless the conditions in paragraph (c) of this section exist.
(c)(1) If continued performance under a contract number is not
possible or is not in the Government's best interest solely for
administrative reasons (e.g., when the supplementary PII serial
numbering system is exhausted or for lengthy major systems contracts
with multiple options), the contracting officer may assign an additional
PII number by issuing a separate continued contract to permit continued
contract performance.
(2) A continued contract--
(i) Does not constitute a new procurement;
(ii) Incorporates all prices, terms, and conditions of the
predecessor contract effective at the time of issuance of the continued
contract;
(iii) Operates as a separate contract independent of the predecessor
contract once issued; and
(iv) Shall not evade competition, expand the scope of work, or
extend the period of performance beyond that of the predecessor
contract.
(3) When issuing a continued contract, the contracting officer
shall--
(i) Issue an administrative modification to the predecessor contract
to clearly state that--
(A) Any future awards provided for under the terms of the
predecessor contract (e.g., issuance of orders or exercise of options)
will be accomplished under the continued contract; and
(B) Supplies and services already acquired under the predecessor
contract shall remain solely under that contract for purposes of
Government inspection, acceptance, payment, and closeout; and
(ii) Follow the procedures at PGI 204.7001(c).
[71 FR 27640, May 12, 2006]
Sec. 204.7002 Procedures.
(a) In assigning PII numbers--
(1) Use only the alpha-numeric characters, as prescribed in this
subpart; and
(2) Do not use the letter ``I'' or ``O''.
(b) If department/agency procedures require other identification on
the solicitation, contract, or other related instrument forms, enter it
in such a location so as to separate it clearly from the PII number.
(c) Enter the basic PII number, including Federal supply contract
numbers and any supplementary numbers, in the spaces provided on the
solicitation, contract, or related instrument forms. Separate the major
elements by dashes, e.g., N00023-90-D-0009 (not necessary in electronic
transmission). If there is no space provided on the form, enter the
number in the upper right corner of the form and identify what it is
(e.g., Supplementary Number N00023-90-F-0120).
[56 FR 36289, July 31, 1991, as amended at 65 FR 14398, Mar. 16, 2000;
68 FR 64556, Nov. 14, 2003]
Sec. 204.7003 Basic PII number.
(a) Elements of a number. The number consists of 13 alpha-numeric
characters grouped to convey certain information.
(1) Positions 1 through 6. The first six positions identify the
department/agency and office issuing the instrument. Use the DoD
Activity Address Code (DoDAAC) assigned to the issuing office. DoDAACs
can be found at https://day2k1.daas.dla.mil/daasinq/.
(2) Positions 7 through 8. The seventh and eighth positions are the
last two digits of the fiscal year in which the procurement instrument
is issued or awarded.
(3) Position 9. Indicate the type of instrument by entering one of
the following upper case letters in position nine--
(i) Blanket purchase agreements--A
(ii) Invitations for bids--B
(iii) Contracts of all types except indefinite delivery contracts,
sales contracts, and contracts placed with or
[[Page 25]]
through other Government departments or agencies or against contracts
placed by such departments or agencies outside the DoD. Do not use this
code for contracts or agreements with provisions for orders or calls--C
(iv) Indefinite delivery contracts--D
(v) Reserved--E
(vi) Contracting actions placed with or through other Government
departments or agencies or against contracts placed by such departments
or agencies outside the DoD (including actions with the National
Industries for the Blind (NIB), the National Industries for the Severely
Handicapped (NISH), and the Federal Prison Industries (UNICOR))--F
(vii) Basic ordering agreements--G
(viii) Agreements, including basic agreements and loan agreements,
but excluding blanket purchase agreements, basic ordering agreements,
and leases. Do not use this code for contracts or agreements with
provisions for orders or calls--H
(ix) Do not use--I
(x) Reserved--J
(xi) Short form research contract--K
(xii) Lease agreement--L
(xiii) Purchase orders--manual (assign W when numbering capacity of
M is exhausted during the fiscal year)--M
(xiv) Notice of intent to purchase--N
(xv) Do not use--O
(xvi) Purchase order--automated (assign V when numbering capacity of
P is exhausted during a fiscal year)--P
(xvii) Request for quotation--manual--Q
(xviii) Request for proposal--R
(xix) Sales contract--S
(xx) Request for quotation--automated (assign U when numbering
capacity of T is exhausted during a fiscal year)--T
(xxi) See T--U
(xxii) See P--V
(xxiii) See M--W
(xxiv) Reserved for departmental use--X
(xxv) Imprest fund--Y
(xxvi) Reserved for departmental use--Z
(4) Position 10 through 13. Enter the serial number of the
instrument in these positions. A separate series of serial numbers may
be used for any type of instrument listed in paragraph (a)(3) of this
section. Activities shall assign such series of PII numbers
sequentially. An activity may reserve blocks of numbers or alpha-numeric
numbers for use by its various components.
(b) Illustration of PII number. The following illustrates a properly
configured PII number:
[[Page 26]]
[GRAPHIC] [TIFF OMITTED] TR29JY09.000
[56 FR 36289, July 31, 1991, as amended at 56 FR 67212, Dec. 30, 1991;
59 FR 27668, May 27, 1994; 60 FR 61592, Nov. 30, 1995; 61 FR 50451,
Sept. 26, 1996; 62 FR 34121, June 24, 1997; 64 FR 51075, Sept. 21, 1999;
65 FR 14398, Mar. 16, 2000; 65 FR 39704, June 27, 2000; 68 FR 7439, Feb.
14, 2003; 68 FR 64557, Nov. 14, 2003; 69 FR 63327, Nov. 1, 2004; 74 FR
37643, 37646, July 29, 2009]
Sec. 204.7004 Supplementary PII numbers.
(a) Uses of the supplementary number. Use supplementary numbers with
the basic PII number, to identify--
(1) Amendments to solicitations;
(2) Modifications to contracts and agreements, including provisioned
item orders; and
(3) Calls or orders under contracts, basic ordering agreements, or
blanket purchase agreements, issued by the contracting office or by a
DoD activity other than the contracting office, including DoD orders
against Federal supply schedules.
(b) Amendments to solicitations. Number amendments to solicitations
sequentially using a four position numeric serial number added to the
basic PII number and beginning with 0001, e.g., N00062-91-R-1234-0001.
(c) Modifications to contracts and agreements. (1) Number
modifications to contracts and agreements using a six position alpha-
numeric added to the basic PII number.
(2) Position 1. Identify the office issuing the modification--
(i) Contract administration office--A
(ii) Contracting office--P
(3) Positions 2 through 3. These are the first two digits in a
serial number. They may be either alpha or numeric. Use the letters K,
L, M, N, P, Q, S, T, U, V, W, X, Y, or Z only in the second position and
only in the following circumstances--
(i) Use K, L, M, N, P, and Q in the second position only if the
modification is issued by the Air Force and is a provisioned item order.
(ii) Use S, and only S, in the second position to identify
modifications issued to provide initial or amended shipping instructions
when--
(A) The contract has either FOB origin or destination delivery
terms; and
(B) The price changes.
(iii) Use T, U, V, W, X, or Y, and only those characters, in the
second position to identify modifications issued to provide initial or
amended shipping instructions when--
(A) The contract has FOB origin delivery terms; and
(B) The price does not change.
(iv) Only use Z in the second position to identify a modification
which definitizes a letter contract.
[[Page 27]]
(4) Positions 4 through 6. These positions are always numeric. Use a
separate series of serial numbers for each type of modification listed
in paragraph (c)(3) of this section. Examples of proper numbering for
positions 2-6 (the first position will be either ``A'' or ``P'') are as
follows:
------------------------------------------------------------------------
Provisioned items
order (reserved for Shipping
Normal modification exclusive use by instructions
the Air Force only)
------------------------------------------------------------------------
00001-99999.................... K0001-K9999 S0001-S9999
then......................... KA001-KZ999 SA001-SZ999
A0001-A9999.................... L0001-L9999 T0001-T9999
B0001-B9999.................... LA001-LZ999 TA001-TZ999
and so on to................. M0001-M9999 U0001-U9999
H0001-H9999.................... MA001-MZ999 UA001-UZ999
then......................... N0001-N9999 V0001-V9999
J0001-J9999.................... NA001-NZ999 VA001-VZ999
then......................... P0001-P9999 W0001-W9999
R0001-R9999.................... PA001-PZ999 WA001-WZ999
then......................... Q0001-Q9999 X0001-X9999
AA001-HZ999.................... QA001-QZ999 XA001-XZ999
then......................... ................... Y0001-Y9999
JA001-JZ999.................... ................... YA001-YZ999
RA001-RZ999....................
------------------------------------------------------------------------
(5) If the contract administration office is changing the contract
administration or disbursement office for the first time and is using
computer generated modifications to notify many offices, it uses the six
position supplementary number ARZ999. If either office has to be changed
again during the life of the contract, the supplementary number will be
ARZ998, and on down as needed.
(6) Each office authorized to issue modifications shall assign the
supplementary identification numbers in sequence. Do not assign the
numbers until it has been determined that a modification is to be
issued.
(d) Delivery orders under indefinite delivery contracts, orders
under basic ordering agreements, and calls under blanket purchase
agreements. (1) Calls or orders issued by the office issuing the
contract or agreement. Use a four position alpha-numeric call or order
serial number added to the basic PII number. These shall be identified
by using serial numbers beginning 0001 through 9999. When the numeric
identifiers run out, use alpha characters in the third and fourth
positions. Never use alpha characters in the first and second positions.
(2) Orders placed against another activity's contract or agreement.
(i) If the office placing the order or call is different from the
office identified in the basic PII number, assign a serial number to the
order or call. The first and second positions contain the call/order
code assigned to the ordering office in accordance with 204.7005. Do not
use the letters A or P in the first position. The third and fourth
positions are a two position serial number assigned by the ordering
office. The series will begin with 01. When the numbers exceed 99, the
office will assign a uniform series of identifiers containing alpha and/
or numeric characters, e.g., Basic : N00383-91-D-0001 serial
: TU01.
(ii) If an office is placing calls or orders with NIB, NISH, or
UNICOR, the office shall identify the instrument with a 13 position
supplementary PII number using an F in the 9th position. Modifications
to these calls or orders shall be numbered in accordance with paragraph
(c) of this section, e.g., Order : DLA100-91-F-0001
modification : A00001.
(e) Modifications to calls or orders. Use a two position alpha-
numeric suffix, known as a call or order modification indicator, to
identify a modification to a call or order.
(1) Modifications to a call or order issued by a purchasing office
begin with 01, 02, and so on through 99, then B1 through B9, BA through
BZ, C1 through C9, and so on through ZZ.
(2) Modifications to a call or order issued by a contract
administration office begin with 1A, 1B, and so on through 9Z, followed
by A1, A2, and so on to A9, then AA, AB, and so on through AZ.
[64 FR 43099, Aug. 9, 1999, as amended at 68 FR 64557, Nov. 14, 2003]
Sec. 204.7005 Assignment of order codes.
(a) The Defense Logistics Agency, Acquisition Policy Branch (J71),
Fort Belvoir, VA 22060-6221, is the executive agent for maintenance of
code assignments for use in the first two positions of an order number
when an activity places an order against another activity's contract or
agreement (see 204.7004(d)(2)). The executive agent distributes blocks
of two-character order codes to department/agency monitors for further
assignment.
[[Page 28]]
(b) Contracting activities submit requests for assignment of or
changes in two-character order codes to their respective monitors in
accordance with department/agency procedures. Order code monitors--
(1) Approve requests for additions, deletions, or changes; and
(2) Provide notification of additions, deletions, or changes to--
(i) The executive agent; and
(ii) The executive editor, Defense Acquisition Regulations,
OUSD(AT&L)DPAP(DAR), 3062 Defense Pentagon, Washington, DC 20301-3062.
(c) Order code monitors are--
Army: Army Contracting Agency, Attn: SFCA-IT, 5109 Leesburg Pike, Suite
302, Falls Church, VA 22041-3201
Navy and Marine Corps: Office of the Assistant Secretary of the Navy
(RD&A), 1000 Navy Pentagon, Room BF992, Washington, DC 20350-1000
Air Force: SAF/AQCI, 1060 Air Force Pentagon, Washington, DC 20330-1060
Defense Logistics Agency: Defense Logistics Agency, Acquisition Policy
Branch (J-3311), John J. Kingman Road, Fort Belvoir, VA 22060-6221
Other Defense Agencies: Army Contracting Agency, Attn: SFCA-IT 5109
Leesburg Pike, Suite 302, Falls Church, VA 22041-3201
(d) Order code assignments can be found at http://www.acq.osd.mil/
dpap/dars/order--code--assignments.html
[68 FR 64557, Nov. 14, 2003, as amended at 69 FR 63327, Nov. 1, 2004; 72
FR 42313, Aug. 2, 2007; 73 FR 4113, Jan. 24, 2008; 73 FR 27464, May 13,
2008]
Subpart 204.71_Uniform Contract Line Item Numbering System
Sec. 204.7100 Scope.
This subpart prescribes policies and procedures for assigning
contract line item numbers.
Sec. 204.7101 Definitions.
Accounting classification reference number (ACRN) means any
combination of a two position alpha/numeric code used as a method of
relating the accounting classification citation to detailed line item
information contained in the schedule.
Attachment means any documentation, appended to a contract or
incorporated by reference, which does not establish a requirement for
deliverables.
Definitized item, as used in this subpart, means an item for which a
firm price has been established in the basic contract or by
modification.
Exhibit means a document, referred to in a contract, which is
attached and establishes requirements for deliverables. The term shall
not be used to refer to any other kind of attachment to a contract. The
DD Form 1423, Contract Data Requirements List, is always an exhibit,
rather than an attachment.
Nonseverable deliverable, as used in this subpart, means a
deliverable item that is a single end product or undertaking, entire in
nature, that cannot be feasibly subdivided into discrete elements or
phases without losing its identity.
Undefinitized item, as used in this subpart, means an item for which
a price has not been established in the basic contract or by
modification.
[56 FR 36289, July 31, 1991, as amended at 60 FR 34468, July 3, 1995; 70
FR 58982, Oct. 11, 2005]
Sec. 204.7102 Policy.
(a) The numbering procedures of this subpart shall apply to all--
(1) Solicitations;
(2) Solicitation line and subline item numbers;
(3) Contracts as defined in FAR Subpart 2.1;
(4) Contract line and subline item numbers;
(5) Exhibits;
(6) Exhibit line and subline items; and
(7) Any other document expected to become part of the contract.
(b) The numbering procedures are mandatory for all contracts where
separate contract line item numbers are assigned, unless--
(1) The contract is an indefinite-delivery type for petroleum
products against which posts, camps, and stations issue delivery orders
for products to be consumed by them; or
(2) The contract is a communications service authorization issued by
the Defense Information Systems Agency's
[[Page 29]]
Defense Information Technology Contracting Organization.
[71 FR 9269, Feb. 23, 2006]
Sec. 204.7103 Contract line items.
Sec. 204.7103-1 Criteria for establishing.
Contracts shall identify the items or services to be acquired as
separate contract line items unless it is not feasible to do so.
(a) Contract line items shall have all four of the following
characteristics; however, there are exceptions within the
characteristics, which may make establishing a separate contract line
item appropriate even though one of the characteristics appears to be
missing--
(1) Single unit price. The item shall have a single unit price or a
single total price, except--
(i) If the item is not separately priced (NSP) but the price is
included in the unit price of another contract line item, enter NSP
instead of the unit price;
(ii) When there are associated subline items, established for other
than informational reasons, and those subline items are priced in
accordance with 204.7104;
(iii) When the items or services are being acquired on a cost-
reimbursement contract;
(iv) When the contract is for maintenance and repair services (e.g.,
a labor hour contract) and firm prices have been established for
elements of the total price of an item but the actual number and
quantity of the elements are not known until performance. The
contracting officer may structure these contracts to reflect a firm or
estimated total amount for each line item;
(v) When the contract line item is established to refer to an
exhibit or an attachment (if management needs dictate that a unit price
be entered, the price shall be set forth in the item description block
and enclosed in parentheses); or
(vi) When the contract is an indefinite delivery type contract and
provides that the price of an item shall be determined at the time a
delivery order is placed and the price is influenced by such factors as
the quantity ordered (e.g., 10-99 @ $1.00, 100-249 @ $.98, 250+ @ $.95),
the destination, the FOB point, or the type of packaging required.
(2) Separately identifiable. A contract line item must be identified
separately from any other items or services on the contract.
(i) Supplies are separately identifiable if they have no more than
one--
(A) National stock number (NSN);
(B) Item description; or
(C) Manufacturer's part number.
(ii) Services are separately identifiable if they have no more than
one--
(A) Scope of work; or
(B) Description of services.
(iii) This requirement does not apply if there are associated
subline items, established for other than informational reasons, and
those subline items include the actual detailed identification in
accordance with 204.7104. Where this exception applies, use a general
narrative description instead of the contract item description.
(3) Separate delivery schedule. Each contract line item or service
shall have its own delivery schedule, period of performance, or
completion date expressly stated (``as required'' constitutes an
expressly stated delivery term).
(i) The fact that there is more than one delivery date, destination,
performance date, or performance point may be a determining factor in
the decision as to whether to establish more than one contract line
item.
(ii) If a contract line item has more than one destination or
delivery date, the contracting officer may create individual contract
line items for the different destinations or delivery dates, or may
specify the different delivery dates for the units by destination in the
delivery schedule.
(4) Single accounting classification citation. (i) Each contract
line item shall reference a single accounting classification citation
except as provided in paragraph (a)(4)(ii) of this subsection.
(ii) The use of multiple accounting classification citations for a
contract line item is authorized in the following situations:
(A) A single, nonseverable deliverable to be paid for with R&D or
other funds properly incrementally obligated over
[[Page 30]]
several fiscal years in accordance with DoD policy;
(B) A single, nonseverable deliverable to be paid for with different
authorizations or appropriations, such as in the acquisition of a
satellite or the modification of production tooling used to produce
items being acquired by several activities; or
(C) A modification to an existing contract line item for a
nonseverable deliverable that results in the delivery of a modified
item(s) where the item(s) and modification are to be paid for with
different accounting classification citations.
(iii) When the use of multiple accounting classification citations
is authorized for a single contract line item, establish informational
subline items for each accounting classification citation in accordance
with 204.7104-1(a).
(b) All subline items and exhibit line items under one contract line
item shall be the same contract type as the contract line item.
(c) For a contract that contains a combination of fixed-price line
items, time-and-materials/labor-hour line items, and/or cost-
reimbursement line items, identify the contract type for each contract
line item in Section B, Supplies or Services and Prices/Costs, to
facilitate appropriate payment.
(d) Exhibits may be used as an alternative to putting a long list of
contract line items in the schedule. If exhibits are used, create a
contract line item citing the exhibit's identifier. See 204.7105(a).
(e) If the contract involves a test model or a first article which
must be approved, establish a separate contract line item or subline
item for each item of supply or service which must be approved. If the
test model or first article consists of a lot composed of a mixture of
items, a single line item or subline item may be used for the lot.
(f) If a supply or service involves ancillary functions, like
packaging and handling, transportation, payment of state or local taxes,
or use of reusable containers, and these functions are normally
performed by the contractor and the contractor is normally entitled to
reimbursement for performing these functions, do not establish a
separate contract line item solely to account for these functions.
However, do identify the functions in the contract schedule. If the
offeror separately prices these functions, contracting officers may
establish separate contract line items for the functions; however, the
separate line items must conform to the requirements of paragraph (a) of
this subsection.
[56 FR 36289, July 31, 1991, as amended at 60 FR 34468, July 3, 1995; 60
FR 43191, Aug. 18, 1995; 70 FR 58982, Oct. 11, 2005]
Sec. 204.7103-2 Numbering procedures.
Follow the procedures at PGI 204.7103-2 for numbering contract line
items.
[70 FR 58983, Oct. 11, 2005]
Sec. 204.7104 Contract subline items.
Sec. 204.7104-1 Criteria for establishing.
Contract subline items provide flexibility to further identify
elements within a contract line item for tracking performance or
simplifying administration. There are only two kinds of subline items:
those which are informational in nature and those which consist of more
than one item that requires separate identification.
(a) Informational subline items. (1) This type of subline item
identifies information that relates directly to the contract line item
and is an integral part of it (e.g., parts of an assembly or parts of a
kit). These subline items shall not be scheduled separately for
delivery, identified separately for shipment or performance, or priced
separately for payment purposes.
(2) The informational subline item may include quantities, prices,
or amounts, if necessary to satisfy management requirements. However,
these elements shall be included within the item description in the
supplies/services column and enclosed in parentheses to prevent
confusing them with quantities, prices, or amounts that have contractual
significance. Do not enter these elements in the quantity and price
columns.
(3) Informational subline items shall be used to identify each
accounting classification citation assigned to a single contract line
item number when use of multiple citations is authorized (see 204.7103-
1(a)(4)(ii)).
[[Page 31]]
(b) Separately identified subline items. (1) Subline items will be
used instead of contract line items to facilitate payment, delivery
tracking, contract funds accounting, or other management purposes. Such
subline items shall be used when items bought under one contract line
item number--
(i) Are to be paid for from more than one accounting classification.
A subline item shall be established for the quantity associated with the
single accounting classification citation. Establish a line item rather
than a subline item if it is likely that a subline item may be assigned
additional accounting classification citations at a later date. Identify
the funding as described in 204.7104-1(a)(3);
(ii) Are to be packaged in different sizes, each represented by its
own NSN;
(iii) Have collateral costs, such as packaging costs, but those
costs are not a part of the unit price of the contract line item;
(iv) Have different delivery dates or destinations or requisitions,
or a combination of the three; or
(v) Identify parts of an assembly or kit which--
(A) Have to be separately identified at the time of shipment or
performance; and
(B) Are separately priced.
(2) Each separately identified contract subline item shall have its
own--
(i) Delivery schedule, period of performance, or completion date;
(ii) Unit price or single total price or amount (not separately
priced (NSP) is acceptable as an entry for price or amount if the price
is included in another subline item or a different contract line item).
This requirement does not apply--
(A) If the subline item was created to refer to an exhibit or an
attachment. If management needs dictate that a unit price be entered,
the price shall be set forth in the item description block of the
schedule and enclosed in parentheses; or
(B) In the case of indefinite delivery contracts described at
204.7103-1(a)(1)(vi).
(iii) Identification (e.g., NSN, item description, manufacturer's
part number, scope of work, description of services).
(3) Unit prices and extended amounts.
(i) The unit price and total amount for all subline items may be
entered at the contract line item number level if the unit price for the
subline items is identical. If there is any variation, the subline item
unit prices shall be entered at the subline item level only.
(ii) The unit price and extended amounts may be entered at the
subline items level.
(iii) The two methods in paragraphs (b)(3) (i) and (ii) of this
subsection shall not be combined in a contract line item.
(iv) When the price for items not separately priced is included in
the price of another subline item or contract line item, it may be
necessary to withhold payment on the priced subline item until all the
related subline items that are not separately priced have been
delivered. In those cases, use the clause at 252.204-7002, Payment for
Subline Items Not Separately Priced.
[56 FR 36289, July 31, 1991, as amended at 60 FR 34468, July 3, 1995; 68
FR 75200, Dec. 30, 2003]
Sec. 204.7104-2 Numbering procedures.
Follow the procedures at PGI 204.7104-2 for numbering contract
subline items.
[70 FR 58983, Oct. 11, 2005]
Sec. 204.7105 Contract exhibits and attachments.
Follow the procedures at PGI 204.7105 for use and numbering of
contract exhibits and attachments.
[71 FR 9269, Feb. 23, 2006]
Sec. 204.7106 Contract modifications.
(a) If new items are added, assign new contract line or subline item
numbers or exhibit line item numbers, in accordance with the procedures
established at 204.7103, 204.7104, and 204.7105.
(b) Modifications to existing contract line items or exhibit line
items. (1) If the modification relates to existing contract line items
or exhibit line items, the modification shall refer to those item
numbers.
(2) If the contracting officer decides to assign new identifications
to existing contract or exhibit line items, the following rules apply--
[[Page 32]]
(i) Definitized and undefinitized items. (A) The original line item
or subline item number may be used if the modification applies to the
total quantity of the original line item or subline.
(B) The original line item or subline item number may be used if the
modification makes only minor changes in the specifications of some of
the items ordered on the original line item or subline item and the
resulting changes in unit price can be averaged to provide a new single
unit price for the total quantity. If the changes in the specifications
make the item significantly distinguishable from the original item or
the resulting changes in unit price cannot be averaged, create a new
line item.
(C) If the modification affects only a partial quantity of an
existing contract or exhibit line item or subline item and the change
does not involve either the delivery date or the ship-to/mark-for data,
the original contract or exhibit line item or subline item number shall
remain with the unchanged quantity. Assign the changed quantity the next
available number.
(ii) Undefinitized items. In addition to the rules in paragraph
(b)(2)(i), the following additional rules apply to undefinitized items--
(A) If the modification is undefinitized and increases the quantity
of an existing definitized item, assign the undefinitized quantity the
next available number.
(B) If the modification increases the quantity of an existing
undefinitized item, the original contract or exhibit line item or
subline item may be used if the unit price for the new quantity is
expected to be the same as the price for the original quantity. If the
unit prices of the two quantities will be different, assign the new
quantity the next available number.
(C) If the modification both affects only a partial quantity of the
existing contract or exhibit line or subline item and definitizes the
price for the affected portion, the definitized portion shall retain the
original item number. If there is any undefinitized portion of the item,
assign it the next available number. However, if the modification
definitizes the price for the whole quantity of the line item, and price
impact of the changed work can be apportioned equally over the whole to
arrive at a new unit price, the quantity with the changes can be added
into the quantity of the existing item.
(D) If the modification affects only a partial quantity of an
existing contract or exhibit line or subline item but does not change
the delivery schedule or definitize price, the unchanged portion shall
retain the original contract or exhibit line or subline item number.
Assign the changed portion the next available number.
(3) If the modification will decrease the amount obligated--
(i) There shall be coordination between the administrative and
procuring contracting offices before issuance of the modification; and
(ii) The contracting officer shall not issue the modification unless
sufficient unliquidated obligation exists or the purpose is to recover
monies owed to the Government.
[56 FR 36289, July 31, 1991, as amended at 70 FR 58983, Oct. 11, 2005]
Sec. 204.7107 Contract accounting classification reference number
(ACRN).
Follow the procedures at PGI 204.7107 for assigning ACRNs.
[70 FR 58983, Oct. 11, 2005]
Sec. 204.7108 Payment instructions.
Follow the procedures at PGI 204.7108 for inclusion of payment
instructions in contracts.
[70 FR 58983, Oct. 11, 2005]
Sec. 204.7109 Contract clause.
Use the clause at 252.204-7006, Billing Instructions, in
solicitations and contracts if Section G includes--
(a) Any of the standard payment instructions at PGI 204.7108(d)(1)
through (6); or
(b) Other payment instructions, in accordance with PGI
204.7108(d)(12), that require contractor identification of the contract
line item(s) on the payment request.
[70 FR 58983, Oct. 11, 2005]
[[Page 33]]
Subpart 204.72_Contractor Identification
Sec. 204.7200 Scope of subpart.
This subpart prescribes uniform policies and procedures for
identification of commercial and Government entities when it is
necessary to--
(a) Exchange data with another contracting activity, including
contract administration activities and contract payment activities, or
comply with the reporting requirements of subpart 204.6; or
(b) Identify contractors for the purpose of developing computerized
acquisition systems or solicitation mailing lists.
[64 FR 43099, Aug. 9, 1999]
Sec. 204.7201 Definitions.
(a) Commercial and Government Entity (CAGE) code means--
(1) A code assigned by the Defense Logistics Information Service
(DLIS) to identify a commercial or Government entity; or
(2) A code assigned by a member of the North Atlantic Treaty
Organization (NATO) that DLIS records and maintains in the CAGE master
file. This type of code is known as an ``NCAGE code.''
(b) Contractor identification code means a code that the contracting
office uses to identify an offeror. The three types of contractor
identification codes are CAGE codes, Data Universal Numbering System
(DUNS) numbers, and Taxpayer Identification Numbers (TINs).
[64 FR 43099, Aug. 9, 1999]
Sec. 204.7202 General.
Sec. 204.7202-1 CAGE codes.
(a) DLIS assigns or records and maintains CAGE codes to identify
commercial and Government entities. DoD 4000.25-5-M, Military Standard
Contract Administration Procedures (MILSCAP), and Volume 7 of DoD
4100.39-M, Federal Logistics Information System (FLIS) Procedures
Manual, prescribe use of CAGE codes.
(b)(1) If a prospective contractor located in the United States must
register in the Central Contractor Registration (CCR) database (see FAR
Subpart 4.11) and does not have a CAGE code, DLIS will assign a CAGE
code when the prospective contractor submits its request for
registration in the CCR database. Foreign registrants must obtain a
North Atlantic Treaty Organization CAGE (NCAGE) code in order to
register in the CCR database. NCAGE codes may be obtained from the
Codification Bureau in the foreign registrant's country. Additional
information on obtaining NCAGE codes is available at http://
www.dlis.dla.mil/Forms/Form--AC135.asp.
(2) If registration in the CCR database is not required, the
prospective contractor's CAGE code is not already available in the
contracting office, and the prospective contractor does not respond to
the provision at 252.204-7001, Commercial and Government Entity (CAGE)
Code Reporting, use the following procedures:
(i) To identify the prospective contractor's CAGE code, use--
(A) The monthly H-series CD ROM that contains the H-4/H-8 CAGE
master file issued by DLIS (Their address is: Customer Service, Federal
Center, 74 Washington Avenue, North, Battle Creek, MI 49017-3084. Their
telephone number is: toll-free 1-888-352-9333);
(B) The on-line access to the CAGE file through the Defense
Logistics Information System;
(C) The on-line access to the Defense Logistics Agency (DLA) CAGE
file through the DLA Network or dial-up capability; or
(D) The Internet to access the CAGE Lookup Server at http://
www.dlis.dla.mil/cage--welcome.asp.
(ii) If no CAGE code is identified through use of the procedures in
paragraph (b)(2)(i) of this subsection, ask DLIS to assign a CAGE code.
Submit a DD Form 2051, Request for Assignment of a Commercial and
Government Entity (CAGE) Code, (or electronic equivalent) to the address
in paragraph (b)(2)(i)(A) of this subsection, ATTN: DLIS-SBB. The
contracting office completes Section A of the DD Form 2051, and the
contractor completes Section B. The contracting office must verify
Section B before submitting the form.
(c) Direct questions on obtaining computer tapes, electronic
updates, or
[[Page 34]]
code assignments to DLIS Customer Service: toll-free (888) 227-2423 or
(888) 352-9333; DSN 932-4725; or commercial (616) 961-4725.
[64 FR 43100, Aug. 9, 1999, as amended at 65 FR 63804, Oct. 25, 2000; 67
FR 49252, July 30, 2002; 68 FR 15380, Mar. 31, 2003; 68 FR 64558, Nov.
14, 2003]
Sec. 204.7202-2 DUNS numbers.
Requirements for use of DUNS numbers are in FAR 4.605(b) and
4.607(a).
[74 FR 34265, July 15, 2009]
Sec. 204.7202-3 TINs.
Requirements for use of TINs are in FAR subpart 4.9.
[64 FR 43100, Aug. 9, 1999]
Sec. 204.7203 Responsibilities of contracting officers.
(a) Assist offerors in obtaining the required CAGE codes.
(b) Do not deny a potential offeror a solicitation package because
the offeror does not have a contractor identification code.
[64 FR 43100, Aug. 9, 1999, as amended at 74 FR 37645, July 29, 2009]
Sec. 204.7204 Maintenance of the CAGE file.
(a) DLIS will accept written requests for changes to CAGE files,
other than name changes, from the following entities:
(1) The entity identified by the code. The entity must use company
letterhead to forward the request.
(2) The contracting office.
(3) The contract administration office.
(b) Submit requests for changes to CAGE files on DD Form 2051, or
electronic equivalent, to--Defense Logistics Information Service, DLIS-
SBB, Federal Center, 74 Washington Avenue, North, Battle Creek, MI
49017-3084. Telephone Numbers: toll-free (888) 352-9333, DSN 932-4725,
commercial (616) 961-4725. Facsimile: (616) 961-4388, 4485.
(c) The contracting officer responsible for execution of a change-
of-name agreement (see FAR subpart 42.12) must submit the agreement to
DLIS-SBB. If there are no current contracts, each contracting and
contract administration office receiving notification of changes from
the commercial entity must forward a copy of the change notice annotated
with the CAGE code to DLIS-SBB unless the change notice indicates that
DLIS-SBB already has been notified.
(d) Additional guidance for maintaining CAGE codes is in Volume 7 of
DoD 4100.39-M, Federal Logistics Information System (FLIS) Procedures
Manual.
[64 FR 43100, Aug. 9, 1999; 64 FR 46474, Aug. 25, 1999, as amended at 65
FR 63804, Oct. 25, 2000]
Sec. 204.7205 Novation agreements, mergers and sales of assets.
Contracting officers shall process and execute novation agreements
in accordance with FAR Subpart 42.12, Novation and Change-of-Name
Agreements. These actions are independent of code and name assignments
made as a result of the occasion which created the need for the novation
agreement. The maintenance activity will determine which entity(s) will
retain the existing code(s) and which entities will be assigned new
codes. The contracting officer responsible for processing the novation
agreement shall provide the maintenance activity with the following
information:
(a) Name(s), address(es), and code(s) of the contractor(s)
transferring the original contractual rights and obligations
(transferor).
(b) Name(s), address(es), and code(s) (if any) of the entity who is
the successor in interest (transferee).
(c) Name(s), address(es), and code(s) (if any) of the entity who is
retaining or receiving the rights to the technical data.
(d) Description of the circumstances surrounding the novation
agreement and especially the relationship of each entity to the other.
[56 FR 36289, July 31, 1991, as amended at 66 FR 49861, Oct. 1, 2001]
Sec. 204.7206 Using CAGE codes to identify agents and brokers.
Authorized agents and brokers are entities and, as such, may be
assigned CAGE codes for identification and processing purposes.
(a) A single CAGE code will be assigned to the agent/broker
establishment in addition to any codes assigned
[[Page 35]]
to the entities represented by the agent/broker, i.e., only one code
will be assigned to a specific agent/broker entity regardless of the
number of firms represented by that agent/broker.
(b) Additional codes may be assigned to an agent/broker if they meet
the criteria for assigning additional codes for entities, e.g.,
different location.
(c) Codes will not be assigned to an agent/broker in care of the
entity being represented or in any way infer that the agent/broker is a
separate establishment bearing the name of the entity represented by the
agent/broker.
[56 FR 36289, July 31, 1991, as amended at 61 FR 51032, Sept. 30, 1996;
62 FR 48182, Sept. 15, 1997]
Sec. 204.7207 Solicitation provision.
Use the provision at 252.204-7001, Commercial and Government Entity
(CAGE) Code Reporting, in solicitations when--
(a) The solicitation does not include the clause at FAR 52.204-7,
Central Contractor Registration; and
(b) The CAGE codes for the potential offerors are not available to
the contracting office.
[66 FR 47097, Sept. 11, 2001, as amended at 68 FR 64558, Nov. 14, 2003]
Subpart 204.73_Export Controlled Items
Source: 73 FR 42278, July 21, 2008, unless otherwise noted.
Sec. 204.7300 Scope of subpart.
This subpart implements Section 890(a) of the National Defense
Authorization Act for Fiscal Year 2008 (Pub. L. 110-181).
Sec. 204.7301 Definitions.
As used in this subpart--
Applied research means the effort that--
(1) Normally follows basic research, but may not be severable from
the related basic research;
(2) Attempts to determine and exploit the potential of scientific
discoveries or improvements in technology, materials, processes,
methods, devices, or techniques; and
(3) Attempts to advance the state of the art.
Export-controlled items is defined in the clauses at 252.204-7008
and 252.204-7009.
Fundamental research, as defined by National Security Decision
Directive (NSDD) 189, means basic and applied research in science and
engineering, the results of which ordinarily are published and shared
broadly within the scientific community. This is distinguished from
proprietary research and from industrial development, design,
production, and product utilization, the results of which ordinarily are
restricted for proprietary or national security reasons.
Sec. 204.7302 General.
Export control laws and regulations restrict the transfer, by any
means, of certain types of items to unauthorized persons. The
International Traffic in Arms Regulations (ITAR) and the Export
Administration Regulations (EAR) establish these restrictions. See PGI
204.7302 for additional information.
Sec. 204.7303 Policy.
(a) It is in the interest of both the Government and the contractor
to have a common understanding of export-controlled items expected to be
involved in contract performance.
(b) The requiring activity shall review each acquisition to
determine if, during performance of the contemplated contract, the
contractor is expected to generate or require access to export-
controlled items.
Sec. 204.7304 Procedures.
(a) Prior to issuance of a solicitation for research and
development, the requiring activity shall notify the contracting officer
in writing when--
(1) Export-controlled items are expected to be involved; or
(2) The work is fundamental research only, and export-controlled
items are not expected to be involved.
(b) Prior to issuance of a solicitation for supplies or services,
the requiring activity shall notify the contracting officer in writing
when--
(1) Export-controlled items are expected to be involved; or
[[Page 36]]
(2) The requiring activity is unable to determine that export-
controlled items will not be involved. See PGI 204.7304 for guidance
regarding this notification requirement.
Sec. 204.7305 Contract clauses.
(a) Use the clause at 252.204-7008, Requirements for Contracts
Involving Export-Controlled Items, in solicitations and contracts when
the requiring activity provides the notification at 204.7304(a)(1) or
(b)(1), indicating that export-controlled items are expected to be
involved in the performance of the contract.
(b) Use the clause at 252.204-7009, Requirements Regarding Potential
Access to Export-Controlled Items, in solicitations and contracts--
(1) For research and development, except when the clause at 252.204-
7008 will be included; or
(2) For supplies and services, when the requiring activity provides
the notification at 204.7304(b)(2).
[[Page 37]]
SUBCHAPTER B_ACQUISITION PLANNING
PART 205_PUBLICIZING CONTRACT ACTIONS
Subpart 205.2_Synopses of Proposed Contract Actions
Sec.
Sec. 205.203 Publicizing and response time.
Sec. 205.207 Preparation and transmittal of synopses.
Subpart 205.3_Synopses of Contract Awards
Sec. 205.301 General.
Sec. 205.303 Announcement of contract awards.
Subpart 205.4_Release of Information
Sec. 205.470 Contract clause.
Subpart 205.5_Paid Advertisements
Sec. 205.502 Authority.
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
Source: 56 FR 36302, July 31, 1991, unless otherwise noted.
Subpart 205.2_Synopses of Proposed Contract Actions
Sec. 205.203 Publicizing and response time.
(b) Allow at least 45 days response time when requested by a
qualifying or designated country source (as these terms are used in part
225) and the request is consistent with the Government's requirement.
Sec. 205.207 Preparation and transmittal of synopses.
(d)(i) For acquisitions being considered for historically black
college and university and minority institution set-asides under
226.370--
(A) Cite the appropriate Numbered Note; and
(B) Include the notice at PGI 205.207(d)(i).
(ii) For broad agency announcement notices, see 235.016.
[69 FR 63328, Nov. 1, 2004, as amended at 70 FR 73149, Dec. 9, 2005]
Subpart 205.3_Synopses of Contract Awards
Sec. 205.301 General.
(a)(S-70) Synopsis of exceptions to domestic source requirements.
(i) In accordance with 10 U.S.C. 2533a(k), contracting officers also
must synopsize through the GPE, awards exceeding the simplified
acquisition threshold that are for the acquisition of any clothing,
fiber, yarn, or fabric items described in 225.7002-1(a)(2) through (10),
if--
(A) The Secretary concerned has determined that domestic items are
not available, in accordance with 225.7002-2(b); or
(B) The acquisition is for chemical warfare protective clothing, and
the contracting officer has determined that an exception to domestic
source requirements applies because the acquisition furthers an
agreement with a qualifying country, in accordance with 225.7002-2(p).
(ii) The synopsis must be submitted in sufficient time to permit its
publication not later than 7 days after contract award.
(iii) In addition to the information otherwise required in a
synopsis of contract award, the synopsis must include one of the
following statements as applicable:
(A) ``The exception at DFARS 225.7002-2(b) applies to this
acquisition, because the Secretary concerned has determined that items
grown, reprocessed, reused, or produced in the United States cannot be
acquired as and when needed in satisfactory quality and sufficient
quantity at U.S. market prices.''
(B) ``The exception at DFARS 225.7002-2(p) applies to this
acquisition, because the contracting officer has determined that this
acquisition of chemical warfare protective clothing furthers an
agreement with a qualifying country identified in DFARS 225.872.''
[71 FR 58536, Oct. 4, 2006]
[[Page 38]]
Sec. 205.303 Announcement of contract awards.
(a) Public announcement. (i) The threshold for DoD awards is $5.5
million. Report all contractual actions, including modifications, that
have a face value, excluding unexercised options, of more than $5.5
million.
(A) For undefinitized contractual actions, report the not-to-exceed
(NTE) amount. Later, if the definitized amount exceeds the NTE amount by
more than $5.5 million, report only the amount exceeding the NTE.
(B) For indefinite delivery, time and material, labor hour, and
similar contracts, report the initial award if the estimated face value,
excluding unexercised options, is more than $5.5 million. Do not report
orders up to the estimated value, but after the estimated value is
reached, report subsequent modifications and orders that have a face
value of more than $5.5 million.
(C) Do not report the same work twice.
(ii) Departments and agencies submit the information--
(A) To the Office of the Assistant Secretary of Defense (Public
Affairs);
(B) By the close of business the day before the date of the proposed
award;
(C) Using report control symbol DD-LA- (AR) 1279;
(D) Including, as a minimum, the following--
(1) Contract data. Contract number, modification number, or delivery
order number, face value of this action, total cumulative face value of
the contract, description of what is being bought, contract type,
whether any of the buy was for foreign military sales (FMS) and
identification of the FMS customer;
(2) Competition information. Number of solicitations mailed and
number of offers received;
(3) Contractor data. Name, address, and place of performance (if
significant work is performed at a different location);
(4) Funding data. Type of appropriation and fiscal year of the
funds, and whether the contract is multiyear (see FAR Subpart 17.1); and
(5) Miscellaneous data. Identification of the contracting office,
the contracting office point of contact, known congressional interest,
and the information release date.
(iii) Departments and agencies, in accordance with department/agency
procedures and concurrent with the public announcement, shall provide
information similar to that required by paragraph (a)(ii) of this
section to members of Congress in whose state or district the contractor
is located and the work is to be performed.
[56 FR 36302, July 31, 1991, as amended at 56 FR 67212, Dec. 30, 1991;
71 FR 75892, Dec. 19, 2006]
Subpart 205.4_Release of Information
Sec. 205.470 Contract clause.
Use the clause at 252.205-7000, Provision of Information to
Cooperative Agreement Holders, in solicitations and contracts expected
to exceed $1,000,000,000. This clause implements 10 U.S.C. 2416.
[69 FR 63328, Nov. 1, 2004, as amended at 70 FR 8537, Feb. 22, 2005]
Subpart 205.5_Paid Advertisements
Sec. 205.502 Authority.
(a) Newspapers. Heads of contracting activities are delegated
authority to approve the publication of paid advertisements in
newspapers.
[69 FR 63328, Nov. 1, 2004]
PART 206_COMPETITION REQUIREMENTS
Sec.
Sec. 206.001 Applicability.
Subpart 206.2_Full and Open Competition After Exclusion of Sources
Sec. 206.202 Establishing or maintaining alternative sources.
Sec. 206.203 Set-asides for small business concerns.
Subpart 206.3_Other Than Full and Open Competition
Sec. 206.302 Circumstances permitting other than full and open
competition.
[[Page 39]]
Sec. 206.302-1 Only one responsible source and no other supplies or
services will satisfy agency requirements.
Sec. 206.302-2 Unusual and compelling urgency.
Sec. 206.302-3 Industrial mobilization; or engineering, development, or
research capability.
Sec. 206.302-3-70 Solicitation provision.
Sec. 206.302-4 International agreement.
Sec. 206.302-5 Authorized or required by statute.
Sec. 206.302-7 Public interest.
Sec. 206.303 Justifications.
Sec. 206.303-70 Acquisitions in support of operations in Iraq or
Afghanistan.
Sec. 206.304 Approval of the justification.
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
Source: 56 FR 36303, July 31, 1991, unless otherwise noted.
Sec. 206.001 Applicability.
(b) As authorized by 10 U.S.C. 1091, contracts awarded to
individuals using the procedures at 237.104(b)(ii) are exempt from the
competitive requirements of FAR part 6.
(S-70) Also excepted from this part are follow-on production
contracts for products developed pursuant to the ``other transactions''
authority of 10 U.S.C. 2371 for prototype projects when--
(1) The other transaction agreement includes provisions for a
follow-on production contract;
(2) The contracting officer receives sufficient information from the
agreements officer and the project manager for the prototype other
transaction agreement, which documents that the conditions set forth in
10 U.S.C. 2371 note, subsections (f)(2) (A) and (B) (see 32 CFR 3.9(d)),
have been met; and
(3) The contracting officer establishes quantities and prices for
the follow-on production contract that do not exceed the quantities and
target prices established in the other transaction agreement.
[70 FR 2361, Jan. 13, 2005]
Subpart 206.2_Full and Open Competition After Exclusion of Sources
Sec. 206.202 Establishing or maintaining alternative sources.
(a) Agencies may use this authority to totally or partially exclude
a particular source from a contract action.
(b) The determination and findings (D&F) and the documentation
supporting the D&F shall identify the source to be excluded from the
contract action. Include the information at PGI 206.202(b), as
applicable, and any other information that may be pertinent, in the
supporting documentation.
[69 FR 74991, Dec. 15, 2004]
Sec. 206.203 Set-asides for small business concerns.
(b) Also no separate justification or determination and findings is
required for contract actions processed as historically black college
and university and minority institution set-asides (see 226.7003).
[63 FR 41973, Aug. 6, 1998]
Subpart 206.3_Other Than Full and Open Competition
Sec. 206.302 Circumstances permitting other than full and open
competition.
Sec. 206.302-1 Only one responsible source and no other supplies or
services will satisfy agency requirements.
(a) Authority. (2)(i) Section 8059 of Pub. L. 101-511 and similar
sections in subsequent defense appropriations acts prohibit departments
and agencies from entering into contracts for studies, analyses, or
consulting services (see FAR subpart 37.2) on the basis of an
unsolicited proposal without providing for full and open competition,
unless--
(1) The head of the contracting activity, or a designee no lower
than chief of the contracting office, determines that--
(i) Following thorough technical evaluation, only one source is
fully qualified to perform the proposed work;
(ii) The unsolicited proposal offers significant scientific or
technological promise, represents the product of original thinking, and
was submitted in confidence; or
(iii) The contract benefits the national defense by taking advantage
of a unique and significant industrial accomplishment or by ensuring
financial support to a new product or idea;
(2) A civilian official of the DoD, whose appointment has been
confirmed
[[Page 40]]
by the Senate, determines the award to be in the interest of national
defense; or
(3) The contract is related to improvement of equipment that is in
development or production.
(b) Application. This authority may be used for acquisitions of test
articles and associated support services from a designated foreign
source under the DoD Foreign Comparative Testing Program.
[56 FR 36303, July 31, 1991, as amended at 57 FR 14992, Apr. 23, 1992;
58 FR 28463, May 13, 1993; 69 FR 74991, Dec. 15, 2004]
Sec. 206.302-2 Unusual and compelling urgency.
(b) Application. For guidance on circumstances under which use of
this authority may be appropriate, see PGI 206.302-2(b).
[69 FR 74991, Dec. 15, 2004]
Sec. 206.302-3 Industrial mobilization; or engineering, development, or
research capability.
Sec. 206.302-3-70 Solicitation provision.
Use the provision at 252.206-7000, Domestic Source Restriction, in
all solicitations that are restricted to domestic sources under the
authority of FAR 6.302-3.
Sec. 206.302-4 International agreement.
(c) Limitations. Pursuant to 10 U.S.C. 2304(f)(2)(E), the
justifications and approvals described in FAR 6.303 and 6.304 are not
required if the head of the contracting activity prepares a document
that describes the terms of an agreement or treaty or the written
directions, such as a Letter of Offer and Acceptance, that have the
effect of requiring the use of other than competitive procedures for the
acquisition.
[63 FR 67803, Dec. 9, 1998]
Sec. 206.302-5 Authorized or required by statute.
(b) Application. Agencies may use this authority to--
(i) Acquire supplies and services from military exchange stores
outside the United States for use by the armed forces outside the United
States in accordance with 10 U.S.C. 2424(a) and subject to the
limitations of 10 U.S.C. 2424(b). The limitations of 10 U.S.C. 2424(b)
(1) and (2) do not apply to the purchase of soft drinks that are
manufactured in the United States. For the purposes of 10 U.S.C. 2424,
soft drinks manufactured in the United States are brand name carbonated
sodas, manufactured in the United States, as evidenced by product
markings.
(ii) Acquire police, fire protection, airfield operation, or other
community services from local governments at military installations to
be closed under the circumstances in 237.7401 (Section 2907 of Fiscal
Year 1994 Defense Authorization Act (Pub. L. 103-160)).
(c) Limitations. (i) 10 U.S.C. 2361 precludes use of this exception
for awards to colleges or universities for the performance of research
and development, or for the construction of any research or other
facility, unless--
(A) The statute authorizing or requiring award specifically--
(1) States that the statute modifies or supersedes the provisions of
10 U.S.C. 2361,
(2) Identifies the particular college or university involved, and
(3) States that award is being made in contravention of 10 U.S.C.
2361(a); and
(B) The Secretary of Defense provides Congress written notice of
intent to award. The contract cannot be awarded until 180 days have
elapsed since the date Congress received the notice of intent to award.
Contracting activities must submit a draft notice of intent with
supporting documentation through channels to the Director of Defense
Procurement and Acquisition Policy, Office of the Under Secretary of
Defense (Acquisition, Technology, and Logistics).
(ii) The limitation in paragraph (c)(i) of this subsection applies
only if the statute authorizing or requiring award was enacted after
September 30, 1989.
(iii) Subsequent statutes may provide different or additional
constraints on
[[Page 41]]
the award of contracts to specified colleges and universities.
Contracting officers should consult legal counsel on a case-by-case
basis.
[56 FR 36303, July 31, 1991, as amended at 57 FR 14992, Apr. 23, 1992;
58 FR 28463, May 13, 1993; 59 FR 36089, July 15, 1994; 60 FR 29497, June
5, 1995; 60 FR 40107, Aug. 7, 1995; 65 FR 39704, June 27, 2000; 68 FR
7439, Feb. 14, 2003]
Sec. 206.302-7 Public interest.
(c) Limitations. For the defense agencies, the written determination
to use this authority must be made by the Secretary of Defense.
Sec. 206.303 Justifications.
Sec. 206.303-70 Acquisitions in support of operations in Iraq or
Afghanistan.
The justification and approval addressed in FAR 6.303 is not
required for acquisitions conducted using a procedure specified in
225.7703-1(a).
[73 FR 53152, Sept. 15, 2008]
Sec. 206.304 Approval of the justification.
(a)(4) The Under Secretary of Defense (Acquisition, Technology, and
Logistics) may delegate this authority to--
(A) An Assistant Secretary of Defense; or
(B) For a defense agency, an officer or employee serving in,
assigned, or detailed to that agency who--
(1) If a member of the armed forces, is serving in a rank above
brigadier general or rear admiral (lower half); or
(2) If a civilian, is serving in a position with a grade under the
General Schedule (or any other schedule for civilian officers or
employees) that is comparable to or higher than the grade of major
general or rear admiral.
[61 FR 10285, Mar. 13, 1995, as amended at 61 FR 50451, Sept. 26, 1996;
65 FR 39704, June 27, 2000]
PART 207_ACQUISITION PLANNING
Subpart 207.1_Acquisition Plans
Sec.
Sec. 207.102 Policy.
Sec. 207.103 Agency-head responsibilities.
Sec. 207.104 General procedures.
Sec. 207.105 Contents of written acquisition plans.
Sec. 207.106 Additional requirements for major systems.
Sec. 207.170 Consolidation of contract requirements.
Sec. 207.170-1 Scope.
Sec. 207.170-2 Definitions.
Sec. 207.170-3 Policy and procedures.
Sec. 207.171 Component breakout.
Sec. 207.171-1 Scope.
Sec. 207.171-2 Definition.
Sec. 207.171-3 Policy.
Sec. 207.171-4 Procedures.
Sec. 207.172 Human research.
Subpart 207.4_Equipment Lease or Purchase
Sec. 207.401 Acquisition considerations.
Sec. 207.470 Statutory requirements.
Sec. 207.471 Funding requirements.
Subpart 207.5_Inherently Governmental Functions
Sec. 207.500 Scope of subpart.
Sec. 207.503 Policy.
Subpart 207.70_Buy-to-Budget_Additional Quantities of End Items
Sec. 207.7001 Definition.
Sec. 207.7002 Authority to acquire additional quantities of end items.
Sec. 207.7003 Limitation.
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
Source: 56 FR 36305, July 31, 1991, unless otherwise noted.
Subpart 207.1_Acquisition Plans
Sec. 207.102 Policy.
(a)(1) See 212.102 regarding requirements for a written
determination that the commercial item definition has been met when
using FAR Part 12 procedures.
[73 FR 4114, Jan. 24, 2008]
Sec. 207.103 Agency-head responsibilities.
(d)(i) Prepare written acquisition plans for--
(A) Acquisitions for development, as defined in FAR 35.001, when the
total cost of all contracts for the acquisition program is estimated at
$10 million or more;
(B) Acquisitions for production or services when the total cost of
all contracts for the acquisition program is estimated at $50 million or
more for all
[[Page 42]]
years or $25 million or more for any fiscal year; and
(C) Any other acquisition considered appropriate by the department
or agency.
(ii) Written plans are not required in acquisitions for a final buy
out or one-time buy. The terms ``final buy out'' and ``one-time buy''
refer to a single contract that covers all known present and future
requirements. This exception does not apply to a multiyear contract or a
contract with options or phases.
(e) Prepare written acquisition plans for acquisition programs
meeting the thresholds of paragraphs (d)(i)(A) and (B) of this section
on a program basis. Other acquisition plans may be written on either a
program or an individual contract basis.
(g) The program manager, or other official responsible for the
program, has overall responsibility for acquisition planning.
(h) For procurement of conventional ammunition, as defined in DoDD
5160.65, Single Manager for Conventional Ammunition (SMCA), the SMCA
will review the acquisition plan to determine if it is consistent with
retaining national technology and industrial base capabilities in
accordance with 10 U.S.C. 2304(c)(3) and Section 806 of Public Law 105-
261. The department or agency--
(i) Shall submit the acquisition plan to the address in PGI
207.103(h); and
(ii) Shall not proceed with the procurement until the SMCA provides
written concurrence with the acquisition plan. In the case of a non-
concurrence, the SMCA will resolve issues with the Army Office of the
Executive Director for Conventional Ammunition.
[71 FR 53045, Sept. 8, 2006, as amended at 71 FR 58537, Oct. 4, 2006]
Sec. 207.104 General procedures.
In developing an acquisition plan, agency officials shall take into
account the requirement for scheduling and conducting a Peer Review in
accordance with 201.170.
[74 FR 37626, July 29, 2009]
Sec. 207.105 Contents of written acquisition plans.
In addition to the requirements of FAR 7.105, planners shall follow
the procedures at PGI 207.105.
[71 FR 53045, Sept. 8, 2006]
Sec. 207.106 Additional requirements for major systems.
(b)(1)(A) The contracting officer is prohibited by 10 U.S.C.
2305(d)(4)(A) from requiring offers for development or production of
major systems that would enable the Government to use technical data to
competitively reprocure identical items or components of the system if
the item or component were developed exclusively at private expense,
unless the contracting officer determines that--
(1) The original supplier of the item or component will be unable to
satisfy program schedule or delivery requirements;
(2) Proposals by the original supplier of the item or component to
meet mobilization requirements are insufficient to meet the agency's
mobilization needs; or
(3) The Government is otherwise entitled to unlimited rights in
technical data.
(B) If the contracting officer makes a determination, under
paragraphs (b)(1)(A) (1) and (2) of this section, for a competitive
solicitation, 10 U.S.C. 2305(d)(4)(B) requires that the evaluation of
items developed at private expense be based on an analysis of the total
value, in terms of innovative design, life-cycle costs, and other
pertinent factors, of incorporating such items in the system.
(S-70)(1) In accordance with Section 802(a) of the National Defense
Authorization Act for Fiscal Year 2007 (Pub. L. 109-364) and DoD policy
requirements, acquisition plans for major weapon systems and subsystems
of major weapon systems shall--
(i) Assess the long-term technical data and computer software needs
of those systems and subsystems; and
(ii) Establish acquisition strategies that provide for the technical
data deliverables and associated license rights needed to sustain those
systems
[[Page 43]]
and subsystems over their life cycle. The strategy may include--
(A) The development of maintenance capabilities within DoD; or
(B) Competition for contracts for sustainment of the systems or
subsystems.
(2) Assessments and corresponding acquisition strategies developed
under this section shall--
(i) Be developed before issuance of a solicitation for the weapon
system or subsystem;
(ii) Address the merits of including a priced contract option for
the future delivery of technical data and computer software, and
associated license rights, that were not acquired upon initial contract
award;
(iii) Address the potential for changes in the sustainment plan over
the life cycle of the weapon system or subsystem; and
(iv) Apply to weapon systems and subsystems that are to be supported
by performance-based logistics arrangements as well as to weapon systems
and subsystems that are to be supported by other sustainment approaches.
(S-71) See 209.570 for policy applicable to acquisition strategies
that consider the use of lead system integrators.
[56 FR 36305, July 31, 1991, as amended at 72 FR 51188, Sept. 6, 2007;
73 FR 1824, Jan. 10, 2008]
Sec. 207.170 Consolidation of contract requirements.
Sec. 207.170-1 Scope.
This section implements 10 U.S.C. 2382.
[69 FR 55987, Sept. 17, 2004]
Sec. 207.170-2 Definitions.
As used in this section--
Consolidation of contract requirements means the use of a
solicitation to obtain offers for a single contract or a multiple award
contract to satisfy two or more requirements of a department, agency, or
activity for supplies or services that previously have been provided to,
or performed for, that department, agency, or activity under two or more
separate contracts.
Multiple award contract means-
(1) Orders placed using a multiple award schedule issued by the
General Services Administration as described in FAR Subpart 8.4;
(2) A multiple award task order or delivery order contract issued in
accordance with FAR Subpart 16.5; or
(3) Any other indefinite-delivery, indefinite-quantity contract that
an agency enters into with two or more sources for the same line item
under the same solicitation.
[71 FR 14106, Mar. 21, 2006]
Sec. 207.170-3 Policy and procedures.
(a) Agencies shall not consolidate contract requirements with an
estimated total value exceeding $5.5 million unless the acquisition
strategy includes--
(1) The results of market research;
(2) Identification of any alternative contracting approaches that
would involve a lesser degree of consolidation; and
(3) A determination by the senior procurement executive that the
consolidation is necessary and justified.
(i) Market research may indicate that consolidation of contract
requirements is necessary and justified if the benefits of the
acquisition strategy substantially exceed the benefits of each of the
possible alternative contracting approaches. Benefits may include costs
and, regardless of whether quantifiable in dollar amounts--
(A) Quality;
(B) Acquisition cycle;
(C) Terms and conditions; and
(D) Any other benefit.
(ii) Savings in administrative or personnel costs alone do not
constitute a sufficient justification for a consolidation of contract
requirements unless the total amount of the cost savings is expected to
be substantial in relation to the total cost of the procurement.
(b) Include the determination made in accordance with paragraph
(a)(3) of this section in the contract file.
[69 FR 55987, Sept. 17, 2004, as amended at 71 FR 14106, Mar. 21, 2006;
71 FR 75892, Dec. 19, 2006]
[[Page 44]]
Sec. 207.171 Component breakout.
Sec. 207.171-1 Scope.
(a) This section provides policy for breaking out components of end
items for future acquisitions so that the Government can purchase the
components directly from the manufacturer or supplier and furnish them
to the end item manufacturer as Government-furnished material.
(b) This section does not apply to--
(1) The initial decisions on Government-furnished equipment or
contractor-furnished equipment that are made at the inception of an
acquisition program; or
(2) Breakout of parts for replenishment (see Appendix E).
[71 FR 14102, Mar. 21, 2006]
Sec. 207.171-2 Definition.
Component, as used in this section, includes subsystems, assemblies,
subassemblies, and other major elements of an end item; it does not
include elements of relatively small annual acquisition value.
[71 FR 14102, Mar. 21, 2006]
Sec. 207.171-3 Policy.
DoD policy is to break out components of weapons systems or other
major end items under certain circumstances.
(a) When it is anticipated that a prime contract will be awarded
without adequate price competition, and the prime contractor is expected
to acquire any component without adequate price competition, the agency
shall break out that component if--
(1) Substantial net cost savings probably will be achieved; and
(2) Breakout action will not jeopardize the quality, reliability,
performance, or timely delivery of the end item.
(b) Even when either or both the prime contract and the component
will be acquired with adequate price competition, the agency shall
consider breakout of the component if substantial net cost savings will
result from--
(1) Greater quantity acquisitions; or
(2) Such factors as improved logistics support (through reduction in
varieties of spare parts) and economies in operations and training
(through standardization of design).
(c) Breakout normally is not justified for a component that is not
expected to exceed $1 million for the current year's requirement.
[71 FR 14102, Mar. 21, 2006]
Sec. 207.171-4 Procedures.
Agencies shall follow the procedures at PGI 207.171-4 for component
breakout.
[71 FR 14102, Mar. 21, 2006]
Sec. 207.172 Human research.
Any DoD component sponsoring research involving human subjects--
(a) Is responsible for oversight of compliance with 32 CFR Part 219,
Protection of Human Subjects; and
(b) Must have a Human Research Protection Official, as defined in
the clause at 252.235-7004, Protection of Human Subjects, and identified
in the DoD component's Human Research Protection Management Plan. This
official is responsible for the oversight and execution of the
requirements of the clause at 252.235-7004 and shall be identified in
acquisition planning.
[74 FR 37648, July 29, 2009]
Subpart 207.4_Equipment Lease or Purchase
Sec. 207.401 Acquisition considerations.
If the equipment will be leased for more than 60 days, the requiring
activity must prepare and provide the contracting officer with the
justification supporting the decision to lease or purchase.
Sec. 207.470 Statutory requirements.
(a) Requirement for authorization of certain contracts relating to
vessels, aircraft, and combat vehicles. The contracting officer shall
not enter into any contract for the lease or charter of any vessel,
aircraft, or combat vehicle, or any contract for services that would
require the use of the contractor's vessel, aircraft, or combat vehicle,
unless the Secretary of the military department concerned has satisfied
the requirements of 10 U.S.C. 2401, when--
[[Page 45]]
(1) The contract will be a long-term lease or charter as defined in
10 U.S.C. 2401(d)(1); or
(2) The terms of the contract provide for a substantial termination
liability as defined in 10 U.S.C. 2401(d)(2). Also see PGI 207.470.
(b) Limitation on contracts with terms of 18 months or more. As
required by 10 U.S.C. 2401a, the contracting officer shall not enter
into any contract for any vessel, aircraft, or vehicle, through a lease,
charter, or similar agreement with a term of 18 months or more, or
extend or renew any such contract for a term of 18 months or more,
unless the head of the contracting activity has--
(1) Considered all costs of such a contract (including estimated
termination liability); and
(2) Determined in writing that the contract is in the best interest
of the Government.
(c) Leasing of commercial vehicles and associated equipment. Except
as provided in paragraphs (a) and (b) of this section, the contracting
officer may use leasing in the acquisition of commercial vehicles and
associated equipment whenever the contracting officer determines that
leasing of such vehicles is practicable and efficient (10 US.C. 2401a).
[61 FR 16879, Apr. 18, 1996, as amended at 61 FR 50451, Sept. 26, 1996;
74 FR 34266, July 15, 2009]
Sec. 207.471 Funding requirements.
(a) Fund leases in accordance with DoD Financial Management
Regulation (FMR) 7000.14-R, Volume 2A, Chapter 1.
(b) DoD leases are either capital leases or operating leases. See
FMR 7000.14-R, Volume 4, Chapter 7, Section 070207.
(c) Use procurement funds for capital leases, as these are
essentially installment purchases of property.
[64 FR 31732, June 14, 1999, as amended at 66 FR 55121, Nov. 1, 2001; 71
FR 53045, Sept. 8, 2006]
Subpart 207.5_Inherently Governmental Functions
Source: 70 FR 14573, Mar. 23, 2005, unless otherwise noted.
Sec. 207.500 Scope of subpart.
This subpart also implements 10 U.S.C. 2383.
Sec. 207.503 Policy.
(e) The written determination required by FAR 7.503(e), that none of
the functions to be performed by contract are inherently governmental--
(i) Shall be prepared using DoD Instruction 1100.22, Guidance for
Determining Workforce Mix; and
(ii) Shall include a determination that none of the functions to be
performed are exempt from private sector performance, as addressed in
DoD Instruction 1100.22.
(S-70) Contracts for acquisition functions.
(1) In accordance with 10 U.S.C. 2383, the head of an agency may
enter into a contract for performance of the acquisition functions
closely associated with inherently governmental functions that are
listed at FAR 7.503(d) only if--
(i) The contracting officer determines that appropriate military or
civilian DoD personnel--
(A) Cannot reasonably be made available to perform the functions;
(B) Will oversee contractor performance of the contract; and
(C) Will perform all inherently governmental functions associated
with the functions to be performed under the contract; and
(ii) The contracting officer ensures that the agency addresses any
potential organizational conflict of interest of the contractor in the
performance of the functions under the contract (see FAR Subpart 9.5).
(2) See related information at PGI 207.503(S-70).
[70 FR 14573, Mar. 23, 2005, as amended at 71 FR 14101, Mar. 21, 2006;
73 FR 1826, Jan. 10, 2008]
Subpart 207.70_Buy-to-Budget_Additional Quantities of End Items
Source: 68 FR 43331, July 22, 2003, unless otherwise noted.
Sec. 207.7001 Definition.
End item, as used in this subpart, means a production product
assembled,
[[Page 46]]
completed, and ready for issue or deployment.
Sec. 207.7002 Authority to acquire additional quantities of end items.
10 U.S.C. 2308 authorizes DoD to use funds available for the
acquisition of an end item to acquire a higher quantity of the end item
than the quantity specified in a law providing for the funding of that
acquisition, if the head of an agency determines that--
(a) The agency has an established requirement for the end item that
is expected to remain substantially unchanged throughout the period of
the acquisition;
(b) It is possible to acquire the higher quantity of the end item
without additional funding because of production efficiencies or other
cost reductions;
(c) The amount of funds used for the acquisition of the higher
quantity of the end item will not exceed the amount provided under that
law for the acquisition of the end item; and
(d) The amount provided under that law for the acquisition of the
end item is sufficient to ensure that each unit of the end item acquired
within the higher quantity is fully funded as a complete end item.
Sec. 207.7003 Limitation.
For noncompetitive acquisitions, the acquisition of additional
quantities is limited to not more than 10 percent of the quantity
approved in the justification and approval prepared in accordance with
FAR part 6 for the acquisition of the end item.
PART 208_REQUIRED SOURCES OF SUPPLIES AND SERVICES
Sec.
Sec. 208.002 Priorities for use of Government supply sources.
Subpart 208.4_Federal Supply Schedules
Sec. 208.404 Use of Federal Supply Schedules.
Sec. 208.405-70 Additional ordering procedures.
Sec. 208.406 Ordering activity responsibilities.
Sec. 208.406-1 Order placement.
Subpart 208.6_Acquisition From Federal Prison Industries, Inc.
Sec. 208.602-70 Acquisition of items for which FPI has a significant
market share.
Subpart 208.7_Acquisition From Nonprofit Agencies Employing People Who
Are Blind or Severely Disabled
Sec. 208.705 Procedures.
Subpart 208.70_Coordinated Acquisition
Sec. 208.7000 Scope of subpart.
Sec. 208.7001 Definitions.
Sec. 208.7002 Assignment authority.
Sec. 208.7002-1 Acquiring department responsibilities.
Sec. 208.7002-2 Requiring department responsibilities.
Sec. 208.7003 Applicability.
Sec. 208.7003-1 Assignments under integrated materiel management (IMM).
Sec. 208.7003-2 Assignments under coordinated acquisition.
Sec. 208.7004 Procedures.
Sec. 208.7005 Military interdepartmental purchase requests.
Sec. 208.7006 Coordinated acquisition assignments.
Subpart 208.71_Acquisition for National Aeronautics and Space
Administration (NASA)
Sec. 208.7100 Authorization.
Sec. 208.7101 Policy.
Sec. 208.7102 Procedures.
Subpart 208.72 [Reserved]
Sec. 208.7201 Definitions.
Sec. 208.7202 General.
Sec. 208.7203 Authority.
Sec. 208.7204 Procedures.
Subpart 208.73_Use of Government-Owned Precious Metals
Sec. 208.7301 Definitions.
Sec. 208.7302 Policy.
Sec. 208.7303 Procedures.
Sec. 208.7304 Refined precious metals.
Sec. 208.7305 Contract clause.
Subpart 208.74_Enterprise Software Agreements
Sec. 208.7400 Scope of subpart.
Sec. 208.7401 Definitions.
Sec. 208.7402 General.
Sec. 208.7403 Acquisition procedures.
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
Source: 56 FR 36306, July 31, 1991, unless otherwise noted.
[[Page 47]]
Sec. 208.002 Priorities for use of Government supply sources.
(a)(1)(v) See Subpart 208.70, Coordinated Acquisition, and Subpart
208.74, Enterprise Software Agreements.
[71 FR 39004, July 11, 2006]
Subpart 208.4_Federal Supply Schedules
Sec. 208.404 Use of Federal Supply Schedules.
(a)(i) Departments and agencies shall comply with the review,
approval, and reporting requirements established in accordance with
subpart 217.78 when placing orders for supplies or services in amounts
exceeding the simplified acquisition threshold.
(ii) When a schedule lists both foreign and domestic items that will
meet the needs of the requiring activity, the ordering office must apply
the procedures of part 225 and FAR part 25, Foreign Acquisition. When
purchase of an item of foreign origin is specifically required, the
requiring activity must furnish the ordering office sufficient
information to permit the determinations required by part 225 and FAR
part 25 to be made.
[56 FR 36306, July 31, 1991, as amended at 67 FR 65508, Oct. 25, 2002;
69 FR 63327, Nov. 1, 2004; 70 FR 29642, May 24, 2005; 71 FR 14103,
14107, Mar. 21, 2006]
Sec. 208.405-70 Additional ordering procedures.
(a) This subsection--
(1) Implements Section 803 of the National Defense Authorization Act
for Fiscal Year 2002 (Pub. L. 107-107) for the acquisition of services,
and establishes similar policy for the acquisition of supplies;
(2) Applies to orders for supplies or services under Federal Supply
Schedules, including orders under blanket purchase agreements
established under Federal Supply Schedules; and
(3) Also applies to orders placed by non-DoD agencies on behalf of
DoD.
(b) Each order exceeding $100,000 shall be placed on a competitive
basis in accordance with paragraph (c) of this subsection, unless this
requirement is waived on the basis of a justification that is prepared
and approved in accordance with FAR 8.405-6 and includes a written
determination that--
(1) A statute expressly authorizes or requires that the purchase be
made from a specified source; or
(2) One of the circumstances described at FAR 16.505(b)(2)(i)
through (iii) applies to the order. Follow the procedures at PGI
216.505-70 if FAR 16.505(b)(2)(ii) or (iii) is deemed to apply.
(c) An order exceeding $100,000 is placed on a competitive basis
only if the contracting officer provides a fair notice of the intent to
make the purchase, including a description of the supplies to be
delivered or the services to be performed and the basis upon which the
contracting officer will make the selection, to--
(1) As many schedule contractors as practicable, consistent with
market research appropriate to the circumstances, to reasonably ensure
that offers will be received from at least three contractors that can
fulfill the requirements, and the contracting officer--
(i)(A) Receives offers from at least three contractors that can
fulfill the requirements; or
(B) Determines in writing that no additional contractors that can
fulfill the requirements could be identified despite reasonable efforts
to do so (documentation should clearly explain efforts made to obtain
offers from at least three contractors); and
(ii) Ensures all offers received are fairly considered; or
(2) All contractors offering the required supplies or services under
the applicable multiple award schedule, and affords all contractors
responding to the notice a fair opportunity to submit an offer and have
that offer fairly considered.
(d) See PGI 208.405-70 for additional information regarding fair
notice to contractors and requirements relating to the establishment of
blanket purchase agreements under Federal Supply Schedules.
[71 FR 14107, Mar. 21, 2006]
[[Page 48]]
Sec. 208.406 Ordering activity responsibilities.
Sec. 208.406-1 Order placement.
Follow the procedures at PGI 208.406-1 when ordering from schedules.
[71 FR 14107, Mar. 21, 2006]
Subpart 208.6_Acquisition From Federal Prison Industries, Inc.
Sec. 208.602-70 Acquisition of items for which FPI has a significant
market share.
(a) Scope. This subsection implements Section 827 of the National
Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181).
(b) Definition. Item for which FPI has a significant market share,
as used in this subsection, means an item for which FPI's share of the
DoD market for the federal supply class including that item is greater
than 5 percent, as determined by DoD in consultation with the Office of
Federal Procurement Policy. A list of the federal supply classes of
items for which FPI has a significant market share is maintained at
http://www.acq.osd.mil/ dpap/cpic/ cp/specific--policy--
areas.html#federal--prison.
(c) Policy. (1) When acquiring an item for which FPI has a
significant market share--
(i) Acquire the item using--
(A) Competitive procedures (e.g., the procedures in FAR 6.102, the
set-aside procedures in FAR Subpart 19.5, or competition conducted in
accordance with FAR Part 13); or
(B) The fair opportunity procedures in FAR 16.505, if placing an
order under a multiple award delivery-order contract; and
(ii) Include FPI in the solicitation process, consider a timely
offer from FPI, and make an award in accordance with the policy at FAR
8.602(a)(4)(ii) through (v).
(2) When acquiring an item for which FPI does not have a significant
market share, acquire the item in accordance with the policy at FAR
8.602.
[73 FR 46817, Aug. 12, 2008]
Subpart 208.7_Acquisition From Nonprofit Agencies Employing People Who
Are Blind or Severely Disabled
Sec. 208.705 Procedures.
Follow the procedures at PGI 208.705 when placing orders with
central nonprofit agencies.
[71 FR 39004, July 11, 2006]
Subpart 208.70_Coordinated Acquisition
Sec. 208.7000 Scope of subpart.
This subpart prescribes policy and procedures for acquisition of
items for which contracting responsibility is assigned to one or more of
the departments/agencies or the General Services Administration.
Contracting responsibility is assigned through--
(a) The Coordinated Acquisition Program (commodity assignments are
listed in PGI 208.7006); or
(b) The Integrated Materiel Management Program (assignments are in
DoD 4140.26-M, Defense Integrated Materiel Management Manual for
Consumable Items).
[56 FR 36306, July 31, 1991, as amended at 67 FR 77936, Dec. 20, 2002;
71 FR 39004, July 11, 2006]
Sec. 208.7001 Definitions.
For purposes of this subpart--
Acquiring department means the department, agency, or General
Services Administration which has contracting responsibility under the
Coordinated Acquisition Program.
Integrated materiel management means assignment of acquisition
management responsibility to one department, agency, or the General
Services Administration for all of DoD's requirements for the assigned
item. Acquisition management normally includes computing requirements,
funding, budgeting, storing, issuing, cataloging, standardizing, and
contracting functions.
Requiring department means the department or agency which has the
requirement for an item.
[[Page 49]]
Sec. 208.7002 Assignment authority.
(a) Under the DoD Coordinated Acquisition Program, contracting
responsibility for certain commodities is assigned to a single
department, agency, or the General Services Administration (GSA).
Commodity assignments are made--
(1) To the departments and agencies, by the Deputy Under Secretary
of Defense (Logistics);
(2) To GSA, through agreement with GSA, by the Deputy Under
Secretary of Defense (Logistics);
(3) Outside the contiguous United States, by the Unified Commanders;
and
(4) For acquisitions to be made in the contiguous United States for
commodities not assigned under paragraphs (a)(1), (2), or (3) of this
section, by agreement of agency heads (10 U.S.C. 2311).
(i) Agreement may be on either a one-time or a continuing basis. The
submission of a military interdepartmental purchase request (MIPR) by a
requiring activity and its acceptance by the contracting activity of
another department, even though based on an oral communication,
constitutes a one-time agreement.
(ii) Consider repetitive delegated acquisition responsibilities for
coordinated acquisition assignment. If not considered suitable for
coordinated acquisition assignment, formalize continuing agreements and
distribute them to all activities concerned.
(b) Under the Integrated Materiel Management Program, assignments
are made by the Deputy Under Secretary of Defense (Logistics)--
(1) To the departments and agencies; and
(2) To GSA, through agreement with GSA.
[56 FR 36306, July 31, 1991, as amended at 64 FR 51075, Sept. 21, 1999;
70 FR 35544, June 21, 2005]
Sec. 208.7002-1 Acquiring department responsibilities.
See PGI 208.7002-1 for the acquiring department's responsibilities.
[71 FR 39004, July 11, 2006]
Sec. 208.7002-2 Requiring department responsibilities.
See PGI 208.7002-2 for the requiring department's responsibilities.
[71 FR 39004, July 11, 2006]
Sec. 208.7003 Applicability.
Sec. 208.7003-1 Assignments under integrated materiel management (IMM).
(a) Acquire all items assigned for IMM from the IMM manager except--
(1) Items purchased under circumstances of unusual and compelling
urgency as defined in FAR 6.302-2. After such a purchase is made, the
requiring activity must send one copy of the contract and a statement of
the emergency to the IMM manager;
(2) Items for which the IMM manager assigns a supply system code for
local purchase or otherwise grants authority to purchase locally; or
(3) When purchase by the requiring activity is in the best interest
of the Government in terms of the combination of quality, timeliness,
and cost that best meets the requirement. This exception does not apply
to items--
(i) Critical to the safe operation of a weapon system;
(ii) With special security characteristics; or
(iii) Which are dangerous (e.g., explosives, munitions).
(b) Follow the procedures at PGI 208.7003-1(b) when an item assigned
for IMM is to be acquired by the requiring department in accordance with
paragraph (a)(3) of this subsection.
[60 FR 61593, Nov. 30, 1995, as amended at 64 FR 51075, Sept. 21, 1999;
64 FR 61031, Nov. 9, 1999; 71 FR 39004, July 11, 2006]
Sec. 208.7003-2 Assignments under coordinated acquisition.
Requiring departments must submit to the acquiring department all
contracting requirements for items assigned for coordinated acquisition,
except--
(a) Items obtained through the sources in FAR 8.002(a)(1) (i)
through (vii);
(b) Items obtained under 208.7003-1(a);
(c) Requirements not in excess of the simplified acquisition
threshold in FAR part 2, when contracting by the
[[Page 50]]
requiring department is in the best interest of the Government;
(d) In an emergency. When an emergency purchase is made, the
requiring department must send one copy of the contract and a statement
of the emergency to the contracting activity of the acquiring
department;
(e) Requirements for which the acquiring department's contracting
activity delegates contracting authority to the requiring department;
(f) Items in a research and development stage (as described in FAR
part 35). Under this exception, the military departments may contract
for research and development requirements, including quantities for
testing purposes and items undergoing in-service evaluation (not yet in
actual production, but beyond prototype). Generally, this exception
applies only when research and development funds are used.
(g) Items peculiar to nuclear ordnance material where design
characteristics or test-inspection requirements are controlled by the
Department of Energy (DoE) or by DoD to ensure reliability of nuclear
weapons.
(1) This exception applies to all items designed for and peculiar to
nuclear ordnance regardless of agency control, or to any item which
requires test or inspection conducted or controlled by DoE or DoD.
(2) This exception does not cover items used for both nuclear
ordnance and other purposes if the items are not subject to the special
testing procedures.
(h) Items to be acquired under FAR 6.302-6 (national security
requires limitation of sources);
(i) Items to be acquired under FAR 6.302-1 (supplies available only
from the original source for follow-on contract);
(j) Items directly related to a major system and which are design
controlled by and acquired from either the system manufacturer or a
manufacturer of a major subsystem;
(k) Items subject to rapid design changes, or to continuous redesign
or modification during the production and/or operational use phases,
which require continual contact between industry and the requiring
department to ensure that the item meets the requirements:
(1) This exception permits the requiring department to contract for
items of highly unstable design. For use of this exception, it must be
clearly impractical, both technically and contractually, to refer the
acquisition to the acquiring department. Anticipation that contracting
by negotiation will be appropriate, or that a number of design changes
may occur during contract performance is not in itself sufficient reason
for using this exception.
(2) This exception also applies to items requiring compatibility
testing, provided such testing requires continual contact between
industry and the requiring department;
(l) Containers acquired only with items for which they are designed;
(m) One-time buy of a noncataloged item.
(1) This exception permits the requiring departments to contract for
a nonrecurring requirement for a noncataloged item. This exception could
cover a part or component for a prototype which may be stock numbered at
a later date.
(2) This exception does not permit acquisitions of recurring
requirements for an item, based solely on the fact that the item is not
stock numbered, nor may it be used to acquire items which have only
slightly different characteristics than previously cataloged items.
[56 FR 36306, July 31, 1991, as amended at 60 FR 61593, Nov. 30, 1995;
64 FR 51075, Sept. 21, 1999; 71 FR 69489, Dec. 1, 2006]
Sec. 208.7004 Procedures.
Follow the procedures at PGI 208.7004 for processing coordinated
acquisition requirements.
[71 FR 39005, July 11, 2006]
Sec. 208.7005 Military interdepartmental purchase requests.
Follow the procedures at--
(a) PGI 253.208-1 when using DD Form 448, Military Interdepartmental
Purchase Request; and
(b) PGI 253.208-2 when using DD Form 448-2, Acceptance of MIPR.
[71 FR 39005, July 11, 2006]
[[Page 51]]
Sec. 208.7006 Coordinated acquisition assignments.
See PGI 208.7006 for coordinated acquisition assignments.
[71 FR 39005, July 11, 2006]
Subpart 208.71_Acquisition for National Aeronautics and Space
Administration (NASA)
Sec. 208.7100 Authorization.
NASA is authorized by Public Law 85-568 to use the acquisition
services, personnel, equipment, and facilities of DoD departments and
agencies with their consent, with or without reimbursement, and on a
similar basis to cooperate with the departments/agencies in the use of
acquisition services, equipment, and facilities.
Sec. 208.7101 Policy.
Departments and agencies shall cooperate fully with NASA in making
acquisition services, equipment, personnel, and facilities available on
the basis of mutual agreement.
[71 FR 39005, July 11, 2006]
Sec. 208.7102 Procedures.
Follow the procedures at PGI 208.7102 when contracting or performing
services for NASA.
[71 FR 39005, July 11, 2006]
Subpart 208.72 [Reserved]
Subpart 208.73_Use of Government-Owned Precious Metals
Sec. 208.7301 Definitions.
As used in this subpart--
Defense Supply Center, Philadelphia (DSCP) means the Defense
Logistics Agency field activity located at 700 Robbins Avenue,
Philadelphia, PA 19111-5096, which is the assigned commodity integrated
material manager for refined precious metals and is responsible for the
storage and issue of such material.
Refined precious metal means recovered silver, gold, platinum,
palladium, iridium, rhodium, or ruthenium, in bullion, granulation or
sponge form, which has been purified to at least .999 percentage of
fineness.
[56 FR 36306, July 31, 1991, as amended at 65 FR 14398, Mar. 16, 2000;
65 FR 52951, Aug. 31, 2000; 65 FR 58607 Sept. 29, 2000; 71 FR 39005,
July 11, 2006]
Sec. 208.7302 Policy.
DoD policy is for maximum participation in the Precious Metals
Recovery Program. DoD components shall furnish recovered precious metals
contained in the DSCP inventory to production contractors rather than
use contractor-furnished precious metals whenever the contracting
officer determines it to be in the Government's best interest.
[56 FR 36306, July 31, 1991, as amended at 65 FR 52951, Aug. 31, 2000;
71 FR 39005, July 11, 2006]
Sec. 208.7303 Procedures.
Follow the procedures at PGI 208.7303 for use of the Precious Metals
Recovery Program.
[71 FR 39005, July 11, 2006]
Sec. 208.7304 Refined precious metals.
See PGI 208.7304 for a list of refined precious metals managed by
DSCP.
[71 FR 39005, July 11, 2006]
Sec. 208.7305 Contract clause.
(a) Use the clause at 252.208-7000, Intent to Furnish Precious
Metals as Government-Furnished Material, in all solicitations and
contracts except--
(1) When the contracting officer has determined that the required
precious metals are not available from DSCP;
(2) When the contracting officer knows that the items being acquired
do not require precious metals in their manufacture; or
(3) For acquisitions at or below the simplified acquisition
threshold.
(b) To make the determination in paragraph (a)(1) of this section,
the contracting officer shall consult with the end item inventory
manager and comply with the procedures in Chapter 11, DoD 4160.21-M,
Defense Materiel Disposition Manual.
[56 FR 36306, July 31, 1991, as amended at 64 FR 2596, Jan. 15, 1999; 65
FR 14398, Mar. 16, 2000; 65 FR 52952, Aug. 31, 2000]
[[Page 52]]
Subpart 208.74_Enterprise Software Agreements
Source: 67 FR 65511, Oct. 25, 2002, unless otherwise noted.
Sec. 208.7400 Scope of subpart.
This subpart prescribes policy and procedures for acquisition of
commercial software and software maintenance, including software and
software maintenance that is acquired--
(a) As part of a system or system upgrade, where practicable;
(b) Under a service contract;
(c) Under a contract or agreement administered by another agency
(e.g., under an interagency agreement);
(d) Under a Federal Supply Schedule contract or blanket purchase
agreement established in accordance with FAR 8.405 and 208.405-70; or
(e) By a contractor that is authorized to order From a Government
supply source pursuant to FAR 51.101.
[67 FR 65511, Oct. 25, 2002, as amended at 71 FR 62559, Oct. 26, 2006]
Sec. 208.7401 Definitions.
As used in this subpart--
Enterprise software agreement means an agreement or a contract that
is used to acquire designated commercial software or related services
such as software maintenance.
Enterprise Software Initiative means an initiative led by the DoD
Chief Information Officer to develop processes for DoD-wide software
asset management.
Software maintenance means services normally provided by a software
company as standard services at established catalog or market prices,
e.g., the right to receive and use upgraded versions of software,
updates, and revisions.
[67 FR 65511, Oct. 25, 2002, as amended at 71 FR 39005, July 11, 2006]
Sec. 208.7402 General.
Departments and agencies shall fulfill requirements for commercial
software and related services, such as software maintenance, in
accordance with the DoD Enterprise Software Initiative (ESI) (see Web
site at http://www.don-imit.navy.mil/esi). ESI promotes the use of
enterprise software agreements (ESAs) with contractors that allow DoD to
obtain favorable terms and pricing for commercial software and related
services. ESI does not dictate the products or services to be acquired.
Sec. 208.7403 Acquisition procedures.
Follow the procedures at PGI 208.7403 when acquiring commercial
software and related services.
[71 FR 39005, July 11, 2006]
PART 209_CONTRACTOR QUALIFICATIONS
Subpart 209.1_Responsible Prospective Contractors
Sec.
Sec. 209.101 Definitions.
Sec. 209.104 Standards.
Sec. 209.104-1 General standards.
Sec. 209.104-4 Subcontractor responsibility.
Sec. 209.104-70 Solicitation provisions.
Sec. 209.105-1 Obtaining information.
Sec. 209.105-2 Determinations and documentation.
Sec. 209.106 Preaward surveys.
Subpart 209.2_Qualifications Requirements
Sec. 209.202 Policy.
Sec. 209.270 Aviation critical safety items.
Sec. 209.270-1 Scope.
Sec. 209.270-2 Definitions.
Sec. 209.270-3 Policy.
Sec. 209.270-4 Procedures.
Subpart 209.3 [Reserved]
Subpart 209.4_Debarment, Suspension, and Ineligibility
Sec. 209.402 Policy.
Sec. 209.403 Definitions.
Sec. 209.405 Effect of listing.
Sec. 209.405-1 Continuation of current contracts.
Sec. 209.405-2 Restrictions on subcontracting.
Sec. 209.406 Debarment.
Sec. 209.406-1 General.
Sec. 209.406-2 Causes for debarment.
Sec. 209.406-3 Procedures.
Sec. 209.407 Suspension.
Sec. 209.407-3 Procedures.
Sec. 209.409 Solicitation provision and contract clause.
Sec. 209.470 Reserve Officer Training Corps and military recruiting on
campus.
Sec. 209.470-1 Definition.
Sec. 209.470-2 Policy.
Sec. 209.470-3 Procedures.
Sec. 209.470-4 Contract clause.
Sec. 209.471 Congressional Medal of Honor.
[[Page 53]]
Subpart 209.5_Organizational and Consultant Conflicts of Interest
Sec. 209.570 Limitations on contractors acting as lead system
integrators.
Sec. 209.570-1 Definitions.
Sec. 209.570-2 Policy.
Sec. 209.570-3 Procedures.
Sec. 209.570-4 Solicitation provision and contract clause.
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
Source: 56 FR 36313, July 31, 1991, unless otherwise noted.
Subpart 209.1_Responsible Prospective Contractors
Sec. 209.101 Definitions.
``Entity controlled by a foreign government,'' ``foreign
government,'' and ``proscribed information,'' are defined in the
provision at 252.209-7002, Disclosure of Ownership or Control by a
Foreign Government.
[59 FR 51132, Oct. 7, 1994]
Sec. 209.104 Standards.
Sec. 209.104-1 General standards.
(e) For cost-reimbursement or incentive type contracts, or contracts
which provide for progress payments based on costs or on a percentage or
stage of completion, the prospective contractor's accounting system and
related internal controls must provide reasonable assurance that--
(i) Applicable laws and regulations are complied with;
(ii) The accounting system and cost data are reliable;
(iii) Risk of misallocations and mischarges are minimized; and
(iv) Contract allocations and charges are consistent with invoice
procedures.
(g)(i) Ownership or control by the government of a terrorist
country. (A) Under 10 U.S.C. 2327(b), a contracting officer shall not
award a contract of $100,000 or more to a firm or to a subsidiary of a
firm when a foreign government--
(1) Either directly or indirectly, has a significant interest--
(i) In the firm; or
(ii) In the subsidiary or the firm that owns the subsidiary; and
(2) Has been determined by the Secretary of State under 50 U.S.C.
App. 2405(j)(1)(A) to be a government of a country that has repeatedly
provided support for acts of international terrorism.
(B) The Secretary of Defense may waive the prohibition in paragraph
(g)(i)(A) of this subsection in accordance with 10 U.S.C. 2327(c). This
waiver authority may not be delegated.
(C) Forward any information indicating that a firm or a subsidiary
of a firm may be owned or controlled by the government of a terrorist
country, through agency channels, to: Deputy Director, Defense
Procurement (Contract Policy and International Contracting,
OUSD(AT&L)DPAP(CPIC)), 3060 Defense Pentagon, Washington, DC 20301-3060.
(ii) Ownership or control by a foreign government when access to
proscribed information is required to perform the contract. (A) Under 10
U.S.C. 2536(a), no DoD contract under a national security program may be
awarded to an entity controlled by a foreign government if that entity
requires access to proscribed information to perform the contract.
(B) Whenever the contracting officer has a question about
application of the provision at 252.209-7002, the contracting officer
may seek advice from the Director, Defense Security Programs, Office of
the Assistant Secretary of Defense for Command, Control, Communications
and Intelligence.
(C) In accordance with 10 U.S.C. 2536(b)(1)(A), the Secretary of
Defense may waive the prohibition in paragraph (g)(ii)(A) of this
subsection upon determining that the waiver is essential to the national
security interest of the United States. The Secretary has delegated
authority to grant this waiver to the Assistant Secretary of Defense
Command, Control, Communications and Intelligence. Waiver requests,
prepared by the requiring activity in coordination with the contracting
officer, shall be processed through the Director of Defense Procurement
and Acquisition Policy, Office of the Under Secretary of Defense
(Acquisition, Technology, and Logistics), and shall include a proposed
national interest determination. The proposed national interest
determination, prepared by the
[[Page 54]]
requiring activity in coordination with the contracting officer, shall
include:
(1) Identification of the proposed awardee, with a synopsis of its
foreign ownership (include solicitation and other reference numbers to
identify the action);
(2) General description of the acquisition and performance
requirements;
(3) Identification of the national security interests involved and
the ways award of the contract helps advance those interests;
(4) The availability of another entity with the capacity, capability
and technical expertise to satisfy defense acquisition, technology base,
or industrial base requirements; and
(5) A description of any alternate means available to satisfy the
requirement, e.g., use of substitute products or technology or alternate
approaches to accomplish the program objectives.
(D) In accordance with 10 U.S.C. 2536(b)(1)(B), the Secretary of
Defense may, in the case of a contract awarded for environmental
restoration, remediation, or waste management at a DoD facility, waive
the prohibition in paragraph (g)(ii)(A) of this subsection upon--
(1) Determining that--
(i) The waiver will advance the environmental restoration,
remediation, or waste management objectives of DoD and will not harm the
national security interests of the United States; and
(ii) The entity to which the contract is awarded is controlled by a
foreign government with which the Secretary is authorized to exchange
Restricted Data under section 144c. of the Atomic Energy Act of 1954 (42
U.S.C. 2164(c)); and
(2) Notifying Congress of the decision to grant the waiver. The
contract may be awarded only after the end of the 45-day period
beginning on the date the notification is received by the appropriate
Congressional committees.
[58 FR 28464, May 13, 1993, as amended at 59 FR 51131, 51132, Oct. 7,
1994; 60 FR 29497, June 5, 1995; 62 FR 34121, June 24, 1997; 63 FR
11851, Mar. 11, 1998; 63 FR 14837, Mar. 27, 1998; 65 FR 39704, June 27,
2000; 67 FR 4208, Jan. 29, 2002; 68 FR 7439, Feb. 14, 2003; 74 FR 2413,
Jan. 15, 2009]
Sec. 209.104-4 Subcontractor responsibility.
Generally, the Canadian Commercial Corporation's (CCC) proposal of a
firm as its subcontractor is sufficient basis for an affirmative
determination of responsibility. However, when the CCC determination of
responsibility is not consistent with other information available to the
contracting officer, the contracting officer shall request from CCC and
any other sources whatever additional information is necessary to make
the responsibility determination.
Sec. 209.104-70 Solicitation provisions.
(a) Use the provision at 252.209-7001, Disclosure of Ownership or
Control by the Government of a Terrorist Country, in all solicitations
expected to result in contracts of $100,000 or more. Any disclosure that
the government of a terrorist country has a significant interest in an
offeror or a subsidiary of an offeror shall be forwarded through the
head of the agency to the Director of Defense Procurement and
Acquisition Policy, ATTN: OUSD(AT&L)DPAP/(CPIC), 3060 Defense Pentagon,
Washington, DC 20101-3060.
(b) Use the provision at 252.209-7002, Disclosure of Ownership or
Control by a Foreign Government, in all solicitations, including those
subject to the procedures in FAR part 13, when access to proscribed
information is necessary to perform a DoD contract under a national
security program.
[58 FR 28464, May 13, 1993, as amended at 59 FR 51131, Oct. 7, 1994; 62
FR 34122, June 24, 1997; 63 FR 11851, Mar. 11, 1998; 63 FR 14837, Mar.
27, 1998; 65 FR 39704, June 27, 2000; 67 FR 4208, Jan. 29, 2002; 68 FR
7439, Feb. 14, 2003; 72 FR 30278, May 31, 2007]
Sec. 209.105-1 Obtaining information.
(1) For guidance on using the Excluded Parties List System, see PGI
209.105-1.
(2) A satisfactory performance record is a factor in determining
contractor responsibility (see FAR 9.104-1(c)). One source of
information relating to contractor performance is the Past Performance
Information Retrieval System (PPIRS), available at http://www.ppirs.gov.
Information relating to
[[Page 55]]
contract terminations for cause and for default is also available
through PPIRS (see PGI 212.403(c) and PGI 249.470). This termination
information is just one consideration in determining contractor
responsibility.
[74 FR 2415, Jan. 15, 2009]
Sec. 209.105-2 Determinations and documentation.
(a) The contracting officer shall submit a copy of a determination
of nonresponsibility to the appropriate debarring and suspending
official listed in 209.403.
[71 FR 62559, Oct. 26, 2006]
Sec. 209.106 Preaward surveys.
When requesting a preaward survey, follow the procedures at PGI
209.106.
[69 FR 65089, Nov. 10, 2004]
Subpart 209.2_Qualifications Requirements
Sec. 209.202 Policy.
(a)(1) Except for aviation or ship critical safety items, obtain
approval in accordance with PGI 209.202(a)(1) when establishing
qualification requirements. See 209.270 for approval of qualification
requirements for aviation or ship critical safety items.
[73 FR 1827, Jan. 10, 2008]
Sec. 209.270 Aviation and ship critical safety items.
Sec. 209.270-1 Scope.
This section--
(a) Implements--
(1) Section 802 of the National Defense Authorization Act for Fiscal
Year 2004 (Pub. L. 108-136); and
(2) Section 130 of the National Defense Authorization Act for Fiscal
Year 2007 (Pub. L. 109-364); and
(b) Prescribes policy and procedures for qualification requirements
in the procurement of aviation and ship critical safety items and the
modification, repair, and overhaul of those items.
[73 FR 1827, Jan. 10, 2008]
Sec. 209.270-2 Definitions.
As used in this section--
Aviation critical safety item means a part, an assembly,
installation equipment, launch equipment, recovery equipment, or support
equipment for an aircraft or aviation weapon system if the part,
assembly, or equipment contains a characteristic any failure,
malfunction, or absence of which could cause--
(1) A catastrophic or critical failure resulting in the loss of or
serious damage to the aircraft or weapon system;
(2) An unacceptable risk of personal injury or loss of life; or
(3) An uncommanded engine shutdown that jeopardizes safety.
Design control activity--(1) With respect to an aviation critical
safety item, means the systems command of a military department that is
specifically responsible for ensuring the air worthiness of an aviation
system or equipment in which an aviation critical safety item is to be
used; and
(2) With respect to a ship critical safety item, means the systems
command of a military department that is specifically responsible for
ensuring the seaworthiness of a ship or ship equipment in which a ship
critical safety item is to be used.
Ship critical safety item means any ship part, assembly, or support
equipment containing a characteristic the failure, malfunction, or
absence of which could cause--
(1) A catastrophic or critical failure resulting in loss of or
serious damage to the ship; or
(2) An unacceptable risk of personal injury or loss of life.
[69 FR 55988, Sept. 17, 2004, as amended at 73 FR 1827, Jan. 10, 2008]
Sec. 209.270-3 Policy.
(a) The head of the contracting activity responsible for procuring
an aviation or ship critical safety item may enter into a contract for
the procurement, modification, repair, or overhaul of such an item only
with a source approved by the head of the design control activity.
(b) The approval authorities specified in this section apply instead
of those otherwise specified in FAR 9.202(a)(1),
[[Page 56]]
9.202(c), or 9.206-1(c), for the procurement, modification, repair, and
overhaul of aviation or ship critical safety items.
[73 FR 1827, Jan. 10, 2008]
Sec. 209.270-4 Procedures.
(a) The head of the design control activity shall--
(1) Identify items that meet the criteria for designation as
aviation or ship critical safety items. See additional information at
PGI 209.270-4;
(2) Approve qualification requirements in accordance with procedures
established by the design control activity; and
(3) Qualify and identify aviation and ship critical safety item
suppliers and products.
(b) The contracting officer shall--
(1) Ensure that the head of the design control activity has
determined that a prospective contractor or its product meets or can
meet the established qualification standards before the date specified
for award of the contract;
(2) Refer any offers received from an unapproved source to the head
of the design control activity for approval. The head of the design
control activity will determine whether the offeror or its product meets
or can meet the established qualification standards before the date
specified for award of the contract; and
(3) Refer any requests for qualification to the design control
activity.
(c) See 246.407 (S-70) and 246.504 for quality assurance
requirements.
[69 FR 55988, Sept. 17, 2004, as amended at 70 FR 57190, Sept. 30, 2005;
73 FR 1827, Jan. 10, 2008]
Subpart 209.3 [Reserved]
Subpart 209.4_Debarment, Suspension, and Ineligibility
Sec. 209.402 Policy.
(d) The uniform suspension and debarment procedures to be followed
by all debarring and suspending officials are set out in appendix H to
this chapter.
(e) The department or agency shall provide a copy of the Debarment
and Suspension Procedures at DFARS appendix H to this chapter to
contractors at the time of their suspension or when they are proposed
for debarment, and upon request to other interested parties.
[59 FR 27668, May 27, 1994]
Sec. 209.403 Definitions.
Debarring and suspending official. (1) For DoD, the designees are--
Army--Commander, U.S. Army Legal Services Agency
Navy--The General Counsel of the Department of the Navy
Air Force--Deputy General Counsel (Contractor Responsibility)
Defense Advanced Research Projects Agency--The Director
Defense Information Systems Agency--The General Counsel
Defense Logistics Agency--The Special Assistant for Contracting
Integrity
National Geospatial-Intelligence Agency--The General Counsel
Defense Threat Reduction Agency--The Director
National Security Agency--The Senior Acquisition Executive
Missile Defense Agency--The General Counsel
Overseas installations--as designated by the agency head
(2) Overseas debarring and suspending officials--
(i) Are authorized to debar or suspend contractors located within
the official's geographic area of responsibility under any delegation of
authority they receive from their agency head.
(ii) Debar or suspend in accordance with the procedures in FAR
subpart 9.4 or under modified procedures approved by the agency head
based on consideration of the laws or customs of the foreign countries
concerned.
(iii) In addition to the bases for debarment in FAR 9.406-2, may
consider the following additional bases--
(A) The foreign country concerned determines that a contractor has
engaged in bid-rigging, price-fixing, or other anti-competitive
behavior; or
(B) The foreign country concerned declares the contractor to be
formally debarred, suspended, or otherwise ineligible to contract with
that foreign government or its instrumentalities.
(3) The Defense Logistics Agency Special Assistant for Contracting
Integrity is the exclusive representative
[[Page 57]]
of the Secretary of Defense to suspend and debar contractors from the
purchase of Federal personal property under the Federal Property
Management Regulations (41 CFR 101-45.6) and the Defense Materiel
Disposition Manual (DoD 4160.21-M).
[56 FR 36313, July 31, 1991, as amended at 56 FR 67212, Dec. 30, 1991;
59 FR 27669, May 27, 1994; 60 FR 61593, Nov. 30, 1995; 61 FR 50452,
Sept. 26, 1996; 63 FR 11528, Mar. 9, 1998; 64 FR 51075, Sept. 21, 1999;
64 FR 62985, Nov. 18, 1999; 68 FR 7439, Feb. 14, 2003; 70 FR 14573, Mar.
23, 2005; 74 FR 42780, Aug. 25, 2009]
Sec. 209.405 Effect of listing.
(a) Under 10 U.S.C. 2393(b), when a department or agency determines
that a compelling reason exists for it to conduct business with a
contractor that is debarred or suspended from procurement programs, it
must provide written notice of the determination to the General Services
Administration, Office of Acquisition Policy. Examples of compelling
Reasons are--
(i) Only a debarred or suspended contractor can provide the supplies
or services;
(ii) Urgency requires contracting with a debarred or suspended
contractor;
(iii) The contractor and a department or agency have an agreement
covering the same events that resulted in the debarment or suspension
and the agreement includes the department or agency decision not to
debar or suspend the contractor; or
(iv) The national defense requires continued business dealings with
the debarred or suspended contractor.
(b)(i) The Procurement Cause and Treatment Code ``H'' annotation in
the GSA List of Parties Excluded from Federal Procurement and
Nonprocurement Programs identifies contractor facilities where no part
of a contract or subcontract may be performed because of a violation of
the Clean Air Act (42 U.S.C. 7606) or the Clean Water Act (33 U.S.C.
1368).
(ii) Under the authority of Section 8 of Executive Order 11738, the
agency head may grant an exemption permitting award to a contractor
using a Code ``H'' ineligible facility if the agency head determines
that such an exemption is in the paramount interest of the United
States.
(A) The agency head may delegate this exemption authority to a level
no lower than a general or flag officer or a member of the Senior
Executive Service.
(B) The official granting the exemption--
(1) Shall promptly notify the Environmental Protection Agency
suspending and debarring official of the exemption and the corresponding
justification; and
(2) May grant a class exemption only after consulting with the
Environmental Protection Agency suspending and debarring official.
(C) Exemptions shall be for a period not to exceed one year. The
continuing necessity for each exemption shall be reviewed annually and,
upon the making of a new determination, may be extended for periods not
to exceed one year.
(D) All exemptions must be reported annually to the Environmental
Protection Agency suspending and debarring official.
(E) See PGI 209.405 for additional procedures and information.
[74 FR 2414, Jan. 15, 2009]
Sec. 209.405-1 Continuation of current contracts.
(b) Unless the agency head makes a written determination that a
compelling reason exists to do so, ordering activities shall not--
(i) Place orders exceeding the guaranteed minimum under indefinite
quantity contracts: or
(ii) When the agency is an optional user, place orders against
Federal Supply Schedule contracts.
(c) This includes exercise of options.
[60 FR 29497, June 5, 1995, as amended at 60 FR 61593, Nov. 30, 1995]
Sec. 209.405-2 Restrictions on subcontracting.
(a) The contracting officer shall not consent to any subcontract
with a firm, or a subsidiary of a firm, that is identified by the
Secretary of Defense as being owned or controlled by the government of a
terrorist country unless the agency head states in writing
[[Page 58]]
the compelling reasons for the subcontract.
[63 FR 14837, Mar. 27, 1998]
Sec. 209.406 Debarment.
Sec. 209.406-1 General.
(a)(i) When the debarring official decides that debarment is not
necessary, the official may require the contractor to enter into a
written agreement which includes--
(A) A requirement for the contractor to establish, if not already
established, and to maintain the standards of conduct and internal
control systems prescribed by subpart 203.70; and
(B) Other requirements the debarring official considers appropriate.
(ii) Before the debarring official decides not to suspend or debar
in the case of an indictment or conviction for a felony, the debarring
official must determine that the contractor has addressed adequately the
circumstances that gave rise to the misconduct, and that appropriate
standards of ethics and integrity are in place and are working.
[57 FR 14992, Apr. 23, 1992]
Sec. 209.406-2 Causes for debarment.
(1) Any person shall be considered for debarment if criminally
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States or its outlying areas that was not made in the United States or
its outlying areas (10 U.S.C. 2410f).
(i) The debarring official will make a determination concerning
debarment not later than 90 days after determining that a person has
been so convicted.
(ii) In cases where the debarring official decides not to debar, the
debarring official will report that decision to the Director of Defense
Procurement and Acquisition Policy who will notify Congress within 30
days after the decision is made.
(2) Any contractor that knowingly provides compensation to a former
DoD official in violation of Section 847 of the National Defense
Authorization Act for Fiscal Year 2008 (Pub. L. 110-181) may face
suspension and debarment proceedings in accordance with 41 U.S.C.
423(e)(3)(A)(iii).
[58 FR 28464, May 13, 1993, as amended at 68 FR 7439, Feb. 14, 2003; 70
FR 35544, June 21, 2005; 74 FR 2409, Jan. 15, 2009]
Sec. 209.406-3 Procedures.
Refer all matters appropriate for consideration by an agency
debarring and suspending official as soon as practicable to the
appropriate debarring and suspending official identified in 209.403. Any
person may refer a matter to the debarring and suspending official.
Follow the procedures at PGI 209.406-3.
[69 FR 74990, Dec. 15, 2004]
Sec. 209.407 Suspension.
Sec. 209.407-3 Procedures.
Refer all matters appropriate for consideration by an agency
debarring and suspending official as soon as practicable to the
appropriate debarring and suspending official identified in 209.403. Any
person may refer a matter to the debarring and suspending official.
Follow the procedures at PGI 209.407-3.
[69 FR 74990, Dec. 15, 2004]
Sec. 209.409 Solicitation provision and contract clause.
Use the clause at 252.209-7004, Subcontracting with Firms That Are
Owned or Controlled by the Government of a Terrorist Country, in
solicitations and contracts with a value of $100,000 or more.
[63 FR 14837, Mar. 27, 1998]
Sec. 209.470 Reserve Officer Training Corps and military recruiting on
campus.
Sec. 209.470-1 Definition.
Institution of higher education, as used in this section, means an
institution that meets the requirements of 20 U.S.C. 1001 and includes
all subelements of such an institution.
[65 FR 2056, Jan. 13, 2000]
[[Page 59]]
Sec. 209.470-2 Policy.
(a) Except as provided in paragraph (b) of this subsection, 10
U.S.C. 983 prohibits DoD from providing funds by contract or grant to an
institution of higher education if the Secretary of Defense determines
that the institution has a policy or practice that prohibits or in
effect prevents--
(1) The Secretary of a military department from maintaining,
establishing, or operating a unit of the Senior Reserve Officer Training
Corps (ROTC) at that institution;
(2) A student at that institution from enrolling in a unit of the
senior ROTC at another institution of higher education;
(3) The Secretary of a military department or the Secretary of
Transportation from gaining entry to campuses, or access to students on
campuses, for purposes of military recruiting; or
(4) Military recruiters from accessing certain information
pertaining to students enrolled at that institution.
(b) The prohibition in paragraph (a) of this subsection does not
apply to an institution of higher education if the Secretary of Defense
determines that--
(1) The institution has ceased the policy or practice described in
paragraph (a) of this subsection; or
(2) The institution has a long-standing policy of pacifism based on
historical religious affiliation.
[65 FR 2056, Jan. 13, 2000]
Sec. 209.470-3 Procedures.
If the Secretary of Defense determines that an institution of higher
education is ineligible to receive DoD funds because of a policy or
practice described in 209.470-2(a)--
(a) The Secretary of Defense will list the institution on the List
of Parties Excluded from Federal Procurement and Nonprocurement Programs
published by General Services Administration (also see FAR 9.404 and 32
CFR part 216); and
(b) DoD components--
(1) Shall not solicit offers from, award contracts to, or consent to
subcontracts with the institution;
(2) Shall make no further payments under existing contracts with the
institution; and
(3) Shall terminate existing contracts with the institution.
[65 FR 2057, Jan. 13, 2000, as amended at 67 FR 49254, July 30, 2002]
Sec. 209.470-4 Contract clause.
Use the clause at 252.209-7005, Reserve Officer Training Corps and
Military Recruiting on Campus, in all solicitations and contracts with
institutions of higher education.
[65 FR 2057, Jan. 13, 2000]
Sec. 209.471 Congressional Medal of Honor.
In accordance with Section 8118 of Pub. L. 105-262, do not award a
contract to, extend a contract with, or approve the award of a
subcontract to any entity that, within the preceding 15 years, has been
convicted under 18 U.S.C. 704 of the unlawful manufacture or sale of the
Congressional Medal of Honor. Any entity so convicted will be listed as
ineligible on the List of Parties Excluded from Federal Procurement and
Nonprocurement Programs published by the General Services
Administration.
[64 FR 31733, June 14, 1999]
Subpart 209.5_Organizational and Consultant Conflicts of Interest
Source: 73 FR 1824, Jan. 10, 2008, unless otherwise noted.
Sec. 209.570 Limitations on contractors acting as lead system
integrators.
Sec. 209.570-1 Definitions.
Lead system integrator, as used in this section, is defined in the
clause at 252.209-7007, Prohibited Financial Interests for Lead System
Integrators. See PGI 209.570-1 for additional information.
Sec. 209.570-2 Policy.
(a) Except as provided in paragraph (b) of this subsection, 10
U.S.C. 2410p prohibits any entity performing lead system integrator
functions in the acquisition of a major system by DoD from having any
direct financial interest in the development or construction of any
individual system or element of any system of systems.
[[Page 60]]
(b) The prohibition in paragraph (a) of this subsection does not
apply if--
(1) The Secretary of Defense certifies to the Committees on Armed
Services of the Senate and the House of Representatives that--
(i) The entity was selected by DoD as a contractor to develop or
construct the system or element concerned through the use of competitive
procedures; and
(ii) DoD took appropriate steps to prevent any organizational
conflict of interest in the selection process; or
(2) The entity was selected by a subcontractor to serve as a lower-
tier subcontractor, through a process over which the entity exercised no
control.
(c) In accordance with Section 802 of the National Defense
Authorization Act for Fiscal Year 2008 (Pub. L. 110-181), DoD may award
a new contract for lead system integrator functions in the acquisition
of a major system only if--
(1) The major system has not yet proceeded beyond low-rate initial
production; or
(2) The Secretary of Defense determines in writing that it would not
be practicable to carry out the acquisition without continuing to use a
contractor to perform lead system integrator functions and that doing so
is in the best interest of DoD. The authority to make this determination
may not be delegated below the level of the Under Secretary of Defense
for Acquisition, Technology, and Logistics. (Also see 209.570-3(b).)
(d) Effective October 1, 2010, DoD is prohibited from awarding a new
contract for lead system integrator functions in the acquisition of a
major system to any entity that was not performing lead system
integrator functions in the acquisition of the major system prior to
January 28, 2008.
[73 FR 1824, Jan. 10, 2008, as amended at 74 FR 34268, July 15, 2009]
Sec. 209.570-3 Procedures.
(a) In making a responsibility determination before awarding a
contract for the acquisition of a major system, the contracting officer
shall--
(1) Determine whether the prospective contractor meets the
definition of ``lead system integrator'';
(2) Consider all information regarding the prospective contractor's
direct financial interests in view of the prohibition at 209.570-2(a);
and
(3) Follow the procedures at PGI 209.570-3.
(b) A determination to use a contractor to perform lead system
integrator functions in accordance with 209.570-2(c)(2)--
(1) Shall specify the reasons why it would not be practicable to
carry out the acquisition without continuing to use a contractor to
perform lead system integrator functions, including a discussion of
alternatives, such as use of the DoD workforce or a system engineering
and technical assistance contractor;
(2) Shall include a plan for phasing out the use of contracted lead
system integrator functions over the shortest period of time consistent
with the interest of the national defense; and
(3) Shall be provided to the Committees on Armed Services of the
Senate and the House of Representatives at least 45 days before the
award of a contract pursuant to the determination.
[74 FR 34268, July 15, 2009]
Sec. 209.570-4 Solicitation provision and contract clause.
(a) Use the provision at 252.209-7006, Limitations on Contractors
Acting as Lead System Integrators, in solicitations for the acquisition
of a major system when the acquisition strategy envisions the use of a
lead system integrator.
(b) Use the clause at 252.209-7007, Prohibited Financial Interests
for Lead System Integrators--
(1) In solicitations that include the provision at 252.209-7006; and
(2) In contracts when the contractor will fill the role of a lead
system integrator for the acquisition of a major system.
PART 210_MARKET RESEARCH
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
Sec. 210.001 Policy.
(a) In addition to the requirements of FAR 10.001(a), agencies
shall--
[[Page 61]]
(i) Conduct market research appropriate to the circumstances
before--
(A) Soliciting offers for acquisitions that could lead to a
consolidation of contract requirements as defined in 207.170-2; or
(B) Issuing a solicitation with tiered evaluation of offers (Section
816 of Public Law 109-163); and
(ii) Use the results of market research to determine--
(A) Whether consolidation of contract requirements is necessary and
justified in accordance with Sec. 207.170-3; or
(B) Whether the criteria in FAR part 19 are met for setting aside
the acquisition for small business or, for a task or delivery order,
whether there are a sufficient number of qualified small business
concerns available to justify limiting competition under the terms of
the contract. If the contracting officer cannot determine whether the
criteria are met, the contracting officer shall include a written
explanation in the contract file as to why such a determination could
not be made (Section 816 of Public Law 109-163).
[71 FR 53043, Sept. 8, 2006]
PART 211_DESCRIBING AGENCY NEEDS
Sec.
Sec. 211.002 Policy.
Sec. 211.002-70 Contract clause.
Subpart 211.1_Selecting and Developing Requirements Documents
Sec. 211.105 Items peculiar to one manufacturer.
Sec. 211.107 Solicitation provision.
Subpart 211.2_Using and Maintaining Requirements Documents
Sec. 211.201 Identification and availability of specifications.
Sec. 211.204 Solicitation provisions and contract clauses.
Sec. 211.270 [Reserved]
Sec. 211.271 Elimination of use of class I ozone-depleting substances.
Sec. 211.272 Alternate preservation, packaging, and packing.
Sec. 211.273 Substitutions for military or Federal specifications and
standards.
Sec. 211.273-1 Definition.
Sec. 211.273-2 Policy.
Sec. 211.273-3 Procedures.
Sec. 211.273-4 Contract clause.
Sec. 211.274 Item identification and valuation requirements.
Sec. 211.274-1 General.
Sec. 211.274-2 Policy for unique item identification.
Sec. 211.274-3 Policy for valuation.
Sec. 211.274-4 Policy for reporting of Government-furnished equipment in
the DoD Item Unique Identification (IUID) Registry.
Sec. 211.274-5 Contract clauses.
Sec. 211.275 Radio frequency identification.
Sec. 211.275-1 Definitions.
Sec. 211.275-2 Policy.
Sec. 211.275-3 Contract clause.
Subpart 211.5_Liquidated Damages
Sec. 211.503 Contract clauses.
Subpart 211.6_Priorities and Allocations
Sec. 211.602 General.
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
Source: 60 FR 61594, Nov. 30, 1995, unless otherwise noted.
Sec. 211.002 Policy.
All defense technology and acquisition programs in DoD are subject
to the policies and procedures in DoDD 5000.1, The Defense Acquisition
System, and DoDI 5000.2, Operation of the Defense Acquisition System.
[71 FR 27641, May 12, 2006]
Sec. 211.002-70 Contract clause.
Use the clause at 252.211-7000, Acquisition Streamlining, in all
Subpart 211.1_Selecting and Developing Requirements Documents
Sec. 211.105 Items peculiar to one manufacturer.
Follow the publication requirements at PGI 211.105.
[70 FR 23804, May 5, 2005]
Sec. 211.107 Solicitation provision.
(b) DoD uses the categorical method of reporting. Do not use the
provision at FAR 52.211-7, Alternatives to Government-Unique Standards,
in DoD solicitations.
[65 FR 6553, Feb. 10, 2000]
[[Page 62]]
Subpart 211.2_Using and Maintaining Requirements Documents
Sec. 211.201 Identification and availability of specifications.
Follow the procedures at PGI 211.201 for use of specifications,
standards, and data item descriptions.
[71 FR 27641, May 12, 2006]
Sec. 211.204 Solicitation provisions and contract clauses.
(c) When contract performance requires use of specifications,
standards, and data item descriptions that are not listed in the
Acquisition Streamlining and Standardization Information System
database, use provisions, as appropriate, substantially the same as
those at--
(i) 252.211-7001, Availability of Specifications, Standards, and
Data Item Descriptions Not Listed in the Acquisition Streamlining and
Standardization Information System (ASSIST), and Plans, Drawings, and
Other Pertinent Documents; and
(ii) 252.211-7002, Availability for Examination of Specifications,
Standards, Plans, Drawings, Data Item Descriptions, and Other Pertinent
Documents.
[71 FR 27641, May 12, 2006]
Sec. 211.270 [Reserved]
Sec. 211.271 Elimination of use of class I ozone-depleting substances.
See subpart 223.8 for restrictions on contracting for ozone-
depleting substances.
[70 FR 73150, Dec. 9, 2005]
Sec. 211.272 Alternate preservation, packaging, and packing.
Use the provision at 252.211-7004, Alternate Preservation,
Packaging, and Packing, in solicitations which include military
preservation, packaging, or packing specifications when it is feasible
to evaluate and award using commercial or industrial preservation,
packaging, or packing.
Sec. 211.273 Substitutions for military or Federal specifications and
standards.
Sec. 211.273-1 Definition.
SPI process, as used in this section, is defined in the clause at
252.211-7005, Substitutions for Military or Federal Specifications and
Standards.
[62 FR 44224, Aug. 20, 1997]
Sec. 211.273-2 Policy.
(a) Under the Single Process Initiative (SPI), DoD accepts SPI
processes in lieu of specific military or Federal specifications or
standards that specify a management or manufacturing process.
(b) DoD acceptance of an SPI process follows the decision of a
Management Council, which includes representatives of the contractor,
the Defense Contract Management Agency, the Defense Contract Audit
Agency, and the military departments.
(c) In procurements of previously developed items, SPI processes
that previously were accepted by the Management Council shall be
considered valid replacements for military or Federal specifications or
standards, absent a specific determination to the contrary.
[62 FR 44224, Aug. 20, 1997, as amended at 64 FR 14399, Mar. 25, 1999;
65 FR 52952, Aug. 31, 2000; 71 FR 27641, May 12, 2006]
Sec. 211.273-3 Procedures.
Follow the procedures at PGI 211.273-3 for encouraging the use of
SPI processes instead of military or Federal specifications and
standards.
[71 FR 27641, May 12, 2006]
Sec. 211.273-4 Contract clause.
Use the clause at 252.211-7005, Substitutions for Military or
Federal Specifications and Standards, in solicitations and contracts
exceeding the micro-purchase threshold, when procuring previously
developed items.
[62 FR 44224, Aug. 20, 1997]
[[Page 63]]
Sec. 211.274 Item identification and valuation requirements.
Sec. 211.274-1 General.
Unique item identification and valuation is a system of marking and
valuing items delivered to DoD that will enhance logistics, contracting,
and financial business transactions supporting the United States and
coalition troops. Through unique item identification policy, which
capitalizes on leading practices and embraces open standards, DoD can--
(a) Achieve lower life-cycle cost of item management and improve
life-cycle property management;
(b) Improve operational readiness;
(c) Provide reliable accountability of property and asset visibility
throughout the life cycle; and
(d) Reduce the burden on the workforce through increased
productivity and efficiency.
[70 FR 20836, Apr. 22, 2005]
Sec. 211.274-2 Policy for unique item identification.
(a) It is DoD policy that DoD unique item identification, or a DoD
recognized unique identification equivalent, is required for-
(1) All delivered items for which the Government's unit acquisition
cost is $5,000 or more;
(2) Items for which the Government's unit acquisition cost is less
than $5,000, when identified by the requiring activity as serially
managed, mission essential, or controlled inventory;
(3) Items for which the Government's unit acquisition cost is less
than $5,000, when the requiring activity determines that permanent
identification is required; and
(4) Regardless of value--
(i) Any DoD serially managed subassembly, component, or part
embedded within a delivered item; and
(ii) The parent item (as defined in 252.211-7003(a)) that contains
the embedded subassembly, component, or part.
(b) Exceptions. The Contractor will not be required to provide DoD
unique item identification if--
(1) The items, as determined by the head of the agency, are to be
used to support a contingency operation or to facilitate defense against
or recovery from nuclear, biological, chemical, or radiological attack;
or
(2) A determination and findings has been executed concluding that
it is more cost effective for the Government requiring activity to
assign, mark, and register the unique item identification after delivery
of an item acquired from a small business concern or a commercial item
acquired under FAR Part 12 or Part 8.
(i) The determination and findings shall be executed by--
(A) The Component Acquisition Executive for an acquisition category
(ACAT) I program; or
(B) The head of the contracting activity for all other programs.
(ii) The DoD Unique Item Identification Program Office must receive
a copy of the determination and findings required by paragraph (b)(2)(i)
of this subsection. Send the copy to DPAP, SPEC ASST, 3060 Defense
Pentagon, 3E1044, Washington, DC 20301-3060; or by facsimile to (703)
695-7596.
[70 FR 20836, Apr. 22, 2005]
Sec. 211.274-3 Policy for valuation.
(a) It is DoD policy that contractors shall be required to identify
the Government's unit acquisition cost (as defined in 252.211-7003(a))
for all items delivered, even if none of the criteria for placing a
unique item identification mark applies.
(b) The Government's unit acquisition cost is--
(1) For fixed-price type line, subline, or exhibit line items, the
unit price identified in the contract at the time of delivery;
(2) For cost-type or undefinitized line, subline, or exhibit line
items, the contractor's estimated fully burdened unit cost to the
Government at the time of delivery; and
(3) For items delivered under a time-and-materials contract, the
contractor's estimated fully burdened unit cost to the Government at the
time of delivery.
(c) The Government's unit acquisition cost of subassemblies,
components, and parts embedded in delivered items need not be separately
identified.
[70 FR 20836, Apr. 22, 2005]
[[Page 64]]
Sec. 211.274-4 Policy for reporting of Government-furnished equipment
in the DoD Item Unique Identification (IUID) Registry.
It is DoD policy that Government-furnished equipment be recorded in
the DoD IUID Registry, except for--
(a) Items with an acquisition cost of less than $5,000 that are not
identified as serially managed, mission essential, sensitive, or
controlled inventory, unless the terms and conditions of the contract
state otherwise;
(b) Government-furnished material;
(c) Reparables;
(d) Contractor-acquired property as defined in FAR Part 45;
(e) Property under any statutory leasing authority;
(f) Property to which the Government has acquired a lien or title
solely because of partial, advance, progress, or performance-based
payments;
(g) Intellectual property or software; and
(h) Real property.
[73 FR 70908, Nov. 24, 2008]
Sec. 211.274-5 Contract clauses.
(a)(1) Use the clause at 252.211-7003, Item Identification and
Valuation, in solicitations and contracts that--
(i) Require item identification or valuation, or both, in accordance
with 211.274-2 and 211.274-3; or
(ii) Contain the clause at 252.211-7007.
(2) Complete paragraph (c)(1)(ii) of the clause with the contract
line, subline, or exhibit line item number and description of any
item(s) below $5,000 in unit acquisition cost for which DoD unique item
identification or a DoD recognized unique identification equivalent is
required in accordance with 211.274-2(a)(2) or (3).
(3) Complete paragraph (c)(1)(iii) of the clause with the applicable
attachment number, when DoD unique item identification or a DoD
recognized unique identification equivalent is required in accordance
with 211.274-2(a)(4) for DoD serially managed subassemblies, components,
or parts embedded within deliverable items.
(4) Use the clause with its Alternate I if--
(i) An exception in 211.274-2(b) applies; or
(ii) Items are to be delivered to the Government and none of the
criteria for placing a unique item identification mark applies.
(b)(1) Use the clause at 252.211-7007, Reporting of Government-
Furnished Equipment in the DoD Item Unique Identification (IUID)
Registry, in solicitations and contracts that contain the clause at--
(i) FAR 52.245-1, Government Property; or
(ii) FAR 52.245-2, Government Property Installation Operation
Services.
(2) Complete paragraph (b)(2)(ii) of the clause as applicable.
[72 FR 52298, Sept. 13, 2007, as amended at 73 FR 70908, Nov. 24, 2008]
Sec. 211.275 Radio frequency identification.
Sec. 211.275-1 Definitions.
Bulk commodities, case, palletized unit load, passive RFID tag, and
radio frequency identification are defined in the clause at 252.211-
7006, Radio Frequency Identification.
[70 FR 53968, Sept. 13, 2005]
Sec. 211.275-2 Policy.
(a) Except as provided in paragraph (b) of this subsection, radio
frequency identification (RFID), in the form of a passive RFID tag, is
required for individual cases and palletized unit loads that--
(1) Contain items in any of the following classes of supply, as
defined in DoD 4140.1-R, DoD Supply Chain Materiel Management
Regulation, AP1.1.11:
(i) Subclass of Class I--Packaged operational rations.
(ii) Class II--Clothing, individual equipment, tentage,
organizational tool kits, hand tools, and administrative and
housekeeping supplies and equipment.
(iii) Class IIIP--Packaged petroleum, lubricants, oils,
preservatives, chemicals, and additives.
(iv) Class IV--Construction and barrier materials.
(v) Class VI--Personal demand items (non-military sales items).
(vi) Subclass of Class VIII--Medical materials (excluding
pharmaceuticals, biologicals, and reagents--suppliers
[[Page 65]]
should limit the mixing of excluded and non-excluded materials).
(vii) Class IX--Repair parts and components including kits,
assemblies and subassemblies, reparable and consumable items required
for maintenance support of all equipment, excluding medical-peculiar
repair parts; and
(2) Will be shipped to one of the following locations:
(i) Defense Distribution Depot, Susquehanna, PA: DoDAAC W25G1U or
SW3124.
(ii) Defense Distribution Depot, San Joaquin, CA: DoDAAC W62G2T or
SW3224.
(iii) Defense Distribution Depot, Albany, GA: DoDAAC SW3121.
(iv) Defense Distribution Depot, Anniston, AL: DoDAAC W31G1Z or
SW3120.
(v) Defense Distribution Depot, Barstow, CA: DoDAAC SW3215.
(vi) Defense Distribution Depot, Cherry Point, NC: DoDAAC SW3113.
(vii) Defense Distribution Depot, Columbus, OH: DoDAAC SW0700.
(viii) Defense Distribution Depot, Corpus Christi, TX: DoDAAC W45H08
or SW3222.
(ix) Defense Distribution Depot, Hill, UT: DoDAAC SW3210.
(x) Defense Distribution Depot, Jacksonville, FL: DoDAAC SW3122.
(xi) Defense Distribution Depot, Oklahoma City, OK: DoDAAC SW3211.
(xii) Defense Distribution Depot, Norfolk, VA: DoDAAC SW3117.
(xiii) Defense Distribution Depot, Puget Sound, WA: DoDAAC SW3216.
(xiv) Defense Distribution Depot, Red River, TX: DoDAAC W45G19 or
SW3227.
(xv) Defense Distribution Depot, Richmond, VA: DoDAAC SW0400.
(xvi) Defense Distribution Depot, San Diego, CA: DoDAAC SW3218.
(xvii) Defense Distribution Depot, Tobyhanna, PA: DoDAAC W25G1W or
SW3114.
(xviii) Defense Distribution Depot, Warner Robins, GA: DoDAAC
SW3119.
(xix) Air Mobility Command Terminal, Charleston Air Force Base,
Charleston, SC: Air Terminal Identifier Code CHS.
(xx) Air Mobility Command Terminal, Naval Air Station, Norfolk, VA:
Air Terminal Identifier Code NGU.
(xxi) Air Mobility Command Terminal, Travis Air Force Base,
Fairfield, CA: Air Terminal Identifier Code SUU.
(xxii) A location outside the contiguous United States when the
shipment has been assigned Transportation Priority 1.
(b) The following are excluded from the requirements of paragraph
(a) of this subsection:
(1) Shipments of bulk commodities.
(2) Shipments to locations other than Defense Distribution Depots
when the contract includes the clause at FAR 52.213-1, Fast Payment
Procedures.
[72 FR 6483, Feb. 12, 2007]
Sec. 211.275-3 Contract clause.
Use the clause at 252.211-7006, Radio Frequency Identification, in
solicitations and contracts that will require shipment of items meeting
the criteria at 211.275-2.
[70 FR 53968, Sept. 13, 2005]
Subpart 211.5_Liquidated Damages
Sec. 211.503 Contract clauses.
(b) Use the clause at FAR 52.211-12, Liquidated Damages--
Construction, in all construction contracts exceeding $550,000, except
cost-plus-fixed-fee contracts or contracts where the contractor cannot
control the pace of the work. Use of the clause in contracts of $550,000
or less is optional.
[60 FR 61594, Nov. 30, 1995. Redesignated at 66 FR 49861, Oct. 1, 2001;
71 FR 75892, Dec. 19, 2006]
Subpart 211.6_Priorities and Allocations
Sec. 211.602 General.
DoD implementation of the Defense Priorities and Allocations System
is in DoDD 4400.1, Defense Production Act Programs.
[64 FR 51075, Sept. 21, 1999]
[[Page 66]]
PART 212_ACQUISITION OF COMMERCIAL ITEMS
Subpart 212.1_Acquisition of Commercial Items_General
Sec.
Sec. 212.102 Applicability.
Subpart 212.2_Special Requirements for the Acquisition of Commercial
Items
Sec. 212.207 Contract type.
Sec. 212.211 Technical data.
Sec. 212.212 Computer software.
Sec. 212.270 Major weapon systems as commercial items.
Subpart 212.3_Solicitation Provisions and Contract Clauses for the
Acquisition of Commercial Items
Sec. 212.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
Sec. 212.302 Tailoring of provisions and clauses for the acquisition of
commercial items.
Subpart 212.5_Applicability of Certain Laws to the Acquisition of
Commercial Items
Sec. 212.503 Applicability of certain laws to Executive agency contracts
for the acquisition of commercial items.
Sec. 212.504 Applicability of certain laws to subcontracts for the
acquisition of commercial items.
Sec. 212.570 Applicability of certain laws to contracts and subcontracts
for the acquisition of commercially available off-the-shelf
items.
Subpart 212.6_Streamlined Procedures for Evaluation and Solicitation for
Commercial Items
Sec. 212.602 Streamlined evaluation of offers.
Subpart 212.70_Pilot Program for Transition to Follow-On Contracting
After Use of Other Transaction Authority
Sec. 212.7000 Scope.
Sec. 212.7001 Definitions.
Sec. 212.7002 Pilot program.
Sec. 212.7002-1 Contracts under the program.
Sec. 212.7002-2 Subcontracts under the program.
Sec. 212.7003 Technical data and computer software.
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
Source: 60 FR 61595, Nov. 30, 1995, unless otherwise noted.
Subpart 212.1_Acquisition of Commercial Items_General
Source: 73 FR 4114, Jan. 24, 2008, unless otherwise noted.