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DCN20011101
DFARS CHANGE NOTICE 20011101
Overseas Use of the Purchase Card in Contingency, Humanitarian, or Peacekeeping Operations
DFARS Case 2000-D019
Final Rule
DEPARTMENT OF DEFENSE
48 CFR Part 213
Defense Federal Acquisition Regulation Supplement; Overseas Use of the Purchase Card in Contingency, Humanitarian, or Peacekeeping Operations
AGENCY: Department of Defense (DoD).
ACTION: Final rule.
SUMMARY: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to permit contracting officers supporting an overseas contingency, humanitarian, or peacekeeping operation to use the Governmentwide commercial purchase
card on a stand-alone basis for purchases valued at or below the simplified acquisition threshold. Use of the purchase card streamlines purchasing and payment procedures and, therefore, increases operational efficiency.
EFFECTIVE DATE: November 1, 2001.
FOR FURTHER INFORMATION CONTACT: Ms. Angelena Moy, Defense Acquisition
Regulations Council, OUSD(AT&L)DP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-1302; facsimile (703) 602-0350.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule amends the policy at DFARS 213.301 to permit contracting officers supporting a contingency operation, as defined in 10 U.S.C. 101(a)(13), or a humanitarian or peacekeeping operation, as defined in 10 U.S.C. 2302(8), to use the Governmentwide commercial purchase card on a stand-alone basis for purchases valued at or below the simplified acquisition threshold. In accordance with FAR 2.101, the simplified acquisition threshold for contingency, humanitarian, or peacekeeping operations is $200,000.
Use of the purchase card at the $200,000 threshold is subject to the existing conditions at DFARS 213.301 and the following additional conditions: (1) The supplies or services must be immediately available; and (2) Only one delivery and one payment will be made. These
additional conditions are similar to those placed on use of the Standard Form 44, Purchase Order-Invoice-Voucher, in accordance with FAR 13.306 and DFARS 213.306.
DoD published a proposed rule at 65 FR 56858 on September 20, 2000. DoD received no comments on the proposed rule. DoD has adopted the proposed rule as a final rule without change. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD certifies that this final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule applies only to purchases that are made outside the United States for use outside the United States in support of contingency, humanitarian, or peacekeeping operations.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 213
Government procurement. Michele P. Peterson, Executive Editor, Defense Acquisition Regulations Council.
Therefore, 48 CFR Part 213 is amended as follows:
1. The authority citation for 48 CFR Part 213 continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 213-SIMPLIFIED ACQUISITION PROCEDURES
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213.301 Governmentwide commercial purchase card.
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[(3) A contracting officer supporting a contingency operation as defined in 10 U.S.C. 101(a)(13) or a humanitarian or peacekeeping operation as defined in 10 U.S.C. 2302(8) also may use the Governmentwide commercial purchase card to make a purchase that exceeds the micro-purchase threshold but does not exceed the simplified acquisition threshold, if--
(i) The supplies or services being purchased are immediately available;
* * * * *
Acquisition of Commercial Items
DFARS Case 1995-D712
Final Rule
DEPARTMENT OF DEFENSE
48 CFR Parts 212 and 252
Defense Federal Acquisition Regulation Supplement; Acquisition ofCommercial Items
AGENCY: Department of Defense (DoD).
ACTION: Final rule.
SUMMARY: DoD has issued a final rule amending Defense FederalAcquisition Regulation Supplement (DFARS) policy pertaining to the acquisition of commercial items. The rule updates the lists of clauses included in contracts for commercial items to implement statutory requirements.
EFFECTIVE DATE: November 1, 2001.
FOR FURTHER INFORMATION CONTACT: Ms. Angelena Moy,Defense Acquisition
Regulations Council, OUSD(AT&L)DP(DAR),IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-1302; facsimile (703) 602-0350.
SUPPLEMENTARY INFORMATION:
A. Background
This rule finalizes the interim rule published as Item XXXV of Defense Acquisition Circular 91-9 on November 30, 1995 (60 FR 61586). The interim rule amended the DFARS to conform to FAR changes that implemented Title VIII of the Federal Acquisition Streamlining Act of 1994 (Public Law 103-355) pertaining to the acquisition of commercial items. The interim rule also added DoD-unique requirements pertaining to the acquisition of commercial items.
The final rule differs from the interim rule in that it adds the following to the lists of provisions and clauses that must be included in solicitations and contracts to implement statutory requirements:
FAR 52.203-3, Gratuities (10 U.S.C. 2207).
DFARS 252.209-7001, Disclosure of Ownership or Control by the Government of a Terrorist Country (10 U.S.C. 2327).
DFARS 252.219-7004, Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan (Test Program) (15 U.S.C. 637 note).
In addition, the final rule adds dates to the contract clauses listed in 252.212-7001, to clarify which version of each clause applies to a contract. Ten sources submitted comments on the interim rule. DoD considered all comments in the development of the final rule.
This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD has prepared a final regulatory flexibility analysis. Interested parties may obtain a copy of the analysis from the point of contact specified herein. The analysis is summarized as follows:
This rule finalizes an interim DFARS rule published on November 30, 1995. The rule implements provisions of the Federal Acquisition Streamlining Act of 1994 and supplements FAR policy pertaining to the acquisition of commercial items. The objective of the FAR and DFARS policy is to streamline procedures for the acquisition of commercial items. DoD received no comments in response to the initial regulatory flexibility analysis. The rule applies to all small entities that are interested in selling commercial items to DoD. Based on data collected
by DoD's Washington Headquarters Services, in Fiscal Year 2000, DoD awarded approximately 11,437 contracts totaling $2.2 billion to small business concerns using the streamlined procedures in the interim rule. There are no significant alternatives to the rule that would accomplish the stated objectives.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 212 and 252
Government procurement. Michele P. Peterson, Executive Editor, Defense Acquisition Regulations Council.
Therefore, 48 CFR parts 212 and 252 are amended as follows:
1. The authority citation for 48 CFR Parts 212 and 252 continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
2. Section 212.301 is amended as follows:
a. In paragraph (f)(iii), by removing ``paragraph (a)'' and adding in its place ``paragraphs (a) and (b)'';
b. By redesignating paragraphs (f)(v) and (f)(vi) as paragraphs (f)(vi) and (f)(vii), respectively; and
c. By adding a new paragraph (f)(v) to read as follows:
PART 212-ACQUISITION OF COMMERCIAL ITEMS
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212.301 Solicitation provisions and contract clauses for the acquisition of commercial items.
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(f) * * *
(iii) Use the clause at 252.212-7001, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items, in all solicitations and contracts for commercial items, completing paragraph[s] (a) [and (b)], as appropriate.
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[(v) Use the provision at 252.209-7001, Disclosure of Ownership or Control by the Government of a Terrorist Country, as prescribed in 209.104-70(a).
(vi)](v) Use the provision at 252.225-7017, Prohibition on Award to Companies Owned by the People's Republic of China, as prescribed in 225.771.
(vi[vii]) Use the clause at 252.232-7009, Mandatory Payment by Governmentwide Commercial Purchase Card, as prescribed in 232.1110.
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PART 252-SOLICITATION PROVISIONS AND CONTRACT CLAUSES
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252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items.
As prescribed in 212.301(f)(iii), use the following clause:
CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (DEC 2000 [NOV 2001])
[(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components.
(a[b]) The Contractor agrees to comply with any clause that is checked on the following list of DFARS [Defense FAR Supplement] clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.
(b[c]) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (F[AR]ederal Acquisition Regulation 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:
252.225-7014 |
Preference for Domestic Specialty Metals, Alternate I [(MAR 1998)] (10 U.S.C. 2241 note). |
252.247-7023 |
Transportation of Supplies by Sea [(MAR 2000)] (10 U.S.C. 2631). |
252.247-7024 |
Notification of Transportation of Supplies by Sea [(MAR 2000)] (10 U.S.C. 2631). |
(End of clause)
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Technical Amendments
Final Rule
DEPARTMENT OF DEFENSE
48 CFR Parts 204, 207, 252, 253, and Appendix G to Chapter 2
Defense Federal Acquisition Regulation Supplement; Technical Amendments
AGENCY: Department of Defense (DoD).
ACTION: Final rule.
SUMMARY: DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement to update activity names and addresses, reference numbers, and terminology.
EFFECTIVE DATE: November 1, 2001.
FOR FURTHER INFORMATION CONTACT: Ms. Michele Peterson, Defense Acquisition Regulations Council, OUSD(AT&L)DP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0311; facsimile (703) 602-0350.
List of Subjects in 48 CFR Parts 204, 207, 252, and 253
Government procurement. Michele P. Peterson, Executive Editor, Defense Acquisition Regulations Council.
Therefore, 48 CFR Parts 204, 207, 252, 253, and Appendix G to Chapter 2 are amended as follows:
1. The authority citation for 48 CFR parts 204, 207, 252, 253, and Appendix G to subchapter I continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 204--ADMINISTRATIVE MATTERS
204.7303 [Amended]
2. Section 204.7303 is amended in paragraph (a)(2), in the last sentence, by removing http://www.ccr2000.com and adding in its place http://www.ccr.gov.
PART 204-ADMINISTRATIVE MATTERS
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204.7303 Procedures.
(a) * * *
(2) * * * The contracting officer may verify registration using the DUNS number or, if applicable, the DUNS+4 number, by calling toll-free: 1-888-227-2423, commercial: (616) 961-5757, or DSN: 932-5757; via the Internet at http://www.ccr2000.com[.gov]; or as otherwise provided by agency procedures.
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PART 207-ACQUISITION PLANNING
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207.471 Funding requirements.
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(b) DoD leases are either capital leases or operating leases. The difference between the two types of leases is described in FMR 7000.14-R, Volume 4, Chapter 7, Section 070308[207].
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PART 252-SOLICITATION PROVISIONS AND CONTRACT CLAUSES
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252.204-7004 Required Central Contractor Registration.
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REQUIRED CENTRAL CONTRACTOR REGISTRATION (MAR 2000 [NOV 2001])
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(d) Offerors and contractors may obtain information on registration and annual confirmation requirements by calling 1-888-227-2423, or via the Internet at http://www.ccr2000.com[.gov].
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252.204-7005 Oral Attestation of Security Responsibilities.
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ORAL ATTESTATION OF SECURITY RESPONSIBILITIES (AUG 1999 [NOV 2001])
(a) Contractor employees cleared for access to Top Secret (TS), Special Access Program (SAP), or Special [Sensitive] Compartmented Information (SCI) shall attest orally that they will conform to the conditions and responsibilities imposed by law or regulation on those granted access. * * *
* * * * *
PART 253-FORMS
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253.204-70 DD Form 350, Individual Contracting Action Report.
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(e) * * *
(4) LINE E4, REQUESTING ACTIVITY CODE. * * * DoDAACs can be found at: http[s]://daynt6c.daas.dla.mil/dodaac/dodaac.htm. * * *
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APPENDIX G-ACTIVITY ADDRESS NUMBERS
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PART 3-NAVY ACTIVITY ADDRESS NUMBERS
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N00189 Commanding Officer
FK, H3 Fleet and Industrial Supply Center
[J3] 1968 Gilbert Street, Suite 600
Norfolk, VA 23511-3392
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[N49400 Officer-in-Charge
3G Naval Regional Contracting Center
N49420 Officer-in-Charge
3R Naval Regional Contracting Center
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[N63273 Commanding Officer
4S Combat Direction Systems Activity
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[N68558 Officer-in-Charge
3H Naval Regional Contracting Center
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