DCN 19981215

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DEPARTMENT OF DEFENSE

48 CFR Part 204

[DFARS Case 98-D010]

Defense Federal Acquisition Regulation Supplement; E-Mail/

Internet Addresses on Contracts and Modifications

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: The Director of Defense Procurement has issued a final rule

amending the Defense Federal Acquisition Regulation Supplement (DFARS)

to specify that contracting officers must include an e-mail/Internet

address, when available, on contracts and modifications.

EFFECTIVE DATE: December 15, 1998.

FOR FURTHER INFORMATION CONTACT:

Ms. Melissa Rider, Defense Acquisition Regulations Council, PDUSD (A&T)

DP (DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062.

Telephone (703) 602-0131; telefax (703) 602-0350. Please cite DFARS

Case 98-D010.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule amends DFARS 204.101 to add the contracting

officer's e-mail/Internet address to the information included on

contracts and modifications.

B. Regulatory Flexibility Act

The final rule does not constitute a significant revision within

the meaning of FAR 1.501 and Public Law 98-577 and publication for

public comment is not required. However, comments from small entities

concerning the affected DFARS subpart will be considered in accordance

with 5 U.S.C. 610. Such comments should cite DFARS Case 98-D010.

C. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the final rule

does not impose any information collection requirements that require

the approval of the Office of Management and Budget under 44 U.S.C.

3501, et seq.

List of Subjects in 48 CFR Part 204

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition Regulations Council.

Therefore, 48 CFR Part 204 is amended as follows:

DFARS Case 98-D010

E-mail/Internet Addresses on Contracts and Modifications

Final Rule

PART 204--ADMINISTRATIVE MATTERS

* * * * *

SUBPART 204.1-CONTRACT EXECUTION

* * * * *

204.101 Contracting officer's signature.

(a)(i) Include the contracting officer's telephone number [and, when available, e-mail/Internet address] on contracts and modifications.

* * * * *

================================================================

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DEPARTMENT OF DEFENSE

48 CFR Parts 228 and 252

[DFARS Case 98-D002]

Defense Federal Acquisition Regulation Supplement; Compliance

with Spanish Laws and Insurance

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: The Director of Defense Procurement has issued a final rule

amending the Defense Federal Acquisition Regulation Supplement (DFARS)

to clarify requirements for use of a clause pertaining to compliance

with Spanish laws and insurance under contracts for services or

construction to be performed in Spain.

EFFECTIVE DATE: December 15, 1998.

FOR FURTHER INFORMATION CONTACT:

Ms. Amy Williams, Defense Acquisition Regulations Council, PDUSD (A&T)

DP (DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062.

Telephone (703) 602-0131; telefax (703) 602-0350. Please cite DFARS

Case 98-D002.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule amends DFARS 228.370 to clarify the prescription

for use of the clause at 252.228-7006, Compliance with Spanish Laws and

Insurance. The rule also amends the clause at 252.228-7006 to clarify

that the requirements of the clause apply only if the contractor is not

a Spanish concern; and that the requirements of the clause apply to

subcontracts with non-Spanish concerns that will perform work in Spain

under the contract.

A proposed rule with request for comments was published in the

Federal Register on March 27, 1998 (63 FR 14885). No comments were

received. The proposed rule is adopted as a final rule without change.

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 is a clarification of existing requirements and

applies only to contracts for services or construction to be performed

in Spain.

C. Paperwork Reduction Act

The existing information collection requirements of the clause at

DFARS 252.228-7006 have been approved by the Office of Management and

Budget (OMB) under OMB Control Number 0704-0216 for use through May 31,

2001. The rule is not expected to result in a change in the estimated

burden hours.

List of Subjects in 48 CFR Parts 228 and 252

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition Regulations Council.

Therefore, 48 CFR Parts 228 and 252 are amended as follows:

DFARS Case 98-D002

Compliance with Spanish Laws and Insurance

Final Rule

* * * * *

SUBPART 228.3-INSURANCE

* * * * *

228.370 Additional clauses.

* * * * *

(f) Use the clause at 252.228-7006, Compliance with Spanish Laws and Insurance, in solicitations and contracts for services or construction to be performed in Spain by other than a Spanish contractor or subcontractor[, unless the Contractor is a Spanish concern].

* * * * *

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

* * * * *

252.228-7006 Compliance with Spanish Laws and Insurance.

As prescribed at 228.370(f), use the following clause:

COMPLIANCE WITH SPANISH LAWS AND INSURANCE (JUN 1997[DATE])

[(a) The requirements of this clause apply only if the Contractor is not a Spanish concern.]

(a[b]) * * *

(b[c]) * * *

(c[d]) * * *

(d[e]) The Contractor shall provide the Contracting Officer with a similar representation for all subcontractors [with non-Spanish concerns] that will perform work [in Spain] under this contract.

(e[f]) * * *

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DEPARTMENT OF DEFENSE

48 CFR Part 232

[DFARS Case 98-D001]

Defense Federal Acquisition Regulation Supplement; Electronic

Signature of Receiving Reports

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: The Director of Defense Procurement has issued a final rule

amending the Defense Federal Acquisition Regulation Supplement (DFARS)

to clarify that DoD contract administration procedures permit

electronic notification to the payment office of Government acceptance

or approval of supplies or services.

EFFECTIVE DATE: December 15, 1998.

FOR FURTHER INFORMATION CONTACT:

Ms. Sandra Haberlin, Defense Acquisition Regulations Council,

PDUSD(A&T)DP(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC

20301-3062. Telephone (703) 602-0131; telefax (703) 602-0350. Please

cite DFARS Case 98-D001.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule amends DFARS 232.905 to clarify that DoD Manual

4000.25-5-M, Military Standard Contract Administration Procedures

(MILSCAP), authorizes electronic notification to the payment office of

Government acceptance or approval of supplies delivered or services

performed under a contract.

B. Regulatory Flexibility Act

The final rule does not constitute a significant revision within

the meaning of FAR 1.501 and Public Law 98-577 and publication for

public comment is not required. However, comments from small entities

concerning the affected DFARS subpart will be considered in accordance

with 5 U.S.C. 610. Such comments should cite DFARS Case 98-D001.

C. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the final rule

does not impose any information collection requirements that require

the approval of the Office of Management and Budget under 44 U.S.C.

3501, et seq.

List of Subjects in 48 CFR Part 232

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition Regulations Council.

Therefore, 48 CFR Part 232 is amended as follows:

Electronic Signature of Receiving Reports

DFARS Case 98-D001

Final Rule

Part 232-Contract Financing

* * * * *

SUBPART 232.9-PROMPT PAYMENT

* * * * *

232.905 Invoice payments.

* * * * *

(f)(6) DoD Manual 4000.25-5-M, Military Standard Contract Administration Procedures (MILSCAP), authorizes electronic signature of receiving reports. [notification to the payment office of Government acceptance or approval, as appropriate.]

* * * * *

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DEPARTMENT OF DEFENSE

48 CFR Parts 235 and 253

[DFARS Case 97-D030]

Defense Federal Acquisition Regulation Supplement; Short Form

Research Contract

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: The Director of Defense Procurement has issued a final rule

amending the Defense Federal Acquisition Regulation Supplement (DFARS)

to remove obsolete guidance pertaining to short form research contracts

with educational institutions and nonprofit organizations.

EFFECTIVE DATE: December 15, 1998.

FOR FURTHER INFORMATION CONTACT:

Mr. Michael Pelkey, Defense Acquisition Regulations Council, PDUSD

(A&T) DP(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-

3062. Telephone (703) 602-0131; telefax (703) 602-0350. Please cite

DFARS Case 97-D030.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule removes obsolete guidance at DFARS 235.015-71, and

associated DD Forms 2222, 2222-1, and 2222-2, pertaining to short form

research contracts. DoD now uses the streamlined procedures in DFARS

Subpart 235.70 for research and development contracting.

B. Regulatory Flexibility Act

The final rule does not constitute a significant revision within

the meaning of FAR 1.501 and Public Law 98-577 and publication for

public comment is not required. However, comments from small entities

concerning the affected DFARS subpart will be considered in accordance

with 5 U.S.C. 610. Such comments should cite DFARS Case 97-D030.

C. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the final rule

does not impose any information collection requirements that require

the approval of the Office of Management and Budget under 44 U.S.C.

3501, et seq.

List of Subjects in 48 CFR Parts 235 and 253

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition Regulations Council.

Therefore, 48 CFR Parts 235 and 253 are amended as follows:

Final Rule

DFARS Case 97-D030

Short Form Research Contract

PART 235-RESEARCH AND DEVELOPMENT CONTRACTING

* * * * *

TABLE OF CONTENTS

* * * * *

235.015 Contracts for research with educational institutions and nonprofit organizations.

235.015-70 Special use allowances for research facilities acquired by educational institutions.

235.015-71 Short form research contract (SFRC).

235.016 Broad agency announcement.

* * * * *

235.015 Contracts for research with educational institutions and nonprofit organizations.

* * * * *

235.015-71 Short form research contract (SFRC).

(a) Scope. This section prescribes procedures for contracting within the United States for research on a cost-reimbursement basis with educational institutions or nonprofit organizations whose primary purpose is the conduct of scientific research.

(b) Definitions. As used in this section-

(1) "Educational institution" means an institution of higher learning which--

(i) Provides facilities for teaching and research; and

(ii) Is authorized to grant academic degrees.

(2) "Nonprofit organization" means--

(i) Organizations of the type--

(A) Described in Section 501(c)(3) and (d) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)); and

(B) Exempt from taxation under Section 501(a) of the Internal Revenue Code (26 U.S.C. 501(a)); or

(ii) Any nonprofit scientific organization qualified under a state nonprofit organization statute.

(3) "Research" includes all effort described as research in 235.001, including that part of exploratory development applicable to applied research.

(c) Applicability.

(1) Do not use the SFRC for any purpose other than as described in this section.

(2) The procedures in this section may be used if-

(i) The principal purpose of the acquisition is research from an educational institution or a nonprofit organization;

(ii) The effort will be on a cost-reimbursement basis;

(iii) The basis for award is--

(A) A basic research proposal responding to a broad agency announcement (FAR 6.102(d)(2)); or

(B) An unsolicited research proposal (FAR 6.302-1); or

(C) A proposal establishing or maintaining an essential engineering, research, or development capability (FAR 6.302-3); and

(iv) The contract requires the delivery of designs, drawings, or reports as end items.

(d) Content of research proposal. Research proposals submitted under this section must contain--

(1) All the information in FAR 15.505;

(2) A statement of work complying with FAR 35.005, and a breakdown of the time the principal investigator and any associates will devote to the contract (see FAR 35.015(a)). The breakdown will be by work-days, work-months, or work-years;

(3) The executed representations on DD Form 2222-1, Representations and Certifications from Offerors Submitting Proposals Under DFARS 235.70. (Representations and certifications submitted on a one-time basis to each contracting office are valid for all SFRC contract awards made by that office only if the offeror in each proposal references the one-time submission and confirms its validity.);

(4) A statement that the Government may award a contract under the procedures of this section;

(5)(i) Identification of property in the Contractor-Acquired Property clause by showing for each item, when possible--

(A) The description of the property; and

(B) The estimated or known cost;

(ii) The description of the property should be detailed enough to enable the contracting officer--

(A) To determine whether the Government will furnish such property under FAR 35.014 and FAR 45.302-1; and

(B) For property which may be contractor-acquired (versus Government-furnished)--

(1) To accept it as advance notification required by FAR 52.244-2; and

(2) To authorize acquisition at time of award;

(iii) If the offeror proposes to acquire facilities (FAR 45.301), the offeror shall include a written statement which--

(A) Explains why acquiring these items with contract funds is necessary; and

(B) Expresses the offeror's unwillingness or financial inability to acquire the items with the offeror's own resources;

(iv) Special test equipment or components proposed. Individual items of less than $1,000 may be grouped by category (FAR 45.307-2);

(6) A SF 1411, Contract Pricing Proposal Cover Sheet, or acceptable substitute. FAR 52.244-2(b) prescribes information required for subcontracts;

(7) Markings complying with FAR 15.509 on the title page and each restricted sheet if the proposal includes data that the offeror does not want disclosed for any purpose other than evaluation. In addition, the offeror should state in the offer or check Block A on page 2 of the DD Form 2222-2 if the offeror grants the Government permission to have nongovernment evaluators review the proposal;

(8) The following statement:

"This proposal incorporates by reference, and makes a part thereof, all applicable clauses in DFARS 235.015-71(i) in effect on the effective date of the contract or such other dates as may be mutually agreed upon."

(9) Any other applicable FAR or DFARS clauses agreed to by the parties;

(10) Monthly expenditure estimates by which incremental funding periods may be calculated; and

(11) An executed DD Form 2222-2, Short Form Research Contract Research Proposal Cover Page.

(e) Contracting procedures.

(1) The contracting officer may award a SFRC under full and open competition (FAR Subpart 6.1) when the proposal--

(i) Is in response to a broad agency announcement under FAR 6.102(d)(2);

(ii) Contains the information required by 235.015-71(d); and

(iii) Has been recommended for award under the peer or scientific review procedures of FAR 6.102(d)(2).

(2) The contracting officer may award an SFRC under other than full and open competition (FAR Subpart 6.3) when--

(i) The proposal is an unsolicited research proposal submitted, evaluated, and accepted under FAR Subpart 15.5, which meets the criteria of FAR 6.302-1; or

(ii) Award is necessary to establish or maintain an essential engineering research or development capability under FAR 6.302-1.

(3) When a research proposal (solicited or unsolicited) is satisfactory to the Government, the contracting officer should accept the proposal by executing a SFRC incorporating--

(i) The proposal by reference, or

(ii) The statement of work by reference.

(4) When acceptance of the entire research proposal is not advantageous to the Government, the contracting officer should use the acceptable parts of the research proposal. These parts may be either attached or incorporated by reference to develop a contract for execution by both parties. In this event, the contractor must sign the SFRC before the Government signs.

(5) Use the DD Form 2222, Short Form Research Center (SFRC) Modification, to effect modifications.

(6) The initial dollar amount and period of performance specified in the award document shall include the initial research program only. The SFRC shall identify separately the options, periods of performance, and costs, if appropriate.

(7) FAR 35.014 applies to vesting of title in property to organizations defined in 235.015-71(b). DD Form 2222 shall identify property, title to which is not vested in the contractor, or for which a determination of title is deferred.

(8) The offeror's submission of its proposal under this section 235.015-71 constitutes the offeror's agreement to be bound by all terms and conditions of the resulting contract.

(f) Advance payments. The contracting officer shall ensure that SFRCs awarded to institutions and organizations authorized to receive advance payments under FAR Subpart 32.4 are clearly marked to read "Advance Payment Pool Contract."

(g) Method of funding. If incrementally funded, the SFRC shall specify--

(1) The total estimated cost for the full period of the research program, both funded and unfunded; and

(2) The amount of funds currently obligated.

(h) Uniform contract format. The SFRC is exempt from uniform contract format requirements (FAR 15.406).

(i) SFRC clauses.

(1) Include in the contract any FAR or DFARS clause agreed to by the parties and incorporate it by reference or full text, as appropriate.

(2) The following clauses should be incorporated by reference in all SFRC awards of $25,000 or more. Clauses with a single asterisk (*) apply to educational institutions only. Clauses with a double asterisk (**) apply to nonprofit organizations only.

FAR 52.202-1 Definitions

FAR 52.203-1 Officials Not to Benefit

FAR 52.203-3 Gratuities

FAR 52.203-5 Covenant Against Contingent Fees

FAR 52.203-6 Restrictions on Subcontractor Sales to the Government

FAR 52.203-7 Anti-Kickback Procedures

252.203-7001 Special Prohibition on Employment

**FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity

FAR 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

252.209-7000 Acquisitions from Subcontractors Subject to On-Site Inspection Under the Intermediate- Range Nuclear Forces (INF) Treaty

FAR 52.215-2 Audit and Records--Negotiation

FAR 52.215-26 Integrity of Unit Prices

**FAR 52.215-30 Facilities Capital Cost of Money (Applies if contract is subject to commercial cost principles, FAR Subpart 31.2)

**FAR 52.215-31 Waiver of Facilities Capital Cost of Money (Applies if contractor does not propose facilities capital cost of money.)

FAR 52.215-33 Order of Precedence

FAR 52.216-7 Allowable Cost and Payment

*FAR 52.216-15 Predetermined Indirect Cost Rates (Applies only when the contractor has an executed negotiation agreement with the cognizant contract administration office. Predetermined rate agreements in effect on the date of the contract shall be incorporated in the contract schedule.)

FAR 52.219-8 Utilization of Small Business and Small Disadvantaged Business Concerns

FAR 52.219-13 Utilization of Women-Owned Small Businesses

FAR 52.220-3 Utilization of Labor Surplus Area Concerns

FAR 52.222-3 Convict Labor

FAR 52.222-26 Equal Opportunity (Add Alternate I as a special provision when applicable.)

FAR 52.222-35 Affirmative Action for Special Disabled and Vietnam Era Veterans

FAR 52.222-36 Affirmative Action for Handicapped Workers

FAR 52.222-37 Employment Reports on Special Disabled Veterans and Veterans of Vietnam Era

FAR 52.223-6 Drug-Free Workplace

FAR 52.225-13 Restrictions on Contracting with Sanctioned Persons

252.225-7016 Restriction on Acquisition of Foreign

and Alternate I Machine Tools

(if applicable)

FAR 52.227-1 Authorization and Consent

and Alternate I

FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement

FAR 52.227-14 Rights in Data--General (Specify applicable Alternate in contract.)

252.227-7013 Rights in Technical Data and Computer

and Alternate I Software

252.227-7018 Restrictive Markings on Technical Data

252.227-7029 Identification of Technical Data

**252.227-7030 Technical Data--Withholding of Payment

FAR 52.228-7 Insurance--Liability to Third Persons (Alternates I and II, if applicable)

**252.231-7000 Supplemental Cost Principles (Applies to nonprofit institutions, when allowability of costs is determined under FAR Subpart 31.2)

FAR 52.232-23 Assignment of Claims

FAR 52.232-25 Prompt Payment

FAR 52.233-1 Disputes

FAR 52.233-3 Protest After Award

and Alternate I

252.235-7004 Option to Extend the Term of the Contract

252.235-7005 Contractor-Acquired Property

252.235-7006 Title to Contractor-Acquired Property

252.235-7007 Advance Payments

252.235-7008 Inspection and Acceptance

252.235-7009 Restriction on Printing

FAR 52.242-1 Notice of Intent to Disallow Costs

252.242-7001 Certification of Indirect Cost

252.242-7004 Material Management and Accounting System

**FAR 52.243-2 Changes--Cost-Reimbursement

and Alternate V

FAR 52.244-2 Subcontracts (Cost-Reimbursement and Letter

and Alternate I Contracts)

FAR 52.244-5 Competition in Subcontracting

FAR 52.245-5 Government Property (Cost-Reimbursement,

and Alternate I Time-and-Material, or Labor-Hour Contracts.)

FAR 52.247-63 Preference for U.S.-Flag Air Carriers

FAR 52.251-1 Government Supply Sources

252.251-7000 Ordering from Government Supply Sources

FAR 52.253-1 Computer Generation of Forms by the Public

(3) The following clauses should be incorporated by reference in all SFRC contracts of $100,000 or more. Clauses with a double asterisk (**) apply to nonprofit organizations only.

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions

252.203-7000 Statutory Prohibitions on Compensation to Former Department of Defense Employees

FAR 52.222-2 Payment for Overtime Premiums (The word "zero" is inserted in the blank space indicated by an asterisk.)

FAR 52.223-2 Clean Air and Water Act (Applies if contract amount exceeds the dollar amount set forth in the preamble to the clause.)

**FAR 52.230-2 Cost Accounting Standards (If contract is not exempt under 48 CFR Chapter 99 (Appendix B, FAR looseleaf edition), Subpart 9903.201.)

**FAR 52.230-3 Disclosure and Consistency of Cost Accounting Practices (If contract is not exempt under 48 CFR Chapter 99 (Appendix B, FAR looseleaf edition), Subpart 9903.201.)

**FAR 52.230-5 Administration of Cost Accounting Standards (If contract is not exempt under 48 CFR Chapter 99 (Appendix B, FAR looseleaf edition), Subpart 9903.201.)

252.231-7001 Penalties for Unallowable Costs

252.233-7000 Certification of Claims and Requests for Adjustment or Relief

(4) The following clauses should be incorporated by reference, if applicable.

FAR 52.215-22 Price Reduction for Defective Cost or Pricing Data

FAR 52.215-24 Subcontractor Cost or Pricing Data (Applies only if FAR 52.215-22 applies.)

FAR 52.215-27 Termination of Defined Benefit Pension Plans (Applies if certified cost and pricing data are required and cost determinations are subject to FAR Subpart 31.2.)

252.215-7000 Pricing Adjustments (Applicable if FAR 52.215-23, 24, or 25 applies.)

FAR 52.216-8 Fixed Fee (Applies in cost-plus-fixed-fee contracts.)

FAR 52.216-11 Cost Contract--No Fee

and Alternate I

FAR 52.216-12 Cost Sharing Contract--No Fee

and Alternate I

252.225-7000 Pricing Adjustments (Applies if FAR 52.215-23, 24, or 25 applies.)

252.225-7023 Reporting of Subcontracts (Applies only when contract action exceeds $500,000, or when any modification increases contract amount to more than $500,000.)

FAR 52.227-11 Patents Rights--Retention by the Contractor (Short Form)

252.227-7034 Patents--Subcontracts

252.227-7039 Patents--Reporting of Subject Inventions

FAR 52.232-9 Limitation on Withholding of Payments

FAR 52.232-17 Interest

FAR 52.232-20 Limitation of Cost (Applies only when contract is fully funded.)

FAR 52.232-22 Limitation of Funds (Applies only when contract is incrementally funded.)

FAR 52.232-28 Electronic Funds Transfer Payment Methods

FAR 52.246-23 Limitation of Liability

FAR 52.246-24 Limitation of Liability--High Value Items

FAR 52.246-25 Limitation of Liability--Services

FAR 52.249-5 Termination for Convenience of the Government (Educational and Other Nonprofit Institutions) (Applies if work is done on a no-profit or no-fee basis)

FAR 52.249-6 Termination (Cost Reimbursement) (Applies if work is performed on a fee or profit basis.)

FAR 52.249-14 Excusable Delays (Applies only to contracts in which FAR 52.249-6 applies.)

* * * * *

PART 253--FORMS

TABLE OF CONTENTS

* * * * *

SUBPART 253.3--ILLUSTRATION OF FORMS

* * * * *

253.303-2139 DD Form 2139, Report of Contract Performance Outside the United States.

253.303-2222 DD Form 2222, Short Form Research Contract (SFRC) Modification.

253.303-2222-1 DD Form 2222-1, Representations and Certifications from Offerors Submitting Proposals Under DFARS 35.70.

253.303-2222-2 DD Form 2222-2, Short Form Research Contract Research Proposal Cover Page.

253.303-2579 DD Form 2579, Small Business Coordination Record.

* * * *

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DEPARTMENT OF DEFENSE

48 CFR Part 236

[DFARS Case 98-D313]

Defense Federal Acquisition Regulation Supplement; Architectural

and Engineering Services and Construction Design

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: The Director of Defense Procurement has issued a final rule

amending the Defense Federal Acquisition Regulation Supplement (DFARS)

to implement Section 2801 of the Strom Thurmond National Defense

Authorization Act for Fiscal Year 1999. Section 2801 increases, from

$300,000 to $500,000, the threshold at which notice to Congress is

required before the award of a contract for architect-engineer services

or construction design.

EFFECTIVE DATE: December 15, 1998.

FOR FURTHER INFORMATION CONTACT:

Ms. Amy Williams, Defense Acquisition Regulations Council,

PDUSD(A&T)DP(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC

20301-3062. Telephone (703) 602-0131; telefax (703) 602-0350. Please

cite DFARS Case 98-D313.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule amends DFARS 236.601 to implement Section 2801 of

the Strom Thurmond National Defense Authorization Act for Fiscal Year

1999 (Public Law 105-261). Section 2801 amends 10 U.S.C. 2807(b) to

increase the dollar threshold for Congressional notification prior to

award of a contract for architect-engineer services or construction

design.

B. Regulatory Flexibility Act

The final rule does not constitute a significant revision within

the meaning of FAR 1.501 and Public Law 98-577 and publication for

public comment is not required. However, comments from small entities

concerning the affected DFARS subpart will be considered in accordance

with 5 U.S.C. 610. Such comments should cite DFARS Case 98-D313.

C. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the final rule

does not impose any information collection requirements that require

the approval of the Office of Management and Budget under 44 U.S.C.

3501, et seq.

List of Subjects in 48 CFR Part 236

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition Regulations Council.

Therefore, 48 CFR Part 236 is amended as follows:

DFARS Case 98-D313

Architectural and Engineering Services and Construction Design

Final Rule

* * * * *

PART 236-CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

* * * * *

SUBPART 236.6--ARCHITECT-ENGINEER SERVICES

236.601 Policy.

(1) 10 U.S.C. 2807(b) requires notice to Congress 21 days before the initial obligation of funds if a contract is for-

(i) A-E services or construction design for military construction, military family housing, or restoration or replacement of damaged or destroyed facilities; and

(ii) An estimated total contract price of $3[5]00,000 or more.

* * * * *