DFARS CHANGE NOTICE 19990921

[Federal Register: September 21, 1999 (Volume 64, Number 182)]

[Rules and Regulations]

DEPARTMENT OF DEFENSE

48 CFR Parts 201, 202, 204, 207, 208, 209, 211, 212, 214, 215, 219, 223, 225, 227, 232, 235, 236, 242, 245, 246, 249, 250, 252, and 253

Defense Federal Acquisition Regulation Supplement; Technical Amendments

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: The Director of Defense Procurement is making technical amendments to the Defense Federal Acquisition Regulation Supplement. The amendments update names, addresses, and references and make minor editorial changes.

EFFECTIVE DATE: September 21, 1999.

FOR FURTHER INFORMATION CONTACT:

Ms. Michele Peterson, Defense Acquisition Regulations Council, PDUSD (A&T) DP (DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0311; telefax (703) 602-0350.

List of Subjects in 48 CFR Parts 201, 202, 204, 207, 208, 209, 211, 212, 214, 215, 219, 223, 225, 227, 232, 235, 236, 242, 245, 246, 249, 250, 252, and 253

Government procurement. Michele P. Peterson, Executive Editor, Defense Acquisition Regulations Council.

Therefore, 48 CFR Parts 201, 202, 204, 207, 208, 209, 211, 212, 214, 215, 219, 223, 225, 227, 232, 235, 236, 242, 245, 246, 249, 250, 252, and 253 are emended as follows:

1. The authority citation for 48 CFR Parts 201, 202, 204, 207, 208, 209, 211, 212, 214, 215, 219, 223, 225, 227, 232, 235, 236, 242, 245, 246, 249, 250, 252, and 253 continues to read as follows:

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

DFARS Technical Amendments

PART 201-FEDERAL ACQUISITION REGULATIONS SYSTEM

* * * * *

201.303 Publication and codification.

(a) * * *

(ii) * * *

(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 1.104[5]-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)[(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 1.104[5]-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).

* * * * *

201.402 Policy.

(1) The Director of Defense Procurement, Office of the Under Secretary of Defense (Acquisition and Technology), USD(A&T)DP, is the approval authority within DoD for-

(i) Any individual deviation from-

* * * * *

(F) 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, Contracting Financing (except Subparts 232.7 and 232.8).

* * * * *

PART 202-DEFINITIONS OF WORDS AND TERMS

* * * * *

202.101 Definitions.

* * * * *

DoD contracting activities are-

DEPARTMENT OF DEFENSE

Defense Evaluation Support Activity

Department of Defense Office of Dependents Schools

[Department of Defense Education Activity]

Office of Civilian Health and Medical Program of the Uniformed Services

[TRICARE Management Activity]

Real Estate and Facilities Directorate, Washington Headquarters Services

* * * * *

NAVY

* * * * *

Marine Corps Systems [Material] Command

* * * * *

DEFENSE LOGISTICS AGENCY

Office of the Executive Director, Contract Management

[Office of the Commander, Defense Contract Management Command]

Office of the Executive Director, Contracting

[Office of the Executive Director, Procurement Management, Defense

Logistics Support Command]

Defense Supply Centers

Defense Personnel Support Center

[Defense Energy Support Center]

NATIONAL IMAGERY AND MAPPING AGENCY

Procurement and Contracting Office

DEFENSE SPECIAL WEAPONS AGENCY

Headquarters, Defense Special Weapons Agency

[DEFENSE THREAT REDUCTION AGENCY

Acquisition Management Office]

NATIONAL SECURITY AGENCY

Headquarters, National Security Agency

ON-SITE INSPECTION AGENCY

Acquisition Management Office

* * * * *

"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 Commissary Agency, the Defense Finance and Accounting Service, the Defense Information Systems Agency, the Defense Intelligence Agency, the Defense Investigative [Security] Service, the Defense Logistics Agency, the National Imagery and Mapping Agency, the Defense Special Weapons [Threat Reduction] Agency, the National Security Agency, the On-Site Inspection Agency, the Ballistic Missile Defense Organization, and the United States Special Operations Command.

* * * * *

PART 204-ADMINISTRATIVE MATTERS

* * * * *

204.201 Procedures.

(1) The procuring contracting officer (PCO) retains the original signed contract for the official contract file. Administrative contracting officers and terminations contracting officers provide the original of each modification to the PCO for retention in the official contract file. Unless otherwise directed by department/agency procedures, the office issuing the orders maintains the original of orders under basic ordering agreements and the original of provisioning orders.

* * * * *

204.202 Agency distribution requirements.

(1) Distribute copies of contracts as follows-

* * * * *

(v) One copy, or an extract of the pertinent information, to the cognizant Defense Investigative [Security] Service office listed in DoD 5100.76-M, Physical Security of Sensitive Conventional Arms, Ammunition, and Explosives, when the clause at 252.223-7007, Safeguarding Sensitive Conventional Arms, Ammunition, and Explosives, is included in the contract.

* * * * *

204.402 General.

* * * * *

(2) Pursuant to Section 808 of Pub. L. 102-190, 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 product. Classified work products of DoD employees or members of the Armed Forces shall be handled in accordance with DoD 5220.22-M, Industrial Security [National Industrial Security Program Operating] Manual, and DoD 5220.22-R, Industrial Security Regulation. Contractor procedures for protecting against unauthorized disclosure of information shall not require DoD employees or members of the Armed Forces to relinquish control of their work products, whether classified or not, to a contractor.

* * * * *

204.670-1 Definitions.

* * * * *

(c) "Departmental data collection points" are-

* * * * *

(4) For the Defense Logistics Agency:

Headquarters, Defense Logistics Agency ATTN: Directorate of Procurement [Management Directorate] (Acquisition Operations [Programs] Team) 8725 John J. Kingman Road, Suite 3147 Ft.[Fort] Belvoir, VA 22060-6221

* * * * *

(d) "United States and outlying areas" is defined in Federal Information Processing Standard Publication (FIPS PUB) 55-2, Guideline: Codes for Named Populated Places, Primary County Divisions, and Other Locational Entities of the United States and Outlying Areas. Outlying areas are-

* * * * *

204.670-3 Contracting office responsibilities.

(a) * * *

(2) Complete the DD Form 350 in the required format within three working days after the date on which the dollars were actually obligated or deobligated (see 204.670-7). Submit all contracting actions for the calendar month to the departmental data collection point (see 204.670-1(c)) in accordance with departmental/agency procedures, except-

(i) For Defense Fuel Supply [Energy Support] Center major petroleum acquisitions which [that] result in multiple awards, the due date is ten working days when permitted by the departmental data collection point;

* * * * *

204.670-6 Types of DD Form 350 reports.

* * * * *

(b) * * *

(1) Prepare consolidated reports for-

* * * * *

(ii) Military Sealift Command awards of indefinite[-]delivery contracts for ocean transportation. The Command reports at the beginning of each fiscal year the estimated value of the orders for that fiscal year on one DD Form 350.

(iii) Defense Fuel Supply [Energy Support] Center or Defense Supply Center, Richmond, indefinite[-]delivery contracts for petroleum or petroleum supplies. The Centers, at the time of award, report the estimated value of the orders to be placed against the contract on one DD Form 350.

* * * * *

204.7003 Basic PII number.

(a) * * *

(1) * * *

(i) Department/agency identification:

* * * * *

(F)	Defense Special Weapons [Threat Reduction] Agency	DSWA [DTRA]
(G)	National Imagery and Mapping Agency	NIMA

* * * * *

(K)	On-Site Inspection Agency	OSIA
(L)	Defense Commissary Agency	DECA
(M)	United States Special Operations Command	USZA

[(L)]

* * * * *

PART 207-ACQUISITION PLANNING

* * * * *

207.105 Contents of written acquisition plans.

* * * * *

(b) * * *

(13) Logistics considerations.

* * * * *

(iv) See DoDD 5000.1, Defense Acquisition, and DoD 5000.2-R, Mandatory Procedures for Major Defense Acquisition Programs (MDAPs) and Major Automated Information System (MAIS) Acquisition Programs, for procedures on standardization and on the DoD Parts Control Program. See MIL-STD-965, Parts Control Program, for procedures on the Standardized Military Drawing Program. [Also see DoD 4120.3-M, Defense Standardization Program (DSP) Policies and Procedures.]

* * * * *

PART 208-REQUIRED SOURCES OF SUPPLIES AND SERVICES

* * * * *

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 Assistant [Deputy Under] Secretary of Defense (Production and Logistics);

(2) To the GSA, through agreement with GSA, by the Assistant [Deputy Under] Secretary of Defense (Production and Logistics);

(3) Outside the continental United States, by the Unified Commanders; and

(4) For acquisitions to be made in the 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. 2308[2311]).

* * * * *

(b) Under the Integrated Materiel Management Program, assignments are made by the Assistant [Deputy Under] Secretary of Defense (Production and Logistics)-

(1) To the departments and agencies; and

(2) To the GSA, through agreement with GSA.

* * * * *

208.7003-1 Assignments under integrated materiel management (IMM).

* * * * *

(b) When an item assigned for IMM is to be acquired by the requiring activity under paragraph (a)(3) of this subsection, the contracting officer must-

(1) Document the contract file with a statement of the specific advantage of local purchase for an acquisition exceeding the micro-purchase threshold in FAR Part 13[2]; and

(2) Ensure that a waiver is obtained from the IMM manager before initiating an acquisition exceeding the simplified acquisition threshold in FAR Part 13[2], if the IMM assignment is to the General Services Administration (GSA), the Defense Logistics Agency (DLA), or the Army Materiel Command (AMC). Submit requests for waiver to-

* * * * *

(ii) For DLA:		Defense Construction Supply Center[, Columbus] ATTN: DCSC-BDA [DSCC-BDL] P.O. Box 3990 Columbus, OH 43216-5000
		Defense Electronics Supply Center ATTN: DESC-ERM 1507 Wilmington Pike Dayton, OH 45444-5000
		Defense Fuel Supply [Energy Support] Center ATTN: DFSC-OI[DESC-FI 8725 John J. Kingman Road] Cameron Station [Fort Belvoir], VA 22304-6160 [22060-6222]
		Defense General Supply Center[, Richmond] ATTN: DGSC-X [DSCR-RZO 8000 Jefferson Davis Highway] Richmond, VA 23297-5000
		Defense Industrial Supply Center ATTN: DISC-OPD[ABLI (Bldg. 4)] 700 Robbins Avenue Philadelphia, PA 19111-5096
	Defense Personnel Support Center [Defense Supply Center, Philadelphia] ATTN: DPSC-CSH[DSCP-OMPS] 2800 South 20th Street P.O. Box 8419 Philadelphia, PA 19101-8419 [19145-5099]

* * * * *

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-

* * * * *

(c) Requirements not in excess of the simplified acquisition threshold in FAR Part 13[2], when contracting by the requiring department is in the best interest of the Government;

* * * * *

PART 209-CONTRACTOR QUALIFICATIONS

* * * * *

209.403 Definitions.

"Debarring official."

(1) For DoD, the designees are-

* * * * *

Defense Special Weapons [Threat Reduction] Agency--The Director

* * * * *

PART 211-DESCRIBING AGENCY NEEDS

* * * * *

211.201 Identification and availability of specifications.

* * * * *

(d) The AMSDL, all unclassified specifications and standards listed in the DODISS, and data item descriptions listed in the AMSDL also may be purchased [obtained] from the Department of Defense Single Stock Point (DoDSSP), Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094[; telephone (215) 697-2179; http://assist.daps.mil]. Include with the request-

* * * * *

211.602 General.

DoD implementation of the Defense Priorities and Allocations System is in

DoDI 4400.1, Priorities and Allocations--Delegation of DO and DX Priorities and Allocations Authorities, Rescheduling of Deliveries and Continuance of Related Manuals [DoDD 4400.1, Defense Production Act Programs].

* * * * *

PART 212-ACQUISITION OF COMMERCIAL ITEMS

* * * * *

212.503 Applicability of certain laws to Executive A[a]gency contracts for the acquisition of commercial items.

* * * * *

PART 214-SEALED BIDDING

TABLE OF CONTENTS

* * * * *

SUBPART 214.4--OPENING OF BIDS AND AWARD OF CONTRACT

214.404 Rejection of bids.

214-[.]404-1 Cancellation of invitations after opening.

214.407 Mistakes in bids.

214.407-3 Other mistakes disclosed before award.

* * * * *

214.407-3 Other mistakes disclosed before award.

(e) Authority for making a determination under FAR 14.407-3(a), (b), and (d) is delegated for the defense agencies, without power of redelegation, as follows:

* * * * *

(vi)	Defense Special Weapons [Threat Reduction] Agency: General Counsel, DSWA [DTRA].
(vii)	National Security Agency: Director of Procurement, NSA.
(viii)	On-Site Inspection Agency: General Counsel, OSIA.
(ix)	Ballistic Missile Defense Organization: General Counsel, BMDO.

* * * * *

PART 215-CONTRACTING BY NEGOTIATION

* * * * *

215.304 Evaluation factors and significant subfactors.

(c)(i) * * *

(C) When an evaluation includes the factor in paragraph (c)(i)(B[A])(1) of this section, the small businesses, historically black colleges or universities and minority institutions, and women-owned small businesses considered in the evaluation shall be listed in any subcontracting plan submitted pursuant to FAR 52.219-9 to facilitate compliance with 252.219-7003(g).

* * * * *

215.403-5 Instructions for submission of cost or pricing data or information other than cost or pricing data.

(b) When the solicitation requires contractor compliance with the Contractor Cost Data Reporting (CCDR) System (Army - AMCP 715-8, Navy - NAV PUB P-5241, and Air Force - AFMCP 800-15), require the contractor to submit DD Forms 1921 or 1921-1 with its pricing proposal.

* * * * *

215.407-5-70 Disclosure, maintenance, and review requirements.

* * * * *

(g) Impact of estimating system deficiencies on specific proposals.

* * * * *

(2) The contracting officer responsible for negotiation of a proposal generated by an estimating system with an identified deficiency shall evaluate whether the deficiency impacts the negotiations. If it does not, the contracting officer should proceed with negotiations. If it does, the contracting officer should consider other alternatives, e.g.-

* * * * *

(ii) Considering another type of contract, e.g., an FPIF instead of an FFP;

* * * * *

PART 219-SMALL BUSINESS PROGRAMS

* * * * *

219.703 Eligibility requirements for participating in the program.

* * * * *

(b) A contractor may also rely on the written representation as to status of-

(i) A historically black college or university or minority institution; or

(ii) A qualified nonprofit agency for the blind and [or] other severely handicapped [disabled] approved by the Committee for Purchase from the Blind and Other Severely Handicapped [People Who Are Blind or Severely Disabled].

* * * * *

219.705-2 Determining the need for a subcontracting plan.

(d) See 215.605[304] for unique DoD requirements.

* * * * *

PART 223-ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

* * * * *

223.370-4 Procedures.

* * * * *

(b) Postaward phase.

* * * * *

(2) Subcontracts.

(i) The clause at 252.223-7002, Safety Precautions for Ammunition and Explosives, requires the contractor to notify the contracting officer when placing a subcontract for ammunition and explosives. The contracting officer should coordinate with the safety personnel and request supporting contract administration in accordance with FAR 42.204[202(e)]. If the contracting officer believes the nature of the subcontract work poses a potential danger to Government property, Government personnel, production capability, or contract completion, request supporting contract administration.

* * * * *

PART 225-FOREIGN ACQUISITION

* * * * *

225.102 Policy.

(b) * * *

(iii) A determination as to whether an article, material, or supply is reasonably available is not required for-

* * * * *

(C) Acquisition of foreign drugs by the Defense Personnel Support [Supply] Center[, Philadelphia,] when the Chief of the Technical Operations Division, Directorate of Medical Materiel, determines that only the requested foreign drug will fulfill the requirements.

* * * * *

225.302 Policy.

* * * * *

(b)(i) Before solicitation, the determinations required by FAR 25.302(b)(2) and (3), or a determination that the cost of acquiring domestic end products or services is unreasonable (FAR 25.303(b)), may be made by the following individuals or their immediate deputies-

* * * * *

DEPARTMENT OF DEFENSE OFFICE OF DEPENDENTS SCHOOLS [EDUCATION ACTIVITY] Director

ON-SITE INSPECTION AGENCY Principal Deputy Director

* * * * *

225.402 Policy.

* * * * *

(c) * * *

(iii) * * *

(B) The Commander, Defense Fuel Supply [Energy Support] Center, may approve national interest waivers for purchases of fuel for use by U.S. forces overseas.

* * * * *

225.405 Procedures.

(d) The requirements of FAR 25.405(d) do not apply to offshore acquisitions or to Defense Fuel Supply [Energy Support] Center post, camp, or station overseas requirements.

* * * * *

225.872-7 Industrial security for qualifying countries.

The required procedures for safeguarding classified defense information necessary for the performance of contracts awarded to qualifying country sources are in the DoD Industrial Security Regulation DoD 5220.22-R (implemented for the Army by AR 380-49; for the Navy by OPNAV Instruction 5540.8L; for the Air Force by AFR 205-4; for the Defense Information Systems Agency by DCA Instruction 240-110-8; and for the Defense Mapping Agency [National Imagery and Mapping Agency] by DMA [NIMA] Instruction 5220.22).

* * * * *

225.873-2 Procedures.

(a) Waiver of U.K. levies must be approved by the Government of the U.K. When an offeror or contractor identifies a levy included in an offered or contract price, the contracting officer shall provide written notification to the Defense Security Assistance [Cooperation] Agency, Operations Management Division, Room 4B740, the Pentagon, Washington, DC 20301-2800, telephone (703) 697-8108 , which [The Defense Security Cooperation Agency] will request a waiver of the levy from the Government of the U.K. The notification shall include-

* * * * *

PART 227-PATENTS, DATA, AND COPYRIGHTS

* * * * *

227.7004 Requirements for filing an administrative claim for patent infringement.

* * * * *

(c) * * *

(6) For the Defense Special Weapons [Threat Reduction] Agency--The General Counsel; and

(7) For the Defense [National Imagery and] Mapping Agency--The Counsel.

* * * * *

PART 232-CONTRACT FINANCING

* * * * *

232.906 Contract financing payments.

(a)(i) DoD policy is to make contract financing payments as quickly as possible. Generally, the contracting officer shall insert the standard due dates of 7 days for progress payments and 14 days for interim payments on cost type contracts in subparagraphs (b)(2[1]) of the Prompt Payment clauses at FAR 52.232-25, 52.232-26, and 52.232-27.

* * * * *

PART 235-RESEARCH AND DEVELOPMENT CONTRACTING

* * * * *

235.070-1 Indemnification under research and development contracts.

(a) Under 10 U.S.C. 2354[,] and if authorized by the Secretary concerned, or designee under 10 U.S.C. 2356, contracts for research and/or development may provide for indemnification of the contractor or subcontractors for-

* * * * *

PART 236-CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

* * * * *

236.604 Performance evaluation.

* * * * *

(c) Distribution and use of performance reports.

* * * * *

(ii) File and use the SF 1421 [DD Form 2631], Performance Evaluation (Architect-Engineer), in a manner similar to the SF 254, Architect-Engineer and Related Services Questionnaire.

* * * * *

PART 242-CONTRACT ADMINISTRATION

* * * * *

242.1203 Processing agreements.

(b)(1) For contracts awarded by the military departments, provide notices to the following addressees instead of individual contracting or contract administration offices-

* * * * *

Air Force

HQ Air Force Materiel Command ATTN: AFMC/PKM [HQ AFMC/PKP] 4375 Chidlaw Road, Suite 6 Wright Patterson AFB, OH 45433-5006

* * * * *

PART 245-GOVERNMENT PROPERTY

* * * * *

245.302-1 Policy.

* * * * *

(b)(1)(A) Industrial plant equipment. Before acquiring industrial plant equipment-

(1) Submit a DD Form 1419, DoD Industrial Plant Equipment Requisition, to the Defense Supply Center[,] Richmond (DSCR), ATTN: [DSCR-]JH, 8000 Jefferson Davis Highway, Richmond, VA 23297-5100, in accordance with AR 700-43/NAVSUP PUB 5009/AFM 78-9/DLAM 4215.1, Management of Defense-Owned Industrial Plant Equipment, to determine whether existing, reallocable Government-owned facilities can be used.

* * * * *

245.310 Providing agency-peculiar property.

(c) All Government-furnished mapping, charting, and geodesy (MC&G) property is under the control of the Director, Defense Mapping Agency (DMA) [National Imagery and Mapping Agency (NIMA)]. (See DoDD 5105.40, Defense Mapping Agency (DMA)).

* * * * *

(ii) Upon completion of contract performance, the contracting officer shall-

(A) Contact the Director, DMA[NIMA](PP), 8613 Lee Highway, Fairfax, VA 22031-2137[,] for disposition instructions;

* * * * *

245.405 Contracts with foreign governments or international organizations.

* * * * *

(3) Waivers.

* * * * *

(ii) Requests for waivers or reduction of charges for the use of Government facilities on work for foreign governments or international organizations shall be submitted to the contracting officer who shall refer the matter through contracting channels. In response to these requests, approvals may be granted only by the Director, Defense Security Assistance [Cooperation] Agency for particular sales which [that] are consistent with paragraph (1)(iii) of this section.

* * * * *

245.7203 Assigning plant clearance case numbers.

(a) Use a three-part, 11-character number constructed as follows:

* * * * *

(3) Part 3: The 11th character is a single letter identifying the department/agency:

C-Army Q-Navy E-Air Force L-Marine Corps U-Defense Logistics Agency N-Defense Nuclear Agency M-Defense [National Imagery and] Mapping Agency S-NASA D-Other DoD Activities O-Non-DoD Activities

* * * * *

PART 246-QUALITY ASSURANCE

* * * * *

246.710 Contract clauses.

* * * * *

(4) Use the clause at 252.246-7002, Warranty of Construction (Germany), [instead of the clause at FAR 52.246-21, Warranty of Construction,] in solicitations and contracts for construction when a fixed-price contract will be awarded and contract performance will be in Germany.

* * * * *

PART 249-TERMINATION OF CONTRACTS

* * * * *

249.105-1 Termination status report.

When the contract administration office receives a termination notice, it will[,] under Report Control Symbol DD-ACQ[A&T](AR) 1411-

* * * * *

249.7001 Congressional notification on significant contract terminations.

* * * * *

(b) Department and agency liaison offices will coordinate timing of the congressional notification and public release of the information with release of the termination notice to the contractor. Department and agency liaison offices are-

* * * * *

(7) Defense Logistics Agency - DLA-PP [DLSC-P]

(8) Defense [National Imagery and] Mapping Agency - HQ DMA [NIMA] (AQ)

(9) Defense Special Weapons [Threat Reduction] Agency - Acquisition Management Directorate [Office] (AM)

(10) National Security Agency/Central Security Service - Chief, Office of Contracting

(11) On-Site Inspection Agency - Acquisition Management Office (AM)

(12) Ballistic Missile Defense Organization - Director of Contracts (BMDO-DCT)

* * * * *

(f) This reporting requirement is assigned RCS:[Report Control Symbol] DD(I&L)[-A&T](AR) 1412.

* * * * *

PART 250-EXTRAORDINARY CONTRACTUAL ACTIONS

* * * * *

250.303 Contractor requests.

Requests should be filed with the procuring contracting officer (PCO). If a request is filed with an administrative contracting officer (ACO), the ACO shall promptly forward it to the PCO for appropriate action. If filing with the PCO is impracticable, requests may be filed with the following addresses for forwarding to the cognizant PCO:

* * * * *

* * * * *

* * * * *

PART 252-SOLICITATION PROVISIONS AND CONTRACT CLAUSES

* * * * *

SUBPART 252.2--TEXTS OF PROVISIONS AND CLAUSES

* * * * *

252.209-7003 Compliance with Veterans' Employment Reporting Requirements.

As prescribed in 222.1304(b)[209.104-70(c)], use the following provision:

* * * * *

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 (JAN 1999[SEP 1999])

* * * * *

(b) The Contractor agrees to comply with any clause that is checked on the following list of DFARS clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive O[o]rders applicable to acquisitions of commercial items or components.

_____	252.205-7000	Provision of Information to Cooperative Agreement Holders (10 U.S.C. 2416).
_____	252.206-7000	Domestic Source Restriction (10 U.S.C. 2304).
_____	252.219-7003	Small Business and Small Disadvantaged [, Small Disadvantaged and Women-Owned Small] Business Subcontracting Plan (DoD Contracts) (15 U.S.C. 637).
_____	252.225-7001	Buy American Act and Balance of Payments Program (41 U.S.C. 10a-10d, E.O. 10582).
_____	252.225-7007	Buy American Act-Trade Agreements-Balance of Payments Program (___Alternate I) (41 U.S.C. 10a-10d, 19 U.S.C. 2501-2518, and 19 U.S.C. 3301 note).
_____	252.225-7012	Preference for Certain Domestic Commodities.
_____	252.225-7014	Preference for Domestic Specialty Metals (10 U.S.C. 2241 note).
_____	252.225-7015	Preference for Domestic Hand or Measuring Tools (10 U.S.C. 2241 note).
_____	252.225-7021	Trade Agreements (___Alternate I) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).
_____	252.225-7027	Restriction on Contingent Fees for Foreign Military Sales (22 U.S.C. 2779).
_____	252.225-7028	Exclusionary Policies and Practices of Foreign Governments (22 U.S.C. 2755).
_____	252.225-7029	Restriction on Acquisition of [Preference for United States or Canadian] Air Circuit Breakers (10 U.S.C. 2534(a)(3)).
_____	252.225-7036	Buy American Act-North American Free Trade Agreement Implementation Act-Balance of Payments Program (___ Alternate I) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note).
_____	252.227-7015	Technical Data-Commercial Items (10 U.S.C. 2320).
_____	252.227-7037	Validation of Restrictive Markings on Technical Data (10 U.S.C. 2321).
_____	252.243-7002	Certification of Requests for Equitable Adjustment (10 U.S.C. 2410).
_____	252.247-7024	Notification of Transportation of Supplies by Sea (10 U.S.C. 2631).

* * * * *

252.223-7007 Safeguarding Sensitive Conventional Arms, Ammunition, and Explosives.

As prescribed in 223.7203, use the following clause:

SAFEGUARDING SENSITIVE CONVENTIONAL ARMS, AMMUNITION,
AND EXPLOSIVES (FEB 1996[SEP 1999])

* * * * *

(d) The Contractor shall allow representatives of the Defense Investigative [Security] Service (DI[S]S), and representatives of other appropriate offices of the Government, access at all reasonable times into its facilities and those of its subcontractors, for the purpose of performing surveys, inspections, and investigations necessary to review compliance with the physical security standards applicable to this contract.

(e) The Contractor shall notify the cognizant DI[S]S field office of any subcontract involving AA&E within 10 days after award of the subcontract.

* * * * *

252.225-7000 Buy American Act--Balance of Payments Program Certificate.

As prescribed in 225.109(a), use the following provision:

BUY AMERICAN ACT-BALANCE OF PAYMENTS PROGRAM CERTIFICATE
(DEC 1991[SEP 1999])

* * * * *

(c) Certifications.

(1) The Offeror certifies that-

(i) Each end product, except those listed in paragraphs (c)(2) or (3) of this clause [provision], is a domestic end product; and

* * * * *

252.225-7017 Prohibition on Award to Companies Owned by the People's Republic of China.

As prescribed in 225.771-4, use the following provision:

PROHIBITION ON AWARD TO COMPANIES OWNED BY THE PEOPLE'S REPUBLIC OF CHINA (DATE [FEB 1999])

* * * * *

252.225-7036 Buy American Act--North American Free Trade Agreement Implementation Act--Balance of Payments Program.

* * * * *

ALTERNATE I (MAR 1998[SEP 1999])

As prescribed in 225.408(a)(vi)(B)(2), substitute the following paragraphs (a)(4[6]), (c), and (d) for paragraphs (a)(4[6]), (c), and (d) of the basic clause:

(a)(4[6]) "Canadian end product," means an article that-

* * * * *

252.227-7037 Validation of Restrictive Markings on Technical Data.

As prescribed in 227.7102-3(c), 227.7103-6(e)(4), 227.7104(e)(6), or 227.7203-6(f), use the following clause:

VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA

(NOV 1995[SEP 1999])

* * * * *

(b) Contracts for commercial items--presumption of development at private expense. Under a contract for a commercial item, component, or process, the Department of Defense shall presume that a Contractor's asserted use or release restrictions are justified on the basis that the item, component, or process was developed exclusively at private expense. The Department shall not challenge such assertions unless information the Department [provides] demonstrates that the item, component, or process was not developed exclusively at private expense.

* * * * *

252.235-7011 Final Scientific or Technical Report.

As prescribed in 235.071(d), use the following clause:

FINAL SCIENTIFIC OR TECHNICAL REPORT (MAY 1995 [SEP 1999])

The Contractor shall submit two copies of the approved scientific or technical report delivered under this contract to the Defense Technical Information Center (DTIC), Attn: DTIC-OC, Cameron Station, Alexandria, VA 22304-6145 [8725 John J. Kingman Road, Suite 0944, Fort Belvoir, VA 22060-6218]. The Contractor shall include a completed Standard Form 298, Report Documentation Page, with each copy of the report. For submission of reports in other than paper copy, contact the Defense Technical Information Center, Attn: DTIC-OC, Cameron Station, Alexandria, VA 22304-6145 [8725 John J. Kingman Road, Suite 0944, Fort Belvoir, VA 22060-6218].

* * * * *

252.243-7000 Engineering Change Proposals.

As prescribed in 243.205-70, use the following clause:

ENGINEERING CHANGE PROPOSALS (OCT 1998[SEP 1999])

* * * * *

(c) When the price** [*] of the engineering change is $500,000 or more, the Contractor shall submit-

* * * * *

* Use a term suitable for the type of contract[.]

* * * * *

PART 253-FORMS

* * * * *

253.209-1 Responsible prospective contractors.

(a) SF 1403, Preaward Survey of Prospective Contractor (General).

* * * * *

(ii) The factors in Section III, Block 20, generally mean-

* * * * *

(D) Security Clearance. A determination that the prospective contractor's facility security clearance is adequate and current. (When checked, the surveying activity will refer this factor to the Defense Investigative [Security] Service (DI[S]S)).

* * * *

End of DCN