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DFARS CHANGE NOTICE 20000831
[Federal Register: August 31, 2000 (Volume 65, Number 170)]
DEPARTMENT OF DEFENSE
48 CFR Parts 209 and 223
[DFARS Case 2000-D004]
Defense Federal Acquisition Regulation Supplement; Pollution Control and Clean Air and Water
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 revise and relocate policy on the level of approval required to except a contract from certain restrictions of the Clean Air Act or the
Clean Water Act. The policy is moved from the Pollution Control and Clean Air and Water subpart to the Debarment, Suspension, and Ineligibility subpart of the DFARS, because the Federal Acquisition Regulation (FAR) subpart on Pollution Control and Clean Air and Water has been removed.
EFFECTIVE DATE: August 31, 2000.
FOR FURTHER INFORMATION CONTACT: Ms. Sandra G. Haberlin, Defense Acquisition Regulations Council, OUSD(AT&L)DP(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0289; telefax (703) 602-0350. Please cite DFARS Case 2000-D004.
SUPPLEMENTARY INFORMATION:
A. Background
On December 27, 1999, Item I of Federal Acquisition Circular 97-15 (64 FR 72415) removed Subpart 23.1, Pollution Control and Clean Air and Water, from the FAR. Subpart 23.1 contained policy pertaining to entities that are ineligible for contract award due to a violation of the Clean Air Act or the Clean Water Act. The FAR text was deemed unnecessary, because contracting officers can use the General Services Administration List of Parties Excluded from Federal Procurement and Nonprocurement Programs to ensure that they do not award contracts to ineligible entities. In accordance with Environmental Protection Agency regulations at 40 CFR 32.215(b), FAR Subpart 23.1 permitted an agency head to except a contract from the prohibition on award to a Clean Air
Act or Clean Water Act violator if it was in the paramount interest of the United States to do so. DFARS Subpart 223.1 limited delegation of this exception authority to a level no lower than an official who is appointed by and with the advice of the Senate. This final rule--
1. Removes the text from DFARS Subpart 223.1, since FAR Subpart 23.1 no longer exists; and relocates the text to DFARS 209.405(b), since the corresponding text at FAR 9.405(b) addresses matters relating to entities on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs;
2. Retains a limitation on delegation of the exception authority, but lowers the permitted level of delegation to a level no lower than a general or flag officer or a member of the Senior Executive Service; and
3. Designates the text already located at DFARS 209.405 as 209.405(a), and amends the text to clarify that the provisions of 10 U.S.C. 2393 regarding a ``compelling reason'' determination apply only to the conduct of business with entities that are debarred or suspended.
DoD published a proposed rule at 65 FR 32065 on May 22, 2000. DoD received no public comments on the proposed rule. The proposed rule is converted to 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 pertains only to the exceptional situations where there is a need to conduct business with entities that are debarred or suspended or, because of a violation of the Clean Air Act or the Clean Water Act, are ineligible for award.
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 209 and 223
Government procurement. Michele P. Peterson, Executive Editor, Defense Acquisition Regulations Council.
Therefore, 48 CFR Parts 209 and 223 are amended as follows:
Pollution Control and Clean Air and Water DFARS Case 2000-D004 Final Rule
PART 209-CONTRACTOR QUALIFICATIONS
* * * * *
SUBPART 209.4-DEBARMENT, SUSPENSION, AND INELIGIBILITY
* * * * *
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] on the list of parties excluded from procurement programs, it shall [must] provide written notice of the determination to the General Services Administration, Office of Acquisition Policy. Examples of compelling reasons are-
(1[i]) Only a [debarred or suspended] listed contractor can provide the supplies or services;
(2[ii]) Urgency requires contracting with a [debarred or suspended] listed contractor;
(3[iii]) The contractor and a department or agency have an agreement covering the same events which [that] resulted in the [debarment or suspension] listing and the agreement includes the department/[or] agency decision not to debar or suspend the contractor; or
(4[iv]) The national defense requires continued business dealings with the [debarred or suspended] listed 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 contractors that are declared ineligible for award of a contract or subcontract 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 40 CFR 32.215(b), the agency head may grant an exception permitting award to a Code "H" ineligible contractor if it is in the paramount interest of the United States.
(A) The agency head may delegate this exception 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 exception must provide written notice to the Environmental Protection Agency debarring official.]
* * * * *
PART 223-ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKFORCE
SUBPART 223.1-POLLUTION CONTROL AND CLEAN AIR AND WATER
223.104 Exemptions.
(c) 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. For the defense agencies, this is the Under Secretary of Defense (Acquisition & Technology).
[Federal Register: August 31, 2000 (Volume 65, Number 170)]
DEPARTMENT OF DEFENSE
48 CFR Parts 201, 202, 208, 211, 215, 219, 222, 225, 226, 242, 252, and 253, and
Appendices F and G to Chapter 2
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 reflect the establishment of the Defense Contract Management Agency (DCMA) and DCMA's renaming of its contract
administration offices to contract management offices. In addition, the amendments update references and activity addresses and delete obsolete text.
EFFECTIVE DATE: August 31, 2000.
FOR FURTHER INFORMATION CONTACT: Ms. Michele Peterson, Defense Acquisition Regulations Council, OUSD (AT&L) 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, 208, 211, 215, 219, 222, 225, 226, 242, 252, and 253
Government procurement. Michele P. Peterson, Executive Editor, Defense Acquisition Regulations Council.
Therefore, 48 CFR Parts 201, 202, 208, 211, 215, 219, 222, 225, 226, 242, 252, and 253, and Appendices F and G to Chapter 2 are amended as follows:
DFARS Technical Amendments
PART 201-FEDERAL ACQUISITION REGULATIONS SYSTEM
* * * * *
201.404 Class deviations.
(b) * * *
(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-
* * * * *
PART 202-DEFINITIONS OF WORDS AND TERMS
202.101 Definitions.
* * * * *
["Contract administration office" also means a contract management office of the Defense Contract Management Agency.]
* * * * *
"Contracting activity" for DoD also means * * *
* * * * *
NAVY
* * * * *
Installations and Logistics, Headquarters, U.S[.] Marine Corps
[DEFENSE CONTRACT MANAGEMENT AGENCY
* * * * *
DEFENSE LOGISTICS AGENCY
Office of the Commander, Defense Contract Management Command
* * * * *
"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 Contract Management Agency,] the Defense Finance and Accounting Service, the Defense Information Systems Agency, the Defense Intelligence Agency, the Defense Security Service, the Defense Logistics Agency, the National Imagery and Mapping Agency, the Defense Threat Reduction Agency, the National Security Agency, the Ballistic Missile Defense Organization, and the United States Special Operations Command.
* * * * *
PART 208-REQUIRED SOURCES OF SUPPLIES AND SERVICES
* * * * *
208.7002-2 Requiring department responsibilities.
The requiring department is responsible for-
* * * * *
(b) Providing the acquiring department-
* * * * *
(8) A statement as to whether used or reconditioned material, former Government surplus property, or residual inventory will be acceptable, and if so-
(i) A list of any supplies that need not be new; and
(ii) The basis for determining the acceptability of such supplies, including an analysis of the factors at FAR 10.010(b) [(see FAR 11.302(b))];
(9) A statement as to whether the acquiring department may exceed the total MIPR estimate, and if so, by what amount; [and]
(10) Unless otherwise agreed between the departments, an original and six copies of each MIPR and its attachments (except specifications, drawings, and other data); and[.]
(11) A list of all persons who have had access to proprietary or source selection information (see FAR 3.104-9(e)).
* * * * *
SUBPART 208.73--USE OF GOVERNMENT-OWNED PRECIOUS METALS
208.7301 Definitions.
* * * * *
"Precious Metals Indicator Code (PMIC)" means a single[-]digit, alpha-numeric code assigned to national stock numbered items in T[t]he Defense Integrated Data System Total Item Record used to indicate the presence or absence of precious metals in the item. PMICs and the content value of corresponding items are listed in DoD 4100.39-M, Defense Integrated Data System (DIDS) [Federal Logistics Information System (FLIS)] Procedures Manual, [Volume 10,] Chapter 10[4], Table 160.
* * * * *
208.7302 Policy.
DoD policy is for maximum participation in the Precious Metals Recovery Program (PMRP). DoD components shall furnish recovered precious metals contained in the DISC [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. (See DoDD 4160.22, Recovery and Utilization of Precious Metals.)
208.7303 Procedures.
* * * * *
(b) When an offeror advises of a precious metals requirement, the contracting officer shall use the procedures in Chapter X[11] of DoD 4160.21-M, Defense Utilization and Disposal [Materiel Disposition] Manual, to determine availability of required precious metal assets and current government-furnished materiel (GFM) unit prices. * * *
* * * * *
208.7304 Refined precious metals.
The following refined precious metals are currently managed by DISC [DSCP]:
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 X[11], DoD 4160.21-M, Defense Utilization and Disposal [Materiel Disposition] Manual.
* * * * *
PART 211-DESCRIBING AGENCY NEEDS
* * * * *
211.273-2 Policy.
* * * * *
(b) DoD acceptance of an SPI process follows the decision of a Management Council, which includes representatives of the contractor, the Defense Contract Management Command [Agency], the Defense Contract Audit Agency, and the military departments.
* * * * *
PART 215-CONTRACTING BY NEGOTIATION
* * * * *
215.404-76 Reporting profit and fee statistics.
* * * * *
(g) These reporting requirements have been assigned r[R]eport c[C]ontrol s[S]ymbol: A&T [DD-AT&L](Q)1751.
* * * * *
215.407-4 Should-cost review.
* * * * *
(c) Overhead should-cost review.
(1) Contact the DCMC/DLA Overhead Center, Fort Belvoir, VA 22060-6221, at (703) 767-3387, [Defense Contract Management Agency (DCMA) (http://www.dcmc.hq.dla.mil/)] for questions on overhead should-cost analysis.
(2)(A) The Defense Contract Management Command/Defense Logistics Agency (DCMC/DLA), [DCMA] or the military department responsible for performing contract administration functions (e.g., Navy SUPSHIP), should consider, based on risk assessment, performing an overhead should-cost review of a contractor business unit (as defined in FAR 31.001) when all of the following conditions exist:
* * * * *
(C) * * * The extent of availability of military department, contract administration, and contract audit resources to support DCMC/DLA-led teams should be considered when determining whether a review will be conducted. * * *
* * * * *
PART 219-SMALL BUSINESS PROGRAMS
* * * * *
219.708 Solicitation provisions and contract clauses.
(b) * * *
(2) In contracts with contractors which [that] have comprehensive subcontracting plans approved under the test program described in 219.702(a), do not use the clause at FAR 52.219-16, Liquidated Damages-Small Business Subcontracting Plan.
* * * * *
PART 222-APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
* * * * *
222.101-3-70 Impact of labor disputes on defense programs.
* * * * *
(b) Each contracting activity involved shall obtain and develop data reflecting the impact of a labor dispute on its requirements and programs. Upon determining the impact, the head of the contracting activity shall submit a report of findings and recommendations to the labor advisor. This reporting requirement is assigned Report Control Symbol DD-ACQ[AT&L](AR)1153. The report must be in narrative form and must include-
* * * * *
PART 225-FOREIGN ACQUISITION
* * * * *
225.802-70 Contracts for performance outside the United States and Canada.
(a) When a purchasing activity anticipates placement of a contract for performance outside the United States or Canada and the contracting activity is not under the command jurisdiction of a unified or specified command for the country involved, the purchasing activity shall maintain liaison with the cognizant contract administration office (CAO) (as specified in DLAH 4105.5) during preaward negotiations and postaward administration. The CAO will provide pertinent information for contract negotiations, effect appropriate coordination, and obtain required approvals for the performance of the contract.
* * * * *
225.870-1 General.
* * * * *
(e) * * *
(2) * * * Requests for audit on non-Canadian Commercial Corporation contracts should be routed through the cognizant contract administration [management] office of [the] Defense Contract Management Command [Agency].
* * * * *
225.870-5 Contract administration.
(a) * * * When contract administration is performed in Canada by the cognizant contract administration [management] office of the Defense Contract Management Command [Agency], the paying office to be named in the contract for disbursement of DoD funds (DoD Department Code: 17-Navy; 21-Army; 57-Air Force; 97-all other DoD components), whether payment is in Canadian or U.S. dollars, shall be:
* * * * *
225.902 Procedures.
(a[1]) * * *
(2) * * *
(i) * * *
(D) Within 20 days after receiving the notification of purchase of foreign supplies, forward the following information in the format indicated to the Commander, DCMC New York, ATTN: Customs Team, DCMDE-GNIC, 207 New York Avenue, [Building 120,] Staten Island, NY 10305-5013:
* * * * *
(E) If a contract modification results in a change to any data verifying duty-free entitlement previously furnished, forward a revised notification including the changed data to DCMC New York.
(ii) The responsibility for issuing duty-free entry certificates for foreign supplies purchased under a DoD contract or subcontract rests with the Customs Team, DCMDE-GNIC, DCMC New York. Upon receipt of import documentation for incoming shipments from the contractor, its agent, or the U.S. Customs Service, DCMC New York will verify the duty-free entitlement and execute the duty-free entry certificate.
* * * * *
225.7002 Restrictions on food, clothing, fabrics, specialty metals, and hand or measuring tools.
* * * * *
225.7002-2 Exceptions.
Acquisitions in the following categories are not subject to the restrictions in 225.7002-1-
* * * * *
(d) Acquisitions of those supplies listed in FAR 25.108(d)(1)[104(a)], unless the supplies are hand or measuring tools.
* * * * *
225.7019 Restrictions on ball and roller bearings.
* * * * *
225.7019-2 Exceptions.
* * * * *
(b) The restriction in 225.7019-1(b) does not apply to contracts for acquisition of commercial items or subcontracts for acquisition of commercial items or commercial components (see 212.503(a)(xi) and 212.504(a)(xxvi)).
* * * * *
PART 226-OTHER SOCIOECONOMIC PROGRAMS
* * * * *
226.104 Contract clause.
Use the following prescription instead of the prescription at FAR 26.104(a):
(a) Use the clause at FAR 52.226-1, Utilization of Indian Organizations and Indian-Owned Economic Enterprises, in solicitations and contracts that-
(1) Do not use FAR Part 12 procedures; and
(2) Are for supplies or services expected to exceed the simplified acquisition threshold.
* * * * *
PART 242-CONTRACT ADMINISTRATION AND AUDIT SERVICES
242.002 Interagency agreements.
* * * * *
(S-70) * * *
(iii) Other foreign governments (including Canadian government organizations other than SSC) and international organizations send their requests for contract administration services to the DoD Central Control Point (CCP) at the [Headquarters,] Defense Contract Management Command [Agency] (DCMC), [International and Federal Team] New York, NY. Contract administration offices provide services only upon request from the CCP. * * *
* * * * *
242.202 Assignment of contract administration.
(a) * * *
(ii) Contract administration functions for base, post, camp, and station contracts on a military installation are normally the responsibility of the installation or tenant commander. However, the Defense Contract Management Command [Agency] (DCMC[A]) shall, upon request of the military department, and subject to prior agreement, perform contract administration services on a military installation.
(iii) DCMC[A] shall provide preaward survey assistance for post, camp, and station work performed on a military installation. The contracting office and the DCMC[A] preaward survey monitor should jointly determine the scope of the survey and individual responsibilities.
* * * * *
242.302 Contract administration functions.
(a) * * *
(13)(A) Do not delegate the responsibility to make payments to the Defense Contract Management Command [Agency] (DCMC[A]).
(B) For contracts assigned to DCMC[A] for contract administration, designate as the payment office-
* * * * *
(C) For contracts not assigned to DCMC[A], select a payment office or offices under department/agency procedures. DoD personnel may use the DFAS Reference Tool, available via the Internet at http://referencetool.dfas.mil, to identify cognizant DFAS payment offices.
* * * * *
(41) The Defense Contract Management Command (DCMC)
[DCMA] has responsibility for reviewing earned value management system (EVMS) plans and verifying initial and continuing contractor compliance with DoD EVMS criteria.
* * * * *
242.771-3 Responsibilities.
* * * * *
(b) The Defense Contract Management Command of the Defense Logistics Agency or the military department responsible for performing contract administration functions is responsible for providing the Defense Contract Audit Agency (DCAA) with IR&D/B&P statistical information, as necessary, to assist DCAA in the annual report required by paragraph (c) of this subsection.
* * * * *
SUBPART 242.73--CONTRACTOR INSURANCE/PENSION REVIEW
* * * * *
242.7301 General.
(a) The administrative contracting officer (ACO) is responsible for determining the allowability of insurance/pension costs in Government contracts. Defense Logistics Agency (DLA) [Defense Contract Management Agency (DCMA)] insurance/pension specialists and Defense Contract Audit Agency (DCAA) auditors assist ACOs in making these determinations by conducting CIPRs.
* * * * *
(2) A special CIPR is a joint DLA [DCMA]/DCAA review that concentrates on specific areas of the contractor's insurance program, pension plan, or other deferred compensation plan.
(b) DLA [DCMA] is the DoD Executive Agency for the performance of all CIPRs conducted under 242.7302.
242.7302 Requirements.
(a)(1) A CIPR shall be conducted only when-
(i) A contractor has $40 million of qualifying sales to the Government during the contractor's preceding fiscal year; and
(ii) The ACO, with advice from DLA [DCMA] insurance/pension specialists and DCAA auditors, determines a CIPR is needed based on a risk assessment of the contractor's past experience and current vulnerability.
* * * * *
242.7303 Responsibilities.
(a) The ACO is responsible for-
(1) Determining the need for a CIPR under 242.7302;
(2) Requesting and scheduling the reviews with the appropriate DLA [DCMA] activity;
(3) Notifying the contractor of the proposed date and purpose of the review, and obtaining any preliminary data needed by the DLA [DCMA] insurance/pension specialist or the DCAA auditor;
* * * * *
(b) The DLA [DCMA] insurance/pension specialist is responsible for-
* * * * *
PART 252-SOLICITATION PROVISIONS AND CONTRACT CLAUSES
* * * * *
252.211-7005 Substitutions for Military or Federal Specifications and Standards.
As prescribed in 211.273-4, use the following clause:
SUBSTITUTIONS FOR MILITARY OR FEDERAL SPECIFICATIONS AND STANDARDS (MAR 1999 [AUG 2000])
(a) * * * Under SPI, these processes are reviewed and accepted by a Management Council, which includes representatives of the Contractor, the Defense Contract Management Command [Agency], the Defense Contract Audit Agency, and the military departments.
(b) Offerors are encouraged to propose SPI processes in lieu of military or Federal specifications and standards cited in the solicitation. A listing of SPI processes accepted at specific facilities is available via the Internet in PDF format at http://www.dcmc.hq.dla.mil/spi/dbreport/modified.pdf
[http://www.dcmc.hq.dla.mil/dcmc_o/oc/spi/files/dbreport/files/modified…] and in Excel format at http://www.dcmc.hq.dla.mil/ spi/dbreport/modified.xls [http://www.dcmc.hq.dla.mil/dcmc_o/oc/spi/files/dbreport/files/modified…].
* * * * *
252.225-7009 Duty-Free Entry--Qualifying Country Supplies (End Products and Components).
As prescribed in 225.1101(8), use the following clause:
DUTY-FREE ENTRY--QUALIFYING COUNTRY SUPPLIES (END PRODUCTS AND COMPONENTS (MAR 1998 [AUG 2000])
* * * * *
(f) * * *
(2) Include the following information-
* * * * *
(iv)(A) * * * Upon arrival of shipment at the appropriate port of entry, District Director of Customs, please release shipment under 19 CFR part 142 and notify Commander, Defense Contract Management Command (DCMC) New York, ATTN: Customs Team, DCMDN-GNIC, 207 New York Avenue, [Building 120,] Staten Island, New York, 10305-5013, for execution of Customs Forms 7501, 7501A, or 7506 and any required duty-free entry certificates.
(B) In cases where the shipment will be consigned to other than a military installation, e.g., a domestic contractor's plant, the shipping document notation shall be altered to insert the name and address of the contractor, agent or broker who will notify Commander, Defense Contract Management Command (DCMC) New York, for execution of the duty-free certificate.
* * * * *
(vii) Activity Address Number of the contract administration office actually administering the prime contract, e.g., for DCMC Dayton, S3605A.
(g) Preparation of customs forms.
(1) Except for shipments consigned to a military installation, the Contractor shall prepare, or authorize an agent to prepare, any customs forms required for the entry of foreign supplies in connection with DoD contracts into the United States, its possessions, or Puerto Rico. The completed customs forms shall be submitted to the District Director of Customs with a copy to DCMC NY [New York] for execution of any required duty-free entry certificates. Shipments consigned directly to a military installation will be released in accordance with 10.101 and 10.102 of the U.S. Custom regulations.
* * * * *
252.225-7010 Duty-Free Entry--Additional Provisions.
As prescribed in 225.1101(9), use the following clause:
DUTY-FREE ENTRY--ADDITIONAL PROVISIONS (MAR 1998 [AUG 2000])
* * * * *
(e) To properly complete the shipping document instructions as required by paragraph (f) of the Duty-Free Entry clause, the Contractor shall insert Defense Contract Management Command (DCMC) New York, ATTN: Customs Team, DCMDN-GNIC, 207 New York Avenue, [Building 120,] Staten Island, New York, 10305-5013, as the cognizant contract administration office (for paragraph (f) only) in those cases when the shipment is consigned directly to a military installation. When the shipment will be consigned to a location other than a military installation, e.g., a domestic contractor's plant, change the shipping document notation required by paragraph (f) of the clause to insert the name and address of the Contractor, agent or broker that will prepare the customs documentation for execution of the Duty-Free Entry certificates. In either case, the shipping documents will contain the following items in addition to those required by paragraph (f) of the Duty-Free Entry clause:
* * * * *
(3) Activity address number of the contract administration office actually administering the prime contract, e.g., for DCMC Dayton, S3605A.
(f) * * * The Contractor shall submit the completed customs forms to the District Director of Customs with a copy to DCMC New York for execution of any required duty-free entry certificates.
* * * * *
252.225-7012 Preference for Certain Domestic Commodities.
As prescribed in 225.7002-3(a), use the following clause:
PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (MAY 1999 [AUG 2000])
* * * * *
(b) This clause does not apply-
(1) To supplies listed in FAR 25.108(d)(1)[104(a)], or other supplies for which the Government has determined that a satisfactory quality and sufficient quantity cannot be acquired as and when needed at U.S. market prices;
* * * * *
252.225-7037 Duty-Free Entry--Eligible End Products.
As prescribed in 225.1101(14), use the following clause:
DUTY-FREE ENTRY--ELIGIBLE END PRODUCTS (MAR 1998 [AUG 2000])
* * * * *
(f) All shipping documents submitted to Customs, covering eligible end products for which duty-free entry certificates are to be issued under this clause, shall-
* * * * *
(2) * * *
(iv)(A) * * * Upon arrival of shipment at the appropriate port of entry, District Director of Customs, please release shipment under 19 CFR part 142, and notify Commander, Defense Contract Management Command (DCMC) New York, ATTN: Customs Team, DCMDN-GNIC, 207 New York Avenue, [Building 120,] Staten Island, New York 10305-5013, for execution of Customs Forms 7501, 7501A, or 7506 and any required duty-free entry certificates.
(B) In cases where the shipment will be consigned to other than a military installation, e.g., a domestic contractor's plant, the shipping document notation shall be altered to insert the name and address of the contractor, agent or broker who will notify Commander, DCMC, NY [New York], for execution of the duty-free certificate. (Note: In those instances where the shipment will be consigned to a contractor's plant and no duty-free entry certificate is required, the contractor or its agent shall claim duty-free entry under NAFTA or other trade agreement and shall comply with the U.S. Customs Service requirements. No notification to Commander, DCMC, NY [New York], is required.[)]
* * * * *
(vii) Activity Address Number of the contract administration office actually administering the prime contract, e.g., for DCMC Dayton, S3605A.
(g) Preparation of customs forms.
(1) Except for shipments consigned to a military installation, the Contractor shall prepare, or authorize an agent to prepare, any customs forms required for the entry of eligible end products in connection with DoD contracts into the United States, its possessions, or Puerto Rico. The completed customs forms shall be submitted to the District Director of Customs with a copy to DCMC NY [New York] for execution of any required duty-free entry certificates.
* * *
* * * * *
PART 253-FORMS
TABLE OF CONTENTS
* * * * *
SUBPART 253.3--ILLUSTRATION OF FORMS
* * * * *
253.303-1348-1 DD Form 1348-1, Single Line Item Release/Receipt
Document.
[253.303-1348-1A Issue Release/Receipt Document.
253.303-1348-2 Issue Release/Receipt Document with Address
* * * * *
253.303-1651 DD Form 1651, Industrial Equipment Modernization
Program Post Analysis Report.
* * * * *
253.208-1 DD Form 448, Military Interdepartmental Purchase Request.
* * * * *
(c) Instructions for completion of DD Form 448.
* * * * *
(6) BLOCK 13--MAIL INVOICES TO. * * *
(i) Complete the block only if-
(A) The resulting contract is not to be paid by the Defense Contract Management Command or the Defense Finance Center [and Accounting Service]; and
* * * * *
(e) Change of a disbursing office cited on a DoD funded MIPR does not require a MIPR amendment when the resultant contract is assigned for administration to the Defense Contract Management Command [Agency]. * * *
* * * * *
253.213-70 Instructions for completion of DD Form 1155.
* * * * *
(e) Instructions for DD Form 1155 entries. * * *
BLOCK
* * * * *
19 SCHEDULE OF SUPPLIES/SERVICES - The schedule contains several elements of data. The order and arrangement of data in the schedule is mandatory for purchase and delivery orders assigned to DCMC [the Defense Contract Management Agency] or the military departments for administration and is encouraged for all orders.
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APPENDIX F-MATERIAL INSPECTION AND RECEIVING REPORT
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PART 3--PREPARATION OF THE DD FORM 250 AND DD FORM 250C
F-301 Preparation instructions.
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(b) Completion instructions.
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(2) Block 2--SHIPMENT NO.
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(ii) Reassign the shipment number of the initial shipment where a "Replacement Shipment" is involved (Block 16(d)(6)[see paragraph (b)(16)(iv)(F) of this section]).
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(16) Block 16--STOCK/PART NO./DESCRIPTION.
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(iii) For all contracts administered by [the] Defense Contract Management Command [Agency], with the exception of fast pay procedures, enter and complete the following:
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(21) Block 21--CONTRACT QUALITY ASSURANCE (CQA).
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(ii) When a shipment is authorized under alternative release procedure, attach or include the appropriate contractor signed certificate on the top copy of the DD Form 250 copies distributed to the payment office or attach or include the appropriate contractor certificate on the contract administration office copy when contract administration (Block 10 of the DD Form 250) is performed by the Defense Contract Management Command [Agency] (DCMC[A]).
(iii) When contract terms provide for use of Certificate of Conformance and shipment is made under these terms, the contractor shall enter "Certificate of Conformance" in Block 21A on the next line following the CQA and acceptance statements. Attach or include the appropriate contractor signed certificate on the top copy of the DD Form 250 copies distributed to the payment office or attach or include the appropriate certificate on the contract administration office copy when contract administration (Block 10 of the DD Form 250) is performed by DCMC[A]. In addition, attach a copy of the signed certificate to, or enter on, copies of the MIRR sent with shipment.
(iv) ORIGIN.
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(B) * * *
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(2) When acceptance is at origin and contract administration is performed by an office other than DCMC[A], the contractor shall furnish the four payment office copies of the MIRR to the authorized Government representative for dating and signing of one copy and forwarding of all copies to the payment office.
(3) When acceptance is at origin and contract administration is performed by DCMC[A], furnish the contract administration office copy of the MIRR to the authorized Government representative for dating and signing and forwarding to the contract administration office (see F-401, Table 1).
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(D) * * *
(1) For contracts administered by an office other than DCMC[A], furnish the four payment office copies of the MIRR to the authorized Government representative for dating and signing of one copy, and forwarding of all copies to the payment office.
(2) For contracts administered by DCMC[A], furnish the contract administration office copy of the MIRR to the authorized Government representative for dating and signing and forwarding to the contract administration office (see F-401, Table 1).
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PART 4--DISTRIBUTION OF DD FORM 250 AND DD FORM 250C
F-401 Distribution.
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* * * * *
APPENDIX G-ACTIVITY ADDRESS NUMBERS
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PART 4-MARINE CORPS ACTIVITY ADDRESS NUMBERS
M60050 Marine Corps Regional Contracting Office
MV COMCABWEST
Marine Corps Air Station
El Toro, CA 92709-5001
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M67400 Marine Corps Regional Contracting Officer (Far East)
QJ MCB [Marine Corps Base] Camp Smedley D. Butler
PSC 577, Box 2000, Building 355
Okinawa, Japan
FPO AP, NA 96379-2000
M67438 Contingency Contracting Office
Unit 3880401
3rd FSSG
FPO AP, NA 96604-8401
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[M67865 Contracting Office
J9 MCAS Miramar (Code 5KB)
PO Box 452007
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PART 5-AIR FORCE ACTIVITY ADDRESS NUMBERS
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F61521 USAFE CONS/LGC
UH,UJ Unit 3115
Ramstein AB APO AE 09094-3115
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[F63197 731 MUNSS/LGC
UJ Unit 7230, Box 49
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