# PART 1204 - ADMINISTRATIVE AND INFORMATION MATTERS

Authority: 5 U.S.C. 301; 41 U.S.C. 1121(c)(3); 41 U.S.C. 1702; and 48 CFR 1.301 through 1.304.

Source: 87 FR 61159, Oct. 7, 2022, unless otherwise noted.

Subpart 1204.1 - Contract Execution

1204.103 Contract clause.

Subpart 1204.5 - Electronic Commerce in Contracting

1204.502 Policy.

Subpart 1204.8 - Government Contract Files

1204.801 General.

1204.804 Closeout of contract files.

1204.804-5 Procedures for closing out contract files.

1204.804-570 Supporting closeout documents.

Subpart 1204.9 - Taxpayer Identification Number Information

1204.903 Reporting contract information to the IRS.

Subpart 1204.13 - Personal Identity Verification

1204.1301 Policy.

1204.1303 Contract clause.

Subpart 1204.17 - Service Contracts Inventory

1204.1703 Reporting requirements.

## Subpart 1204.1 - Contract Execution

### 1204.103 Contract clause.

The contracting officer shall insert the clause at FAR 52.204-1, Approval of Contract, filled in as appropriate, in solicitations and contracts when approval to award the resulting contract must be obtained from an official at a level above the contracting officer.

## Subpart 1204.5 - Electronic Commerce in Contracting

### 1204.502 Policy.

(c) DOT's preferred policy is to use electronic signatures, records and communication methods in lieu of paper transactions whenever practicable. Before using electronic commerce, the HOA and OA shall ensure that the OA systems are capable of ensuring authentication and confidentiality commensurate with the risk of unauthorized access to or modification of the information.

## Subpart 1204.8 - Government Contract Files

### 1204.801 General.

(a) The COCO is designated as the head of each office performing contracting and contract administration functions. The Chief Financial Officer (CFO) of the OA is designated as the head of the office performing paying functions.

### 1204.804 Closeout of contract files.

### 1204.804-5 Procedures for closing out contract files.

### 1204.804-570 Supporting closeout documents.

(a) When applicable and prior to contract closeout, the contracting officer shall obtain the listed DOT and Department of Defense (DOD) forms (see paragraphs (a)

(1) through (4) of this section) from the contractor to facilitate contract closeout. See part 1253 for links to forms.

(1) Form DOT F 4220.4, Contractor's Release, see FAR 52.216-7;

(2) Form DOT F 4220.45, Contractor's Assignment of Refunds, Rebates, Credits and Other Amounts, see FAR 52.216-7;

(3) Form DOT F 4220.46, Cumulative Claim and Reconciliation Statement, see FAR 4.804-5(a)(13); and

(4) Department of Defense (DD) Form 882, Report of Inventions and Subcontracts, see FAR 52.227-14.

(b) The forms listed in paragraph (a) of this section are used primarily for the closeout of cost-reimbursement, time-and-materials, and labor-hour contracts. However, the forms may also be used for closeout of other contract types or when necessary to protect the Government's interest.

## Subpart 1204.9 - Taxpayer Identification Number Information

### 1204.903 Reporting contract information to the IRS.

(a) The SPE is authorized to report certain information, including Taxpayer Identification Number (TIN) data, to the Internal Revenue Service (IRS).

## Subpart 1204.13 - Personal Identity Verification

### 1204.1301 Policy.

(a) DOT follows National Institute of Standards and Technology (NIST) Federal Information Processing Standards (FIPS) Publication (PUB) Number 201-2, Personal Identity Verification (PIV) of Federal Employees and Contractors, and OMB implementation guidance for personal identity verification, for all affected contractor and subcontractor personnel when contract performance requires contractors to have routine physical access to a federally-controlled facility and/or routine physical and logical access to a federally-controlled information system.

(c) OAs must designate an official responsible for verifying contractor employees' personal identity.

### 1204.1303 Contract clause.

The contracting officer shall insert the clause at 1252.204-70, Contractor Personnel Security and Agency Access, in solicitations and contracts (including task orders, if appropriate), exceeding the micro-purchase threshold, when contract performance requires contractors to have routine physical access to a federally-controlled facility and/or routine physical and logical access to a Departmental/federally-controlled information system.

## Subpart 1204.17 - Service Contracts Inventory

### 1204.1703 Reporting requirements.

(b)(2) The OSPE is responsible for compiling and submitting the DOT annual inventory to OMB and for posting and publishing the inventory consistent with FAR 4.1703(b)(2).