DFARS Change 19981109

This change consists of two DFARS cases, 98-D018 and 98-D009.

[Federal Register: November 9, 1998 (Volume 63, Number 216)]

[Rules and Regulations]

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

DEPARTMENT OF DEFENSE

48 CFR Part 253

[DFARS Case 98-D009]

Defense Federal Acquisition Regulation Supplement; Contract

Action Reporting--1998

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 update and clarify contract action reporting requirements relating

to awards to Federal Prison Industries and government agencies, use of

letter contracts, definitization of contracts, orders under agreements

and Federal Supply Schedules, simplified acquisition procedures, and

women-owned business status.

EFFECTIVE DATE: November 9, 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-D009.

SUPPLEMENTARY INFORMATION:

A. Background

DoD uses DD Form 350, Individual Contracting Action Report, to

collect data on contracting actions that obligate or deobligate more

than $25,000. This final rule updates and clarifies the DD Form 350

coding instructions at DFARS 253.204-70 (b) and (d).

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-D009.

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 253

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition Regulations Council.

Final Rule

Contract Action Reporting--1998

DFARS Case 98-D009

PART 253--FORMS

* * * * *

SUBPART 253.2-PRESCRIPTION OF FORMS

* * * * *

253.204-70 DD Form 350, Individual Contracting Action Report.

* * * * *

(b) Part B of the DD Form 350. Part B identifies the transaction.

* * * * *

(5) BLOCK B5, CONTRACTOR IDENTIFICATION INFORMATION.

* * * * *

(ii) Some of the parts of Block B5 may not apply to the action being reported. Follow the instructions for each part.

(A) BLOCK B5A, CONTRACTOR IDENTIFICATION NUMBER.

Enter the contractor's 9-position Data Universal Numbering System (DUNS) number (see FAR 4.602(d) and 4.603). [For all actions with UNICOR/Federal Prison Industries, use DUNS number 62-662-7459.]

* * * * *

(B) BLOCK B5B, GOVERNMENT AGENCY.

Enter one of the following codes:

(1) Code Y - Yes. Enter code Y when the contractor is a Federal/State/local government agency [of the United States and outlying areas (see 204.670-1(d)). Do not use code Y when the government agency is an educational institution].

(2) Code N - No. Enter code N when code Y does not apply.

* * * * *

(13) BLOCK B13, KIND OF CONTRACTING ACTION.

Some of the parts of Block B13 may not apply to the action being reported. Follow instructions for each part. When the contracting action is a modification, complete Blocks B13A and B13D.

(i) BLOCK B13A, CONTRACT/ORDER.

Enter one of the following codes:

(A) Code 1 - Letter Contract. Enter code 1 when the contracting action is a letter contract. [or] When the contracting action is a modification to a letter contract that has not been definitized, enter code 1 in B13A.

(B) Code 3 - Definitive Contract. Enter code 3 when the contracting action is the award [or modification] of a definitive contract. When the contracting action definitizes a letter contract or is a modification to a definitive contract, enter code 3 in B13A.[or a modification that definitizes a contract.] Code 3 includes the following:

(1) Definitive contract awards under the Small Business Administration 8(a) program.

(2) Notices of award.

(3) Lease agreements.

(4) Indefinite delivery-definite quantity contracts (FAR 52.216-20).

(5) Indefinite delivery-indefinite quantity contracts (FAR 52.216-22) when funds are obligated by the contract itself.

Code 3 excludes orders from the Procurement List (see codes 6 and 8).

* * * * *

(C) Code 4 - Order under an Agreement. Enter code 4 when the contracting action is an order or definitization of an order under an agreement other than a blanket purchase agreement. Examples include an order exceeding $25,000 under a basic ordering agreement or a master ship repair agreement and a job order when the contract is created by issuing the order. A call under a blanket purchase agreement associated with a Federal Supply Schedule, pursuant to FAR 13.202(c)(3) [8.404(b)(4)], is coded 6. A call under other blanket purchase agreements, pursuant to FAR Subpart 13.2 [13.303], is coded 9. When the contracting action is a modification to an order described in code 4 instructions, enter code 4 in B13A.

* * * * *

(E) Code 6 - Order/Call under Federal Schedule. Enter code 6 if the contracting action is [an order under a GSA or VA Federal Supply Schedule, or a call against] a blanket purchase agreement call established [under] with a [GSA or VA] Federal [Supply Schedule (see FAR 8.404).] schedule contractor pursuant to FAR 13.202(c)(3), or an order under a--

(1) Federal schedule (e.g., GSA, VA, or OPM) contract (FAR 8.401); or

(2) GSA ADP schedule contract.

Code 6 includes orders from [under Federal Supply Schedules for items on] the Procurement List under Federal schedules. When the contracting action is a modification to an order/call described in code 6 instructions, enter code 6 in B13A.

* * * * *

(G) Code 9 - Purchase Order/Call. Enter code 9 if the contracting action, including an action in a designated industry group under the Small Business Competitiveness Demonstration Program ([see] FAR Subpart 19.10), is an award pursuant to FAR Part 13, except when the contracting action is a blanket purchase agreement call pursuant to FAR 13.202(c)(3) [8.404(b)(4)] (see code 6). When the contracting action is a modification to a purchase order/call described in code 9 instructions, enter code 9 in B13A.

* * * * *

(iv) BLOCK B13D, MODIFICATION. If this action is a modification, enter one of the following codes. Otherwise, leave blank.

* * * * *

(I) Code J - Definitization of a Letter Contract. Enter code J if the contracting action is the definitization of a letter contract[, and enter code 3 in Block B13A].

* * * * *

(14) BLOCK B14, CICA APPLICABILITY.

Enter one of the following codes:

(i) Code A - Pre-CICA. Enter code A if the action resulted from a solicitation issued before

April 1, 1985. Modifications within the original scope of work of such awards and orders under pre-CICA indefinite delivery type contracts are reported as pre-CICA. In case of modifications issued on or after April 1, 1985, coded A in B13 or B13D, as appropriate, CICA is applicable to the modification, and these actions shall be coded B in Block B14.

(ii) Code B - CICA Applicable. Enter code B if the action resulted from a solicitation issued on or after April 1, 1985, and none of the following codes applies.

(iii) Code C - Simplified Acquisition Procedures Other than FAR Subpart 13.6 [13.5]. Enter code C if the action resulted from use of the procedures in FAR Part 13, other than those in Subpart 13.6 [13.5].

(iv) Code D - Simplified Procedures Pursuant to FAR Subpart 13.6 [13.5]. Enter code D if the action resulted from use of the procedures in FAR Subpart 13.6 [13.5].

* * * * *

(d) Part D of the DD Form 350.

* * * * *

(5) Complete Part D blocks as follows:

* * * * *

(vi) BLOCK D6, WOMEN-OWNED BUSINESS.

Enter one of the following codes:

(A) Code Y - Yes. Enter code Y if the response to FAR 52.204-5 or [,] 52.212-3(c) (Women-Owned Business Representation)[, or 52.219-1(b)] indicates that it is a women-owned business.

(B) Code N - No. Enter code N if the contractor's response to FAR 52.204-5 or [,] 52.212-3(c)[, or 52.219-1(b)] indicates that it is not a women-owned business.

(C) Code U - Uncertified. Enter code U if the information is not available because the contractor did not complete the representation under FAR 52.204-5 or[,] 52.212-3(c)[, or 52.219-1(b)].

· * * * *

[Federal Register: November 9, 1998 (Volume 63, Number 216)]

[Rules and Regulations]

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

DEPARTMENT OF DEFENSE

48 CFR Part 253

[DFARS Case 98-D018]

Defense Federal Acquisition Regulation Supplement; Contract

Action Reporting--Reform of Affirmative Action

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 update contract action reporting requirements relating to programs

for small business and small disadvantaged business concerns.

EFFECTIVE DATE: November 9, 1998.

FOR FURTHER INFORMATION CONTACT:

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

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

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

Case 98-D018.

SUPPLEMENTARY INFORMATION:

A. Background

Dod uses DD Form 350, Individual Contracting Action Report, to

collect data on contracting actions that obligate or deobligate more

than $25,000. This final rule removes certain data collection requirements at DFARS 253.204-70(e) to reflect recent changes to DFARS guidance concerning

programs for small disadvantaged business concerns (63 FR 41972, August

6, 1998), and the expiration of statutory provisions that permitted

nonprofit agencies employing people who are blind or severely disabled

to participate in acquisitions set aside for small business concerns.

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-D018.

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 253

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition Regulations Council.

Final Rule

Contract Action Reporting--Reform of Affirmative Action

DFARS Case 98-D018

PART 253--FORMS

* * * * *

SUBPART 253.2--PRESRCIPTION OF FORMS

* * * * *

253.204-70 DD Form 350, Individual Contracting Action Report.

* * * * *

(e) Part E of the DD Form 350. Part E gathers data on specialized items that may not become permanent reporting elements.

(1) BLOCK E1, PREFERENCE AWARD VALUE. [Reserved.]

(i) Complete Block E1 if code F was entered in Block D4B and Block B13D is blank. Otherwise, leave Block E1 blank.

(ii) Enter the dollar amount (i.e., contract face value) of the award. Use whole dollars.

(2) BLOCK E2, SET-ASIDE VALUE. [Reserved.]

(i) Complete Block E2 only if the contracting action is with a qualified nonprofit agency employing people who are blind or severely disabled and was awarded as a result of the agency's participation in a total or partial small business set-aside (FAR 19.501(h)). Otherwise, leave Block E2 blank.

(ii) Enter the dollar amount (i.e., contract face value) of the set-aside portion of the award. Use whole dollars.

(3) BLOCK E3, NEXT LOW OFFER. [Reserved.]

(i) Complete Block E3 only if Block E1 or E2 is completed. Otherwise, leave Black E3 blank.

(ii) If Block E1 or E2 is completed, enter the offered price from the small business firm that would have been the low offeror if qualified nonprofit agencies employing people who are blind or severely disabled had not participated in the acquisition.

(4) BLOCK E4, CONTINGENCY OPERATION. Enter code Y in Block E4 if the contracting action is in support of a contingency operation, as defined in 213.101, and the action exceeds the simplified acquisition threshold for contingency operations (see 213.000). Otherwise, leave Block E4 blank.

(5) BLOCK E5 - BLOCK E8. Reserved.

* * * * *