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

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201.303 Publication and codification.

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201.402 Policy.

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PART 202-DEFINITIONS OF WORDS AND TERMS

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202.101 Definitions.

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DoD contracting activities are-

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Logistics Support Command]

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"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.

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PART 204-ADMINISTRATIVE MATTERS

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204.201 Procedures.

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204.202 Agency distribution requirements.

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204.402 General.

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204.670-1 Definitions.

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204.670-3 Contracting office responsibilities.

(a) * * *

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204.670-6 Types of DD Form 350 reports.

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(b) * * *

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204.7003 Basic PII number.

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[(L)]

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PART 207-ACQUISITION PLANNING

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207.105 Contents of written acquisition plans.

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PART 208-REQUIRED SOURCES OF SUPPLIES AND SERVICES

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208.7002 Assignment authority.

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(1) To the departments and agencies; and

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

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

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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-

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PART 209-CONTRACTOR QUALIFICATIONS

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209.403 Definitions.

"Debarring official."

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PART 211-DESCRIBING AGENCY NEEDS

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211.201 Identification and availability of specifications.

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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].

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PART 212-ACQUISITION OF COMMERCIAL ITEMS

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

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PART 214-SEALED BIDDING

TABLE OF CONTENTS

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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.

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214.407-3 Other mistakes disclosed before award.

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PART 215-CONTRACTING BY NEGOTIATION

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215.304 Evaluation factors and significant subfactors.

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

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

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PART 219-SMALL BUSINESS PROGRAMS

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219.703 Eligibility requirements for participating in the program.

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219.705-2 Determining the need for a subcontracting plan.

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

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223.370-4 Procedures.

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PART 225-FOREIGN ACQUISITION

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225.102 Policy.

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225.302 Policy.

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225.402 Policy.

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225.405 Procedures.

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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).

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225.873-2 Procedures.

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PART 227-PATENTS, DATA, AND COPYRIGHTS

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227.7004 Requirements for filing an administrative claim for patent infringement.

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PART 232-CONTRACT FINANCING

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232.906 Contract financing payments.

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PART 235-RESEARCH AND DEVELOPMENT CONTRACTING

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235.070-1 Indemnification under research and development contracts.

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PART 236-CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

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236.604 Performance evaluation.

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PART 242-CONTRACT ADMINISTRATION

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242.1203 Processing agreements.

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PART 245-GOVERNMENT PROPERTY

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245.302-1 Policy.

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245.310 Providing agency-peculiar property.

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245.405 Contracts with foreign governments or international organizations.

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245.7203 Assigning plant clearance case numbers.

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PART 246-QUALITY ASSURANCE

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246.710 Contract clauses.

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PART 249-TERMINATION OF CONTRACTS

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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-

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249.7001 Congressional notification on significant contract terminations.

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PART 250-EXTRAORDINARY CONTRACTUAL ACTIONS

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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:

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(3)

Navy--

Assistant Secretary of the Navy (RD&A)

ATTN: Procurement Policy [Deputy for Acquisition and Business Management]

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(9)

Defense [National Imagery and] Mapping Agency--

Director, DMA [NIMA]

ATTN: AQ

(10)

Defense Special Weapons [Threat Reduction] Agency--

Director, DSWA [DTRA]

ATTN: AM

(11)

National Security Agency--

Director, NSA

(12)

On-Site Inspection Agency--

Director, OSIA

ATTN: DSP

(13)

Ballistic Missile Defense Organization--

Director, BMDO

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PART 252-SOLICITATION PROVISIONS AND CONTRACT CLAUSES

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SUBPART 252.2--TEXTS OF PROVISIONS AND CLAUSES

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252.209-7003 Compliance with Veterans' Employment Reporting Requirements.

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

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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])

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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])

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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])

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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])

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

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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:

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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])

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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].

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252.243-7000 Engineering Change Proposals.

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

ENGINEERING CHANGE PROPOSALS (OCT 1998[SEP 1999])

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

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PART 253-FORMS

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253.209-1 Responsible prospective contractors.

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End of DCN