DFARS CHANGE NOTICE 20001025

DEPARTMENT OF DEFENSE

48 CFR Part 219

[DFARS Case 2000-D021]

Defense Federal Acquisition Regulation Supplement; Update of Small Business Specialist Functions

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 policy pertaining to the functions of small business specialists at DoD contracting activities. The rule provides for small business specialist review of all proposed acquisitions exceeding $10,000 in value.

EFFECTIVE DATE: October 25, 2000.

FOR FURTHER INFORMATION CONTACT: Ms. Susan Schneider, Defense Acquisition Regulations Council, OUSD (AT&L) DP (DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0326; telefax (703) 602-0350. Please cite DFARS Case 2000-D021.

SUPPLEMENTARY INFORMATION:

A. Background

Section 19.201(d) (10) of the Federal Acquisition Regulation (FAR) requires an Office of Small and Disadvantaged Business Utilization within a contracting activity to make recommendations as to whether an acquisition should be awarded under FAR Subpart 19.5 as a small business set-aside, under FAR Subpart 19.8 as a Section 8(a) award, or under FAR Subpart 19.13 as a HUBZone set-aside. The corresponding text at DFARS 219.201(d) required DoD small business specialists to review and make recommendations for all acquisitions over $10,000, except those restricted for exclusive small business participation. This final rule revises DFARS 219.201(d) to provide for small business specialist review of all acquisitions over $10,000, including those restricted for exclusive small business participation. This will permit small business specialists to make recommendations for Section 8(a) awards and HUBZone set-asides in accordance with FAR 19.201(d). The rule also makes editorial changes to update and clarify the text. This rule was not subject to Office of Management and Budget review

under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

This 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, DoD will consider comments from small entities concerning the affected DFARS subpart in accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 2000-D021.

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 Part 219

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

Therefore, 48 CFR Part 219 is amended as follows:

Update of Small Business Specialist Functions

DFARS Case 2000-D021

Final Rule

PART 219-SMALL BUSINESS PROGRAMS

* * * * *

219.201 General policy.

* * * * *

* * * * *

DEPARTMENT OF DEFENSE

48 CFR Appendix F to Chapter 2

[DFARS Case 2000-D008]

Defense Federal Acquisition Regulation Supplement; Material Inspection and Receiving Report

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 instructions for completion of the Material Inspection and Receiving Report. The rule adds requirements for inclusion of the title, mailing address, and telephone number of the Government official responsible for acceptance of supplies or services under a contract.

EFFECTIVE DATE: October 25, 2000.

FOR FURTHER INFORMATION CONTACT: Mr. Rick Layser, Defense Acquisition

Regulations Council, OUSD(AT&L)DP(DAR), IMD 3C132, 3062 Defense

Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0293; telefax

(703) 602-0350. Please cite DFARS Case 2000-D008.

SUPPLEMENTARY INFORMATION:

A. Background

Section 32.905(f)(6) of the Federal Acquisition Regulation (FAR) requires that receiving reports supporting invoice payments include the signature, printed name, title, mailing address, and telephone number of the Government official responsible for acceptance or approval functions. DD Form 250, Material Inspection and Receiving Report, has been revised to provide for inclusion of all information required by FAR 32.905(f)(6). This final rule amends the corresponding DD Form 250 preparation instructions in DFARS Appendix F. The rule also makes editorial changes to Appendix F to update and clarify the text.

DD Form 250 and other forms prescribed by the DFARS are not included in the Code of Federal Regulations. The forms are available via the Internet at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi http://www.acq.osd.mil/dp/dars/dfars/toc253_3.htm">http://www.acq.osd.mil/dp/dars/dfars/toc253_3.htm

This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

This 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, DoD will consider comments from small entities concerning the affected DFARS subpart in accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 2000-D008.

C. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the rule does not impose any new 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 Chapter 2

Government procurement.

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

Therefore, 48 CFR Appendix F to Chapter 2 is amended as follows:

Material Inspection and Receiving Report

DFARS Case 2000-D008

Final Rule

Appendix F--Material Inspection and Receiving Report

PART 1--INTRODUCTION

* * * * *

F-104 Application.

* * * * *

When acceptance is at destination, the receiving activity retains the shipping document(s) to verify the entries on the consignee copy of the DD Form 250 forwarded by the contractor (reference F-401, Table 1) before signing Block 21B[b].

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PART 3--PREPARATION OF THE DD FORM 250 AND DD FORM 250C

F-301 Preparation instructions.

to:[-]

* * * * *

* * * * *

* * * * *

F-308 Receiving instructions.

When the MIRR is used for receiving purposes, local directives shall prescribe procedures. If CQA and acceptance or acceptance of supplies is required upon arrival at destination, see Block 21B[F-301(b)(21)(v)] for instructions.

* * * * *

PART 4--DISTRIBUTION OF DD FORM 250 AND DD FORM 250C

F-401 Distribution.

* * * * *

(1) Signing of the DD Form 250 (Block 21A[a]) by the authorized Government

representative; or

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DEPARTMENT OF DEFENSE

48 CFR Parts 204, 207, 209, 219, 236, 242, and 252, and Appendices E, 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 to update titles, references, paragraph numbers, and activity names, addresses, and telephone numbers.

EFFECTIVE DATE: October 25, 2000.

FOR FURTHER INFORMATION CONTACT: Ms. Michele Peterson, Defense Acquisition Regulations Council, OUSD (AT&L) DP (DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0311; telefax (703) 602-0350.

List of Subjects in 48 CFR Parts 204, 207, 209, 219, 236, 242, and 252

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

Therefore, 48 CFR Parts 204, 207, 209, 219, 236, 242, and 252, and

Appendices E, F, and G to Chapter 2 are amended as follows:

DFARS Technical Amendments

PART 204-ADMINISTRATIVE MATTERS

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204.7202-1 CAGE codes.

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204.7204 Maintenance of the CAGE file.

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PART 207-ACQUISITION PLANNING

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207.105 Contents of written acquisition plans.

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(b) Plan of action.

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(13) Logistics considerations.

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(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. Also see DoD 4120.3[24]-M, Defense Standardization Program (DSP) Policies and Procedures.

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PART 209-CONTRACTOR QUALIFICATIONS

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209.202 Policy.

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PART 219-SMALL BUSINESS PROGRAMS

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219.202-5 Data collection and reporting requirements.

Determine the premium percentage to be entered in Item D4E[C] of the Individual Contracting Action Report (DD Form 350), (see 253.204-70), as follows-

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PART 236-CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

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236.570 Additional provisions and clauses.

(a) Use the following clauses in all fixed-price construction solicitations and contracts-

* * * * *

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236.701 Standard and optional forms for use in contracting for construction or dismantling, demolition, or removal of improvements.

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PART 242-CONTRACT ADMINISTRATION AND AUDIT SERVICES

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242.002 Interagency agreements.

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SUBPART 242.12-NOVATION AND CHANGE-OF-NAME AGREEMENTS

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242.1203 Processing agreements.

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National Aeronautics National Aeronautics and Space

and Space Administration

Administration Assistant [Associate] Administrator

* * * * *

* * * * *

242.1204 Agreement to recognize a successor in interest (novation agreement).

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PART 252-SOLICITATION PROVISIONS AND CONTRACT CLAUSES

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252.247-7015 Requirements.

As prescribed in 216.505[6](d), substitute the following paragraph (f) for paragraph (f) of the basic clause at FAR 52.216-21.

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APPENDIX E-DOD SPARE PARTS BREAKOUT PROGRAM

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EXHIBIT II--FULL SCREENING DECISION PROCESS SUMMARY FLOW CHART

NOTE: Copies of Exhibit II can be obtained from: Defense Acquisition Regulations System, OUSD(A&T[AT&L]),

[3062 Defense Pentagon,] Washington, DC 20301-3000[3062; datafax (703) 602-0350].

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APPENDIX F-MATERIAL INSPECTION AND RECEIVING REPORT

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PART 4--DISTRIBUTION OF DD FORM 250 AND DD FORM 250C

F-401 Distribution.

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MATERIAL INSPECTION AND RECEIVING REPORT

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TABLE 2

SPECIAL DISTRIBUTION

 

AS REQUIRED

ADDRESS

NUMBER OF COPIES

     

Each: Navy Status Control Activity, Army, Air Force, DLA Inventory Control Manager

Address specified in contract

1

Each addressee

     

Quality Assurance Representative

Address specified by the assigned quality assurance representative

1

     

Transportation Office issuing GBL (attach to GBL memorandum copy)

CAO address unless otherwise

specified in the contract

1

     

Purchasing Office other than office issuing contract

Address specified in the contract

1

     

Foreign Military Sales Representative

Address specified in the contract

8

     

Military Assistance Advisory Group (Grant Aid shipments)

U.S. Military Advisory Group,

Military Attache, Mission, or other designated agency address as specified in the contract

1

     

Army Foreign Military Sales

Commander

U[.]S[.] Army Security Asst.

Center [Assistance Command]

ATTN: AMSAC-OL-LS-CS

3rd Street and [54] "M" Avenue[,

Suite 1]

New Cumberland Army Depot

New Cumberland, PA 17070-5096

1

     

Air Force

On shipments of new production of aircraft and missiles, class 1410 missiles, 1510 aircraft (fixed wing, all types), 1520 aircraft (rotary wing), 1540 gliders, 1550 target drones

HQ Air Force Materiel Command

AFMC/LGM[LGX]-AVDO

[Area A, Building 262, Room

N142]

4375 Chidlaw Road, Suite 6

Wright-Patterson AFB, OH 45433-

5001[6]

1

     

When above items are delivered to aircraft modification centers

DPRO [DCMA]

1

     

Foreign Military Sales/Military Assistance Program (Grant Aid) shipments to Canada

National Defence Headquarters

Ottawa, Ontario

Canada, K1A OK4

ATTN: DPSUPS3

1

     

Other than Canada

Address in the contract

1

     

When consignee is an Air National Guard Activity

Consignee address (Block 13)

ATTN: Property Officer

3

     

Navy

   
 

Navy Foreign Military Sales

U.S. Navy International Logistics Control Office (NAVILCO)

[Naval Inventory Control Point

Deputy Commander for

International Programs

(NAVICP Code P761)]

700 Robbins Avenue

Philadelphia, PA 19111-5095

2

       
 

When typed code (TC) 2T or 7T is shown in Block 16, or when shipment is consigned to another contractor's plant for a Government representative or when Block 16 indicates shipment includes GFP

Aviation Supply Office (ASO)

[Naval Inventory Control Point]

(Code 0142) for aviation type

material

700 Robbins Avenue

Philadelphia, PA 19111-5098

        and

Ships Parts Control Center

[Naval Inventory Control Point]

(SPCC) (Code 0143) for all other material

5450 Carlisle Pike

PO Box 2020

Mechanicsburg, PA 17055-0788

2

2

       

Marine Corps

   
 

All shipments consigned to a Marine Corps Activity (excluding aeronautical spares)

Commandant of the Marine Corps

Headquarters, USMC

Washington, DC 20380-0001

1

       
   

Commanding General

Marine Corps Logistics Base

Albany, GA 31704-5000

3

     

Bulk Petroleum Shipments

Cognizant Defense Fuel Region (see Table 4)

1

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APPENDIX G-ACTIVITY ADDRESS NUMBERS

PART 1--GENERAL

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G-101 Assignment and use of a number.

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PART 3-NAVY ACTIVITY ADDRESS NUMBERS

* * * * *

N00244 Naval Supply Center, Naval Base

NW [Fleet and Industrial Supply Center San Diego]

* * * * *

[N3258A Navy Crane Center

FZG Naval Facilities Engineering Command

* * * * *

[N47634 Naval Computer and Telecommunications

NK Area Master Station, Atlantic

* * * * *

N68142 Commander

NK Naval Computer and Telecommunications Station

* * * * *

N68246 Officer-in-Charge

(MAJ00070) FISC Yokosuka Det. (Sasebo, Japan)

4LL-N PSC 467[476], Box 6

[EY] FPO AP, NA 96322-1500

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PART 4--MARINE CORPS ACTIVITY ADDRESS NUMBERS

* * * * *

M67011 Commander Officer

(MAJ00027) 1st Marine Corps District

[MSA] 605 Stewart Avenue

* * * * *

M67865 Contracting Office

J9[MV] MCAS Miramar (Code 5KB)

* * * * *

[M85001 Contracting Office

(MAJ00027) Marine Aviation Training Support Group

* * * * *

PART 5-AIR FORCE ACTIVITY ADDRESS NUMBERS

* * * * *

F30602 AFRL/IFOJ[K]

RX 26 Electronic Parkway

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PART 9--DEFENSE THREAT REDUCTION AGENCY ACTIVITY ADDRESS NUMBERS

DTRA01 Defense Threat Reduction Agency/[(]AM[)] (ZT01)

8Z 45045 Aviation Drive

DTRA02 Defense Threat Reduction Agency (ZT02)

0N Albuquerque Office