DFARS CHANGE NOTICE 20020712

Reporting Requirements Update, dd350

DFARS Case 2002-D010, Final Rule

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

DEPARTMENT OF DEFENSE

48 CFR Parts 204 and 253

[DFARS Case 2002-D010]

Defense Federal Acquisition Regulation Supplement; Reporting Requirements Update

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to provide contract action reporting requirements for Fiscal Year 2003. The rule makes changes to the Individual Contracting Action Report and the corresponding reporting instructions.

EFFECTIVE DATE: October 1, 2002.

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; facsimile (703) 602-0350. Please cite DFARS Case 2002-D010.

SUPPLEMENTARY INFORMATION:

A. Background This final rule contains Fiscal Year 2003 requirements for completion of DD Form 350, Individual Contracting Action Report. DoD uses this form to collect statistical data on its contracting actions. The rule includes reporting changes related to indefinite-delivery contracts; performance-based service contracts; the SBA/OFPP pilot

program for acquisition of services from small business concerns; purchases made using the Governmentwide purchase card; and purchases made by a DoD agency on behalf of another DoD or non-DoD agency. In addition, the rule contains editorial changes to clarify instructions for completion of DD Form 350.

DD Form 350, and other forms prescribed by the DFARS, are not included in the Code of Federal Regulations. The forms are available electronically via the Internet at http://web1.whs.osd.mil/icdhome/ddeforms.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 rule will not have a significant cost or administrative impact on contractors or offerors, or a significant effect beyond the internal operating procedures of DoD. Therefore, publication for public comment is not required. However, DoD will consider comments from small entities concerning the affected DFARS subparts in accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 2002-D010.

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 204 and 253

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

Therefore, 48 CFR Parts 204 and 253 are amended as follows:

1. The authority citation for 48 CFR Parts 204 and 253 continues to read as follows:

Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 204-ADMINISTRATIVE MATTERS

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SUBPART 204.6--CONTRACT REPORTING

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204.670 Defense Contract Action Data System (DCADS).

204.670-1 Definitions.

As used in this section and 253.204-70 and 253.204-71-

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204.670-2 Reportable contracting actions.

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204.670-3 Contracting office responsibilities.

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204.670-6 Types of DD Form 350 reports.

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PART 253-FORMS

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SUBPART 253.2--PRESCRIPTION OF FORMS

253.204 Administrative matters.

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

Policy on use of a DD Form 350 is in 204.670-2. This subsection contains instructions for completion of the DD Form 350.

(2) A[a]t least 80 percent of the contract value is for work that is performance based.

Solicitation, Offer and Award; or Block 9 of the DD Form 1155, Order for Supplies or Services), except-

(2) Code B - Total SB Set-Aside. Enter code B if the action was a total set-aside for small business (see FAR 19.502-2), including actions reserved exclusively for small business concerns pursuant to FAR 13.003(b)(1), or if the action resulted from the Small Business Innovation Research Program.

(7) Code G - HBCU or MI - Partial Set-Aside. Enter code G if the action was a partial set-aside for HBCU or MI under a broad agency announcement (see 235.016).

[the contractor is a small business performing in the United States and the action is under the Small Business Competitiveness Demonstration Program, i.e., Line D1A is coded A or B and Line D9 is coded Y.] Otherwise, leave Line D10 blank.

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