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DFARS 204



Part 204—Administrative Matters

TABLE OF CONTENTS

(Revised February 26, 2016)

SUBPART 204.1--CONTRACT EXECUTION

204.101 Contracting officer's signature.

SUBPART 204.2--CONTRACT DISTRIBUTION

204.201 Procedures.

204.203 Taxpayer identification information.

204.270 Electronic Document Access.

SUBPART 204.4--SAFEGUARDING CLASSIFIED INFORMATION WITHIN INDUSTRY

204.402 General.

204.403 Responsibilities of contracting officers.

204.404 Contract clause.

204.404-70 Additional contract clauses.

204.470 U.S.-International Atomic Energy Agency Additional Protocol.

204.470-1 General.

204.470-2 National security exclusion.

204.470-3 Contract clause.

SUBPART 204.6--CONTRACT REPORTING

204.602 General.

204.604 Responsibilities.

204.606 Reporting data.

SUBPART 204.8--CONTRACT FILES

204.802 Contract files.

204.804 Closeout of contract files.

204.805 Disposal of contract files.

SUBPART 204.9--TAXPAYER IDENTIFICATION NUMBER INFORMATION

204.902 General.

SUBPART 204.11—SYSTEM FOR AWARD MANAGEMENT

204.1103 Procedures.

204.1104 Solicitation provision and contract clauses.

SUBPART 204.12--ANNUAL REPRESENTATIONS AND CERTIFICATIONS

204.1202 Solicitation provision.

SUBPART 204.16—UNIFORM PROCUREMENT INSTRUMENT IDENTIFIERS

204.1601 Policy.

204.1603 Procedures.

204.1670 Cross reference to Federal Procurement Data System.

204.1671 Order of application for modifications.

SUBPART 204.18--COMMERCIAL AND GOVERNMENT ENTITY CODE

204.1870 Procedures.

SUBPART 204.70—RESERVED.

SUBPART 204.71--UNIFORM CONTRACT LINE ITEM NUMBERING SYSTEM

204.7100 Scope.

204.7101 Definitions.

204.7102 Policy.

204.7103 Contract line items.

204.7103-1 Criteria for establishing.

204.7103-2 Numbering procedures.

204.7104 Contract subline items.

204.7104-1 Criteria for establishing.

204.7104-2 Numbering procedures.

204.7105 Contract exhibits and attachments.

204.7106 Contract modifications.

204.7107 Contract accounting classification reference number (ACRN) and

204.7108 Payment instructions.

204.7109 Solicitation provision and contract clause.

SUBPART 204.72--RESERVED.

SUBPART 204.73--SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING

204.7300 Scope.

204.7301 Definitions.

204.7302 Policy.

204.7303 Procedures.

204.7304 Solicitation provision and contract clauses.

SUBPART 204.74—DISCLOUSURE OF INFORMATION TO LITIGATION SUPPORT CONTRACTORS

204.7400 Scope of subpart.

204.7401 Definitions.

204.7402 Policy.

204.7403 Solicitation provision and contract clauses.

SUBPART 204.1--CONTRACT EXECUTION

(Revised February 23, 2006)

204.101 Contracting officer's signature.

Follow the procedures at PGI 204.101 for signature of contract documents.

SUBPART 204.2--CONTRACT DISTRIBUTION

(Revised October 21, 2016)

204.201 Procedures.

Follow the procedures at PGI 204.201 for the distribution of contracts and modifications.

204.203 Taxpayer identification information.

204.270 Electronic Document Access.

204.270-1 Policy.

204.270-2 Procedures.

SUBPART 204.4--SAFEGUARDING CLASSIFIED INFORMATION WITHIN INDUSTRY

(Revised September 19, 2014)

204.402 General.

DoD employees or members of the Armed Forces who are assigned to or visiting a contractor facility and are engaged in oversight of an acquisition program will retain control of their work products, both classified and unclassified (see PGI 204.402).

204.403 Responsibilities of contracting officers.

204.404 Contract clause.

204.404-70 Additional contract clauses.

204.470 U.S.-International Atomic Energy Agency Additional Protocol.

204.470-1 General.

Under the U.S.-International Atomic Energy Agency Additional Protocol (U.S.-IAEA AP), the United States is required to declare a wide range of public and private nuclear-related activities to the IAEA and potentially provide access to IAEA inspectors for verification purposes.

204.470-2 National security exclusion.

204.470-3 Contract clause.

Use the clause at 252.204-7010, Requirement for Contractor to Notify DoD if the Contractor’s Activities are Subject to Reporting Under the U.S.-International Atomic Energy Agency Additional Protocol, in solicitations and contracts for research and development or major defense acquisition programs involving—

SUBPART 204.6--CONTRACT REPORTING

(Revised July 29, 2009)

204.602 General.

See PGI 204.602 (Pop-up Window or PGI Viewer Mode) for additional information on the Federal Procurement Data System (FPDS) and procedures for resolving technical or policy issues relating to FPDS.

204.604 Responsibilities.

204.606 Reporting data.

In addition to FAR 4.606, follow the procedures at PGI 204.606 (Pop-up Window or PGI Viewer Mode)for reporting data to FPDS.

SUBPART 204.8--CONTRACT FILES

(Revised September 30, 2015)

204.802 Contract files.

204.804 Closeout of contract files.

at PGI 204.804. The closeout date for file purposes shall be determined and documented by the procuring contracting officer.

PGI 207.105(b)(20)(C)(8) and PGI 225.373(e).

204.805 Disposal of contract files.

SUBPART 204.9—TAXPAYER IDENTIFICATION NUMBER INFORMATION

(Revised July 29, 2009)

204.902 General.

SUBPART 204.11—SYSTEM FOR AWARD MANAGEMENT

(Revised December 30, 2015)

204.1103 Procedures.

See PGI 204.1103 for helpful information on navigation and data entry in the System for Award Management (SAM) database.

204.1105 Solicitation provision and contract clauses.

When using the provision at FAR 52.204-7, System for Award Management, use the provision with 252.204-7004, Alternate A, System for Award Management.

SUBPART 204.12—ANNUAL REPRESENTATIONS AND CERTIFICATIONS

(Revised January 29, 2015)

204.1202 Solicitation provision.

Representations and Certifications; and

included in the solicitation, do not include separately in the solicitation the

following provisions, which are included in DFARS 252.204-7007:

Government.

on Campus—Representation.

Prices Controlled by a Foreign Government—Representation.

Certificate.

Payments Program Certificate.

Services from Certain Foreign Entities—Representations.

of a Country that is a State Sponsor of Terrorism.

SUBPART 204.16-UNIFORM PROCUREMENT INSTRUMENT IDENTIFIERS

(Added February 26, 2016)

204.1601 Policy.

204.1603 Procedures.

204.1670 Cross reference to Federal Procurement Data System.

Detailed guidance on mapping PIID and supplementary PIID numbers stored in the Electronic Document Access system to data elements reported in the Federal Procurement Data System can be found in PGI 204.1670.

204.1671 Order of application for modifications.

SUBPART 204.18—COMMERCIAL AND GOVERNMENT ENTITY CODE

(Added December 11, 2014)

204.1870 Procedures.

Follow the procedures and guidance at PGI 204.1870 concerning Commercial and Government Entity (CAGE) codes and CAGE file maintenance.

SUBPART 204.70

(Removed February 26, 2016)

SUBPART 204.71--UNIFORM CONTRACT LINE ITEM NUMBERING

SYSTEM

(Revised October 30, 2015)

204.7100 Scope.

This subpart prescribes policies and procedures for assigning contract line item numbers.

204.7101 Definitions.

“Accounting classification reference number (ACRN)” means any combination of a two position alpha/numeric code used as a method of relating the accounting classification citation to detailed line item information contained in the schedule.

“Attachment” means any documentation, appended to a contract or incorporated by reference, which does not establish a requirement for deliverables.

“Definitized item,” as used in this subpart, means an item for which a firm price has been established in the basic contract or by modification.

“Exhibit” means a document, referred to in a contract, which is attached and establishes requirements for deliverables. The term shall not be used to refer to any other kind of attachment to a contract. The DD Form 1423, Contract Data Requirements List, is always an exhibit, rather than an attachment.

“Nonseverable deliverable,” as used in this subpart, means a deliverable item that is a single end product or undertaking, entire in nature, that cannot be feasibly subdivided into discrete elements or phases without losing its identity.

“Undefinitized item,” as used in this subpart, means an item for which a price has not been established in the basic contract or by modification.

204.7102 Policy.

204.7103 Contract line items.

Follow the procedures at PGI 204.7103 for establishing contract line items.

204.7103-1 Criteria for establishing.

Contracts shall identify the items or services to be acquired as separate contract line items unless it is not feasible to do so.

100-249 @ $.98, 250+ @ $.95), the destination, the FOB point, or the type of packaging required.

exhibit's identifier. See 204.7105.

204.7103-2 Numbering procedures.

Follow the procedures at PGI 204.7103-2 for numbering contract line items.

204.7104 Contract subline items.

204.7104-1 Criteria for establishing.

Contract subline items provide flexibility to further identify elements within a contract line item for tracking performance or simplifying administration. There are only two kinds of subline items: those which are informational in nature and those which consist of more than one item that requires separate identification.

204.7104-2 Numbering procedures.

Follow the procedures at PGI 204.7104-2 for numbering contract subline items.

204.7105 Contract exhibits and attachments.

Follow the procedures at PGI 204.7105 for use and numbering of contract exhibits and attachments.

204.7106 Contract modifications.

204.7107 Contract accounting classification reference number (ACRN) and agency accounting identifier (AAI).

Traceability of funds from accounting systems to contract actions is accomplished using ACRNs and AAIs. Follow the procedures at PGI 204.7107 for use of ACRNs and AAIs.

204.7108 Payment instructions.

Follow the procedures at PGI 204.7108 for inclusion of payment instructions in contracts.

204.7109 Solicitation provision and contract clause.

solicitations using FAR part 12 procedures for the acquisition of commercial items or for initial provisioning spares.

SUBPART 204.72

(Removed December 11, 2014)

SUBPART 204.73—SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING

(Revised October 21, 2016)

204.7300 Scope.

204.7301 Definitions.

As used in this subpart—

“Adequate security” means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

“Contractor attributional/proprietary information” means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

“Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

“Covered contractor information system” means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.

“Covered defense information” means unclassified controlled technical information or other information (as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html) that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is—

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.

“Media” means physical devices or writing surfaces including, but not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.

“Rapidly report” means within 72 hours of discovery of any cyber incident.

“Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data-Non Commercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

204.7302 Policy.

204.7303 Procedures.

Follow the procedures relating to safeguarding covered defense information at PGI

204.7303.

204.7304 Solicitation provision and contract clauses.

SUBPART 204.74—DISCLOSURE OF INFORMATION TO LITIGATION SUPPORT CONTRACTORS

(Revised May 10, 2016)

204.7400 Scope of subpart.

This subpart prescribes policies and procedures for the release and safeguarding of information to litigation support contractors. It implements the requirements at 10 U.S.C. 129d.

204.7401 Definitions.

As used in this subpart—

204.7402 Policy.

204.7403 Solicitation provision and contract clauses.

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