Previous PageTable Of ContentsNext Page

DFARS 217



Part 217—Special Contracting Methods

TABLE OF CONTENTS

(Revised November 30, 2015)

SUBPART 217.1--MULTIYEAR CONTRACTING

217.103 Definitions.

217.170 General.

217.171 Multiyear contracts for services.

217.172 Multiyear contracts for supplies.

217.173 Multiyear contracts for military family housing.

217.174 Multiyear contracts for electricity from renewable energy

SUBPART 217.2--OPTIONS

217.202 Use of options.

217.204 Contracts.

217.207 Exercise of options.

217.208 Solicitation provisions and contract clauses.

217.208-70 Additional clauses.

SUBPART 217.5--INTERAGENCY ACQUISITIONS

217.500 Scope of subpart.

217.502 Procedures.

217.502-1 General.

217.503 Ordering procedures.

SUBPART 217.6--MANAGEMENT AND OPERATING CONTRACTS

217.600 Scope of subpart.

SUBPART 217.7—INTERAGENCY ACQUISITIONS: ACQUISITIONS BY NONDEFENSE AGENCIES ON BEHALF OF THE DEPARTMENT OF DEFENSE

217.700 Scope of subpart.

217.701 Definitions.

217.770 Procedures.

SUBPART 217.70--EXCHANGE OF PERSONAL PROPERTY

217.7000 Scope of subpart.

217.7001 Definitions.

217.7002 Policy.

217.7003 Purchase request.

217.7004 Solicitation and award.

217.7005 Solicitation provision.

SUBPART 217.71--MASTER AGREEMENT FOR REPAIR AND ALTERATION
OF VESSELS

217.7100 Scope of subpart.

217.7101 Definitions.

217.7102 General.

217.7103 Master agreements and job orders.

217.7103-1 Content and format of master agreements.

217.7103-2 Period of agreement.

217.7103-3 Solicitations for job orders.

217.7103-4 Emergency work.

217.7103-5 Repair costs not readily ascertainable.

217.7103-6 Modification of master agreements.

217.7104 Contract clauses.

SUBPART 217.72—RESERVED

SUBPART 217.73--IDENTIFICATION OF SOURCES OF SUPPLY

217.7300 Scope.

217.7301 Policy.

217.7302 Procedures.

217.7303 Solicitation provision.

SUBPART 217.74--UNDEFINITIZED CONTRACT ACTIONS

217.7400 Scope.

217.7401 Definitions.

217.7402 Exceptions.

217.7403 Policy.

217.7404 Limitations.

217.7404-1 Authorization.

217.7404-2 Price ceiling.

217.7404-3 Definitization schedule.

217.7404-4 Limitations on obligations.

217.7404-5 Exceptions.

217.7404-6 Allowable profit.

217.7405 Plans and reports.

217.7406 Contract clauses.

SUBPART 217.75--ACQUISITION OF REPLENISHMENT PARTS

217.7500 Scope of subpart.

217.7501 Definition.

217.7502 General.

217.7503 Spares acquisition integrated with production.

217.7504 Acquisition of parts when data is not available.

217.7505 Limitations on price increases.

217.7506 Spare parts breakout program.

SUBPART 217.76--CONTRACTS WITH PROVISIONING REQUIREMENTS

217.7601 Provisioning.

SUBPART 217.77--OVER AND ABOVE WORK

217.7701 Procedures.

217.7702 Contract clause.

SUBPART 217.1--MULTIYEAR CONTRACTING

(Revised May 10, 2016)

217.103 Definitions.

As used in this subpart—

“Advance procurement” means an exception to the full funding policy that allows acquisition of long lead time items (advance long lead acquisition) or economic order quantities (EOQ) of items (advance EOQ acquisition) in a fiscal year in advance of that in which the related end item is to be acquired. Advance procurements may include materials, parts, components, and effort that must be funded in advance to maintain a planned production schedule.

“Congressional defense committees,” means—

“Military installation” means a base, camp, post, station, yard, center, or other activity under the jurisdiction of the Secretary of a military department or, in the case of an activity in a foreign country, under the operational control of the Secretary of a military department or the Secretary of Defense (10 U.S.C.

2801(c)(4)).

217.170 General.

exception is approved through the budget process in coordination with the cognizant comptroller.

217.171 Multiyear contracts for services.

(10 U.S.C. 2306c(a)).

217.172 Multiyear contracts for supplies.

the budget;

for a weapon system (10 U.S.C. 2306b(h)(1)); and

the findings (10 U.S.C. 2306b(i)(3)(B)).

2306b(i)(3)(C)).

2306b(i)(3)(D)).

program without cancellation (10 U.S.C. 2306b(i)(3)(E)).

such determination with the certification (10 U.S.C. 2306b(i)(6)).

of Defense for Acquisition, Technology, and Logistics (10 U.S.C. 2306b(i)(7)).

217.173 Multiyear contracts for military family housing.

The head of the agency may enter into multiyear contracts for periods up to 4 years for supplies and services required for management, maintenance, and operation of military family housing and may pay the costs of such contracts for each year from annual appropriations for that year (10 U.S.C. 2829).

217.174 Multiyear contracts for electricity from renewable energy sources.

(b) Limitations. The head of the contracting activity may exercise the authority in paragraph (a) of this section to enter into a contract for a period in excess of five years only if the head of the contracting activity determines, on the basis of a business case analysis (see PGI 217.1, Supplemental Information TAB, for a business case analysis template and guidance) prepared by the requiring activity, that—

SUBPART 217.2--OPTIONS

(Revised March 25, 2016)

217.202 Use of options.

217.204 Contracts.

217.207 Exercise of options.

217.208 Solicitation provisions and contract clauses.

Sealed bid solicitations shall not include provisions for evaluations of options unless the contracting officer determines that there is a reasonable likelihood that the options will be exercised (10 U.S.C. 2305(a)(5)). This limitation also applies to sealed bid solicitations for the contracts excluded by FAR 17.200.

217.208-70 Additional clauses.

SUBPART 217.4

(Removed November 22, 2004)

SUBPART 217.5--INTERAGENCY ACQUISITIONS

(Revised November 30, 2015)

217.500 Scope of subpart.

217.502 Procedures.

217.502-1 General.

217.503 Ordering procedures.

SUBPART 217.6--MANAGEMENT AND OPERATING CONTRACTS

217.600 Scope of subpart.

FAR Subpart 17.6 does not apply to DoD.

SUBPART 217.7-- INTERAGENCY ACQUISITIONS: ACQUISITIONS BY NONDEFENSE AGENCIES ON BEHALF OF THE DEPARTMENT OF DEFENSE

(Revised September 21, 2015)

217.700 Scope of subpart.

This subpart—

217.701 Definitions.

As used in this subpart—

“Assisted acquisition” means the type of interagency contracting through which acquisition officials of a non-DoD agency award a contract or a task or delivery order for the acquisition of supplies or services on behalf of DoD.

“Direct acquisition” means the type of interagency contracting through which DoD orders a supply or service from a Governmentwide acquisition contract maintained by a non-DoD agency.

“Governmentwide acquisition contract” means a task or delivery order contract that–

217.770 Procedures.

Departments and agencies shall establish and maintain procedures for reviewing and approving orders placed for supplies and services under non-DoD contracts, whether through direct acquisition or assisted acquisition, when the amount of the order exceeds the simplified acquisition threshold. These procedures shall include—

SUBPART 217.70--EXCHANGE OF PERSONAL PROPERTY

(Revised June 15, 2012)

217.7000 Scope of subpart.

This subpart prescribes policy and procedures for exchange of nonexcess personal property concurrent with an acquisition. 40 U.S.C. 503 permits exchange of personal property and application of the exchange allowance to the acquisition of similar property. This subpart does not authorize the sale of nonexcess personal property.

217.7001 Definitions.

As used in this subpart—

of Nonexcess Personal Property.

217.7002 Policy.

DoD policy is to exchange, rather than replace, eligible nonexcess property whenever exchange promotes economical and efficient program accomplishment. Exchange policy, authority, and applicability are governed by—

217.7003 Purchase request.

Ensure that the requiring activity provides all of the following in support of the purchase request—

217.7004 Solicitation and award.

217.7005 Solicitation provision.

Use the provision at 252.217-7002, Offering Property for Exchange, when offering nonexcess personal property for exchange. Allow a minimum of 14 calendar days for the inspection period in paragraph (b) of the clause if the exchange property is in the contiguous United States. Allow at least 21 calendar days outside the contiguous United States.

SUBPART 217.71--MASTER AGREEMENT FOR REPAIR AND ALTERATION OF VESSELS

(Revised May 12, 2006)

217.7100 Scope of subpart.

This subpart contains acquisition policies and procedures for master agreements for repair and alteration of vessels.

217.7101 Definitions.

217.7102 General.

217.7103 Master agreements and job orders.

217.7103-1 Content and format of master agreements.

Follow the procedures at PGI 217.7103-1 for preparation of master agreements.

217.7103-2 Period of agreement.

217.7103-3 Solicitations for job orders.

217.7103-4 Emergency work.

217.7103-5 Repair costs not readily ascertainable.

Follow the procedures at PGI 217.7103-5 if the nature of any repairs is such that their extent and probable cost cannot be ascertained readily.

217.7103-6 Modification of master agreements.

217.7104 Contract clauses.

SUBPART 217.72

(Removed May 12, 2006)

SUBPART 217.73--IDENTIFICATION OF SOURCES OF SUPPLY

(Revised January 15, 1999)

217.7300 Scope.

This subpart implements 10 U.S.C. 2384. It contains policy and procedures for requiring contractors to identify the actual manufacturer of supplies furnished to DoD.

217.7301 Policy.

Contractors shall identify their sources of supply in contracts for supplies. Contractor identification of sources of supply enables solicitation, in subsequent acquisitions, of actual manufacturers or other suppliers of items. This enhances competition and potentially avoids payment of additional costs for no significant added value.

217.7302 Procedures.

217.7303 Solicitation provision.

SUBPART 217.74--UNDEFINITIZED CONTRACT ACTIONS

(Revised November 20, 2015)

217.7400 Scope.

This subpart prescribes policies and procedures implementing 10 U.S.C. 2326.

217.7401 Definitions.

As used in this subpart—

do complete and meaningful analyses and audits of the—

review in connection with the contract.

performance has begun. For policy relating to definitization of change orders, see 243.204-70.

217.7402 Exceptions.

217.7403 Policy.

DoD policy is that undefinitized contract actions shall—

217.7404 Limitations.

See PGI 217.7404 for additional guidance on obtaining approval to authorize use of an undefinitized contact action, documentation requirements, and other limitations on their use.

217.7404-1 Authorization.

The contracting officer shall obtain approval from the head of the contracting activity before—

217.7404-2 Price ceiling.

UCAs shall include a not-to-exceed price.

217.7404-3 Definitization schedule.

217.7404-4 Limitations on obligations.

217.7404-5 Exceptions.

217.7404-6 Allowable profit.

When the final price of a UCA is negotiated after a substantial portion of the required performance has been completed, the head of the contracting activity shall ensure the profit allowed reflects—

217.7405 Plans and reports.

217.7406 Contract clauses.

SUBPART 217.75--ACQUISITION OF REPLENISHMENT PARTS

(Revised January 10, 2008)

217.7500 Scope of subpart.

This subpart provides guidance on additional requirements related to acquisition of replenishment parts.

217.7501 Definition.

“Replenishment parts,” as used in this subpart, means repairable or consumable parts acquired after the initial provisioning process.

217.7502 General.

Departments and agencies—

217.7503 Spares acquisition integrated with production.

Follow the procedures at PGI 217.7503 for acquiring spare parts concurrently with the end item.

217.7504 Acquisition of parts when data is not available.

Follow the procedures at PGI 217.7504 when acquiring parts for which the Government does not have the necessary data.

217.7505 Limitations on price increases.

This section provides implementing guidance for Section 1215 of Pub. L. 98-94 (10 U.S.C. 2452 note).

217.7506 Spare parts breakout program.

See PGI 217.7506 and DoD 4140.1-R, DoD Supply Chain Materiel Management Regulation, Chapter 8, Section C8.3, for spare parts breakout requirements.

SUBPART 217.76--CONTRACTS WITH PROVISIONING REQUIREMENTS

(Revised May 12, 2006)

217.7601 Provisioning.

SUBPART 217.77--OVER AND ABOVE WORK

(Revised May 12, 2006)

217.7701 Procedures.

Follow the procedures at PGI 217.7701 when acquiring over and above work.

217.7702 Contract clause.

Use the clause at 252.217-7028, Over and Above Work, in solicitations and contracts containing requirements for over and above work, except as provided for in Subpart 217.71.

SUBPART 217.78

(Removed August 26, 2015)

Previous PageTop Of PageTable Of ContentsNext Page