DFARS Technical Amendments
PART 201—FEDERAL ACQUISITION REGULATIONS SYSTEM
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201.404 Class deviations.
(b) * * *
(ii) The senior procurement executives for the Army, Navy, and Air Force, and the Directors of the Defense Commissary Agency[, the Defense Contract Management Agency,] and the Defense Logistics Agency, may approve any class deviation, other than those described in 201.402(1), that does not—
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PART 202—DEFINITIONS OF WORDS AND TERMS
202.101 Definitions.
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[“Contract administration office” also means a contract management office of the Defense Contract Management Agency.]
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“Contracting activity” for DoD also means * * *
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NAVY
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Installations and Logistics, Headquarters, U.S[.] Marine Corps
[DEFENSE CONTRACT MANAGEMENT AGENCY
Office of the Director, Defense Contract Management Agency]
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DEFENSE LOGISTICS AGENCY
Office of the Commander, Defense Contract Management 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 Contract Management Agency,] the Defense Finance and Accounting Service, the Defense Information Systems Agency, the Defense Intelligence Agency, the Defense Security Service, the Defense Logistics Agency, the National Imagery and Mapping Agency, the Defense Threat Reduction Agency, the National Security Agency, the Ballistic Missile Defense Organization, and the United States Special Operations Command.
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PART 208—REQUIRED SOURCES OF SUPPLIES AND SERVICES
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208.7002-2 Requiring department responsibilities.
The requiring department is responsible for—
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(b) Providing the acquiring department—
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(8) A statement as to whether used or reconditioned material, former Government surplus property, or residual inventory will be acceptable, and if so—
(i) A list of any supplies that need not be new; and
(ii) The basis for determining the acceptability of such supplies, including an analysis of the factors at FAR 10.010(b) [(see FAR 11.302(b))];
(9) A statement as to whether the acquiring department may exceed the total MIPR estimate, and if so, by what amount; [and]
(10) Unless otherwise agreed between the departments, an original and six copies of each MIPR and its attachments (except specifications, drawings, and other data); and[.]
(11) A list of all persons who have had access to proprietary or source selection information (see FAR 3.104-9(e)).
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subpart 208.73--use of government-owned precious metals
208.7301 Definitions.
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“Precious Metals Indicator Code (PMIC)” means a single[-]digit, alpha-numeric code assigned to national stock numbered items in T[t]he Defense Integrated Data System Total Item Record used to indicate the presence or absence of precious metals in the item. PMICs and the content value of corresponding items are listed in DoD 4100.39-M, Defense Integrated Data System (DIDS) [Federal Logistics Information System (FLIS)] Procedures Manual, [Volume 10,] Chapter 10[4], Table 160.
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208.7302 Policy.
DoD policy is for maximum participation in the Precious Metals Recovery Program (PMRP). DoD components shall furnish recovered precious metals contained in the DISC [DSCP] inventory to production contractors rather than use contractor-furnished precious metals whenever the contracting officer determines it to be in the Government's best interest. (See DoDD 4160.22, Recovery and Utilization of Precious Metals.)
208.7303 Procedures.
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(b) When an offeror advises of a precious metals requirement, the contracting officer shall use the procedures in Chapter X[11] of DoD 4160.21-M, Defense Utilization and Disposal [Materiel Disposition] Manual, to determine availability of required precious metal assets and current government-furnished materiel (GFM) unit prices. * * *
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208.7304 Refined precious metals.
The following refined precious metals are currently managed by DISC [DSCP]:
Precious Metal / National Stock Number (NSN)Silver Bullion/ Granules / 9660-00-106-9432
Gold Bullion/ Granules / 9660-00-042-7733
Platinum Granules / 9660-00-042-7768
Platinum Sponge / 9660-00-151-4050
Palladium Granules / 9660-00-042-7765
Palladium Sponge / 9660-01-011-0320
Rhodium Sponge / 9660-01-011-2625
Iridium Sponge / 9660-01-011-1937
Ruthenium Sponge / 9660-01-039-0313
[Gold / 9660-00-042-7733
Silver / 9660-00-106-9432
Platinum Granules / 9660-00-042-7768
Platinum Sponge / 9660-00-151-4050
Palladium Granules / 9660-00-042-7765
Palladium Sponge / 9660-01-039-0320
Rhodium / 9660-01-010-2625
Iridium / 9660-00-011-1937
Ruthenium / 9660-01-039-0313]
208.7305 Contract clause.
(a) Use the clause at 252.208-7000, Intent to Furnish Precious Metals as Government-Furnished Material, in all solicitations and contracts except—
(1) When the contracting officer has determined that the required precious metals are not available from DSCP;
(2) When the contracting officer knows that the items being acquired do not require precious metals in their manufacture; or
(3) For acquisitions at or below the simplified acquisition threshold.
(b) To make the determination in paragraph (a)(1) of this section, the contracting officer shall consult with the end item inventory manager and comply with the procedures in Chapter X[11], DoD 4160.21-M, Defense Utilization and Disposal [Materiel Disposition] Manual.
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PART 211—DESCRIBING AGENCY NEEDS
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211.273-2 Policy.
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(b) DoD acceptance of an SPI process follows the decision of a Management Council, which includes representatives of the contractor, the Defense Contract Management Command [Agency], the Defense Contract Audit Agency, and the military departments.
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PART 215—CONTRACTING BY NEGOTIATION
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215.404-76 Reporting profit and fee statistics.
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(g) These reporting requirements have been assigned r[R]eport c[C]ontrol s[S]ymbol: A&T [DD-AT&L](Q)1751.
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215.407-4 Should-cost review.
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(c) Overhead should-cost review.
(1) Contact the DCMC/DLA Overhead Center, Fort Belvoir, VA 22060-6221, at (703) 767-3387, [Defense Contract Management Agency (DCMA) (http://www.dcmc.hq.dla.mil/)] for questions on overhead should-cost analysis.
(2)(A) The Defense Contract Management Command/Defense Logistics Agency (DCMC/DLA), [DCMA] or the military department responsible for performing contract administration functions (e.g., Navy SUPSHIP), should consider, based on risk assessment, performing an overhead should-cost review of a contractor business unit (as defined in FAR 31.001) when all of the following conditions exist:
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(C) * * * The extent of availability of military department, contract administration, and contract audit resources to support DCMC/DLA-led teams should be considered when determining whether a review will be conducted. * * *
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PART 219—SMALL BUSINESS PROGRAMS
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219.708 Solicitation provisions and contract clauses.
(b) * * *
(2) In contracts with contractors which [that] have comprehensive subcontracting plans approved under the test program described in 219.702(a), do not use the clause at FAR 52.219-16, Liquidated Damages—Small Business Subcontracting Plan.
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PART 222—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
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222.101-3-70 Impact of labor disputes on defense programs.
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(b) Each contracting activity involved shall obtain and develop data reflecting the impact of a labor dispute on its requirements and programs. Upon determining the impact, the head of the contracting activity shall submit a report of findings and recommendations to the labor advisor. This reporting requirement is assigned Report Control Symbol DD-ACQ[AT&L](AR)1153. The report must be in narrative form and must include—
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PART 225—FOREIGN ACQUISITION
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225.802-70 Contracts for performance outside the United States and Canada.
(a) When a purchasing activity anticipates placement of a contract for performance outside the United States or Canada and the contracting activity is not under the command jurisdiction of a unified or specified command for the country involved, the purchasing activity shall maintain liaison with the cognizant contract administration office (CAO) (as specified in DLAH 4105.5) during preaward negotiations and postaward administration. The CAO will provide pertinent information for contract negotiations, effect appropriate coordination, and obtain required approvals for the performance of the contract.
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225.870-1 General.
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(e) * * *
(2) * * * Requests for audit on non-Canadian Commercial Corporation contracts should be routed through the cognizant contract administration [management] office of [the] Defense Contract Management Command [Agency].
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225.870-5 Contract administration.
(a) * * * When contract administration is performed in Canada by the cognizant contract administration [management] office of the Defense Contract Management Command [Agency], the paying office to be named in the contract for disbursement of DoD funds (DoD Department Code: 17-Navy; 21-Army; 57-Air Force; 97-all other DoD components), whether payment is in Canadian or U.S. dollars, shall be:
Disbursing Office, Defense Contract Management Area Office,
Cleveland
1240 East 9th Street
Anthony J. Celebrezze Federal Building
Cleveland, Ohio 44199
[DFAS-Columbus Center
DFAS-CO/New Dominion Division
PO Box 182041
Columbus, OH 43218-2041]
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225.902 Procedures.
(a[1]) * * *
(2) * * *
(i) * * *
(D) Within 20 days after receiving the notification of purchase of foreign supplies, forward the following information in the format indicated to the Commander, DCMC New York, ATTN: Customs Team, DCMDE-GNIC, 207 New York Avenue, [Building 120,] Staten Island, NY 10305-5013:
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(E) If a contract modification results in a change to any data verifying duty-free entitlement previously furnished, forward a revised notification including the changed data to DCMC New York.
(ii) The responsibility for issuing duty-free entry certificates for foreign supplies purchased under a DoD contract or subcontract rests with the Customs Team, DCMDE-GNIC, DCMC New York. Upon receipt of import documentation for incoming shipments from the contractor, its agent, or the U.S. Customs Service, DCMC New York will verify the duty-free entitlement and execute the duty-free entry certificate.
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225.7002 Restrictions on food, clothing, fabrics, specialty metals, and hand or measuring tools.
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225.7002-2 Exceptions.
Acquisitions in the following categories are not subject to the restrictions in 225.7002-1—
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(d) Acquisitions of those supplies listed in FAR 25.108(d)(1)[104(a)], unless the supplies are hand or measuring tools.
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225.7019 Restrictions on ball and roller bearings.
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225.7019-2 Exceptions.
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(b) The restriction in 225.7019-1(b) does not apply to contracts for acquisition of commercial items or subcontracts for acquisition of commercial items or commercial components (see 212.503(a)(xi) and 212.504(a)(xxvi)).
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PART 226—OTHER SOCIOECONOMIC PROGRAMS
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226.104 Contract clause.
Use the following prescription instead of the prescription at FAR 26.104(a):
(a) Use the clause at FAR 52.226-1, Utilization of Indian Organizations and Indian-Owned Economic Enterprises, in solicitations and contracts that—
(1) Do not use FAR Part 12 procedures; and
(2) Are for supplies or services expected to exceed the simplified acquisition threshold.
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PART 242—CONTRACT ADMINISTRATION AND AUDIT SERVICES
242.002 Interagency agreements.
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(S-70) * * *
(iii) Other foreign governments (including Canadian government organizations other than SSC) and international organizations send their requests for contract administration services to the DoD Central Control Point (CCP) at the [Headquarters,] Defense Contract Management Command [Agency] (DCMC), [International and Federal Team] New York, NY. Contract administration offices provide services only upon request from the CCP. * * *
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242.202 Assignment of contract administration.
(a) * * *
(ii) Contract administration functions for base, post, camp, and station contracts on a military installation are normally the responsibility of the installation or tenant commander. However, the Defense Contract Management Command [Agency] (DCMC[A]) shall, upon request of the military department, and subject to prior agreement, perform contract administration services on a military installation.
(iii) DCMC[A] shall provide preaward survey assistance for post, camp, and station work performed on a military installation. The contracting office and the DCMC[A] preaward survey monitor should jointly determine the scope of the survey and individual responsibilities.
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242.302 Contract administration functions.
(a) * * *
(13)(A) Do not delegate the responsibility to make payments to the Defense Contract Management Command [Agency] (DCMC[A]).
(B) For contracts assigned to DCMC[A] for contract administration, designate as the payment office—
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(C) For contracts not assigned to DCMC[A], select a payment office or offices under department/agency procedures. DoD personnel may use the DFAS Reference Tool, available via the Internet at http://referencetool.dfas.mil, to identify cognizant DFAS payment offices.
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(41) The Defense Contract Management Command (DCMC)
[DCMA] has responsibility for reviewing earned value management system (EVMS) plans and verifying initial and continuing contractor compliance with DoD EVMS criteria.
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242.771-3 Responsibilities.
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(b) The Defense Contract Management Command of the Defense Logistics Agency or the military department responsible for performing contract administration functions is responsible for providing the Defense Contract Audit Agency (DCAA) with IR&D/B&P statistical information, as necessary, to assist DCAA in the annual report required by paragraph (c) of this subsection.
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subpart 242.73--contractor insurance/pension review
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242.7301 General.
(a) The administrative contracting officer (ACO) is responsible for determining the allowability of insurance/pension costs in Government contracts. Defense Logistics Agency (DLA) [Defense Contract Management Agency (DCMA)] insurance/pension specialists and Defense Contract Audit Agency (DCAA) auditors assist ACOs in making these determinations by conducting CIPRs.
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(2) A special CIPR is a joint DLA [DCMA]/DCAA review that concentrates on specific areas of the contractor’s insurance program, pension plan, or other deferred compensation plan.
(b) DLA [DCMA] is the DoD Executive Agency for the performance of all CIPRs conducted under 242.7302.