Under Secretary of Defense for Acquisition and Sustainment
Technical Amendments
Final Rule
PART 202—DEFINITIONS OF WORDS AND TERMS
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202.101 Definitions.
“Contracting activity” for DoD also means * * *
* * * * *
AIR FORCE
[Office of the Assistant Secretary of the Air Force
(Acquisition)]
Office of the Deputy Assistant Secretary (Contracting)
Air Force Materiel Command
Air Combat Command
Air Mobility Command
Air Education and Training Command
Pacific Air Forces
United States Air Forces in Europe
Air Force Space Command
* * * * *
DEFENSE LOGISTICS AGENCY
Office of the Executive Director, Procurement Management,
Defense Logistics Support Command [Logistics Policy and
Acquisition Management]
Defense Supply Centers
Defense Energy Support Center
* * * * *
PART 204—ADMINISTRATIVE MATTERS
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204.7205 Novation agreements, mergers and sales of assets.
* * * The contracting officer responsible for processing the novation agreement shall provide the maintenance activity with the following information:
(a) Name(s), address(es), and code(s) of the contractor(s) transferring the original contractual rights and obligations [(transferor)].
(b) Name(s), address(es), and code(s) (if any) of the entity who is the successor in interest (transferor[ee]).
* * * * *
PART 211—DESCRIBING AGENCY NEEDS
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211.504[3] Contract clauses.
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PART 212—ACQUISITION OF COMMERCIAL ITEMS
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212.301 Solicitation provisions and contract clauses for the acquisition of commercial items.
* * * * *
(f) * * *
(iii) Use the clause at 252.212-7001, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items, in all solicitations and contracts for commercial items, completing paragraph (b[a]), as appropriate.
* * * * *
PART 219—SMALL BUSINESS PROGRAMS
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219.1005 Applicability.
(a)(3)(A)[(i)] Architect-engineering services in support of military construction projects or military family housing projects are exempt from the Small Business Competitiveness Demonstration Program, except for the emerging small business (ESB) set-aside requirements. Accordingly, these shall—
(1)[(A)] Be reviewed for possible award under the 8(a) Program regardless of dollar value.
(2)[(B)] Not be set-aside for small business if the estimated value is $85,000 or more (including indefinite delivery-indefinite quantity contracts if the value of all anticipated orders exceeds $85,000).
(3)[(C)] Be considered for ESB set-aside if the estimated value is both less than the emerging small business reserve amount and less than $85,000.
(4)[(D)] Be considered for small business set-aside if the estimated value is less than $85,000, regardless of whether small business set-asides for other architect-engineer services are prohibited under the Small Business Competitiveness Demonstration Program, when an ESB set-aside is not appropriate.
(B)[(ii)] All requirements of the Small Business Competitiveness Demonstration Program apply to architect-engineer services in support of other than military construction projects or military housing projects, which otherwise meet the criteria at FAR 19.1005(a)(3) [in FAR Subpart 19.10].
* * * * *
PART 236—CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
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236.201 Evaluation of contractor performance.
* * * * *
(c) Distribution and use of performance reports.
(1) Send each contractor performance evaluation report to the central data base immediately upon its completion.
(A) The central data base—
(1) Is operated by—
|U.S. Army Engineer Division, North |
|Pacific |
|ATTN: CENPD-CT |
|P.O. Box 2870 |
|Portland, OR 97208-2870 |
|Telephone: (503) 326-3459/4910 |
| |
|[U.S. Army Corps of Engineers, |
|Portland District |
|ATTN: CENWP-CT-I |
|PO Box 2946 |
|Portland, OR 97208-2946 |
|Telephone: (503) 808-4590.] |
(2) Keeps reports on file for six years.
(B) For computer access to the files, contact the North Pacific Division [Portland District] for user log-on and procedures.
* * * * *
236.206 Liquidated damages.
See 212.204 [211.503] for instructions on use of liquidated damages.
* * * * *
236.274 Construction in foreign countries.
(a) In accordance with Section 112 of Pub. L. 105-45 [and similar sections in subsequent military construction appropriations acts], military construction contracts funded with military construction appropriations, that are estimated to exceed $1,000,000 and are to be performed in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering the Arabian Gulf, shall be awarded only to United States firms, unless(
* * * * *
PART 237—SERVICE CONTRACTING
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237.201 Definitions.
“Advisory and assistance services[,]” [as used in this subpart,] means, instead of the definition at FAR 37.201, services in the following three major categories when provided by nongovernmental sources (10 U.S.C. 2212):
* * * * *
PART 242—CONTRACT ADMINISTRATION AND AUDIT SERVICES
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242.202 Assignment of contract administration.
* * * * *
(e)(1)(A) In special circumstances, a contract administration office may request support from a component not listed in the Federal Directory of Contract Administration Services Components (available via the Internet at [a].hq.dla.mil/casbook/casbook.htm). * * *
* * * * *
242.302 Contract administration functions.
(a) * * *
(13) * * *
(B) For contracts assigned to DCMA for contract administration, designate as the payment office—
(1) The cognizant Defense Finance and Accounting Service (DFAS) payment office as specified in the Federal Directory of Contract Administration Services Components (available via the Internet at [a].hq.dla.mil/casbook/casbook.htm), for contracts funded with DoD funds;
* * * * *
PART 245—GOVERNMENT PROPERTY
* * * * *
245.302 Providing facilities.
245.302-1 Policy.
(a)(4) * * *
(C) Departments and agencies must submit reports of facilities projects to the House and Senate Armed Services Committees—
* * * * *
(2) In advance of starting construction for a facilities project regardless of cost. Use DD Form 1391, Fiscal Year 19__, [FY ____] Military Construction Project Data, to notify congressional committees of projects which [that] are not included in the annual budget.
* * * * *
PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES
* * * * *
252.211-7005 Substitutions for Military or Federal Specifications and Standards.
As prescribed in 211.273-4, use the following clause:
SUBSTITUTIONS FOR MILITARY OR FEDERAL SPECIFICATIONS AND STANDARDS (AUG 2000 [OCT 2001])
* * * * *
(b) * * * A listing of SPI processes accepted at specific facilities is available via the Internet in PDF format at and in Excel format at [].
* * * * *
252.227-7005 License Term.
As prescribed at 227.7009-3(b), insert one of the following clauses in patent releases, license agreements, and assignments:
LICENSE TERM (AUG 1984[OCT 2001])
* * * * *
ALTERNATE II (AUG 1984[OCT 2001])
The license hereby granted shall terminate on the ______ day of _______________[,] 19[__]__; * * *
* * * * *
252.237-7000 Notice of Special Standards of Responsibility.
As prescribed in 237.203-70[270](d)(1), use the following provision:
* * * * *
252.239-7000 Protection Against Compromising Emanations.
As prescribed in 239.7102-3(a), use the following clause:
* * * * *
252.247-7011 Period of Contract.
As prescribed in 247.271-4(e), use the following clause:
PERIOD OF CONTRACT (DEC 1991[OCT 2001])
(a) This contract begins January 1, 19[__]__, and ends December 31, 19[__]__, both dates inclusive. * * *
* * * * *
APPENDIX F—MATERIAL INSPECTION AND RECEIVING REPORT
* * * * *
F-105 Forms.
(a) Contractors may get MIRR forms from the contract administration office at no cost.
(b) Contractors may print forms provided that the format and dimensions (DD Forms 250 and 250c: 8 1/2 inches x 11 inches, DD Form 250-1: 8 1/2 inches x 14 inches) are identical to the MIRR forms printed by the Government and that the forms are cast to provide for 78 characters per printed image horizontally and 62 lines vertically border to border for the DD Form 250, and 61 lines vertically border to border for the DD Form 250c.
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APPENDIX G—ACTIVITY ADDRESS NUMBERS
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PART 4—MARINE CORPS ACTIVITY ADDRESS NUMBERS
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[M62974 Marine Corps Air Station
PO Box 99133
Station S-4/3KG
Yuma, AZ 85369-9133]
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PART 5—AIR FORCE ACTIVITY ADDRESS NUMBERS
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F33615 Det 1, AFRL/PK
SG [Building 167]
2530 C Street [2310 8th Street]
Wright Patterson AFB, OH 45433-7607[7801]
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[F33660 AFMETCAL Det 1/MLK
FY2333 813 Irving Wick Drive West, Building 2
Heath, OH 43056-6116]
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FA0021 HQ AFSOC/PKMZ[LGCQ]
100 Bartley Street
Hurlburt Field, FL 32544-5273
* * * * *
[FA7046 Air Force Operational Test and Evaluation Center
8500 Gibson Boulevard SE
Kirtland AFB, NM 87117-5558]
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