[Title 48 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 1996 Edition]
[From the U.S. Government Publishing Office]


          48



          Federal Acquisition Regulations System



[[Page i]]

          CHAPTER 2 (Parts 252 to 299)

          Revised as of October 1, 1996
          CONTAINING
          A CODIFICATION OF DOCUMENTS
          OF GENERAL APPLICABILITY
          AND FUTURE EFFECT

          AS OF OCTOBER 1, 1996
          With Ancillaries
          Published by
          the Office of the Federal Register
          National Archives and Records
          Administration

          as a Special Edition of
          the Federal Register



[[Page ii]]

                                      




                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 1996



               For sale by U.S. Government Printing Office
 Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328



[[Page iii]]




                            Table of Contents


                                                                    Page
  Explanation.................................................       V

  Title 48:
    Chapter 2--Department of Defense..........................       3
  Finding Aids:
    Table of CFR Titles and Chapters..........................     291
    Alphabetical List of Agencies Appearing in the CFR........     307
    List of CFR Sections Affected.............................     317

[[Page iv]]



      



                                                                                                                
                                  ----------------------------------------------------------                    

   Cite this Code:  CFR                                                         
                                                                                                                
   To cite the regulations in this volume use title, part                       
   and section number. Thus, 48 CFR 252.101 refers to                          
   title 48, part 252, section 101.                                            
                                                                                                                
----------------------------------------------------------                    
                                                                                                                


[[Page v]]

                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, October 1, 1996), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For 
the period beginning January 1, 1986, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I), and Acts Requiring Publication 
in the Federal Register (Table II). A list of CFR titles, chapters, and 
parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-523-5227 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408.
SALES
    The Government Printing Office (GPO) processes all sales and 
distribution of the CFR. For payment by credit card, call 202-512-1800, 
M-F 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2233, 24 hours 
a day. For payment by check, write to the Superintendent of Documents, 
Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954. For GPO 
Customer Service call 202-512-1803.

                              Richard L. Claypoole,
                                    Director,
                          Office of the Federal Register.

October 1, 1996.



[[Page vii]]



                               THIS TITLE

    Title 48--Federal Acquisition Regulations System is composed of 
eight volumes. The chapters in these volumes are arranged as follows: 
Chapter 1 (parts 1 to 51), chapter 1 (parts 52 to 99), chapter 2 (parts 
201 to 251 and parts 252 to 299), chapters 3 to 6, chapters 7 to 14, 
chapters 15 to 28 and chapter 29 to end. The contents of these volumes 
represent all current regulations codified under this title of the CFR 
as of October 1, 1996.

    The Federal acquisition regulations in chapter 1 are those 
government-wide acquisition regulations jointly issued by the General 
Services Administration, the Department of Defense, and the National 
Aeronautics and Space Administration. Chapters 2 through 99 are 
acquisition regulations issued by individual government agencies. Parts 
1 to 69 in each of chapters 2 through 99 are reserved for agency 
regulations implementing the Federal acquisition regulations in chapter 
1 and are numerically keyed to them. Parts 70 to 99 in chapters 2 
through 99 contain agency regulations supplementing the Federal 
acquisition regulations.

    The OMB control numbers for the Federal Acquisition Regulations 
System appear in section 1.106 of chapter 1. For the convenience of the 
user section 1.106 is reprinted in the Finding Aids section of the 
second volume containing chapter 1 (parts 52 to 99).

    The two volumes containing chapter 1 include an index to the Federal 
acquisition regulations. The second volume, containing chapter 1 (parts 
52 to 99), includes contract clauses and forms.

    For this volume, Ann Elise Maso was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Richard L. Claypoole, assisted by Alomha S. Morris.

[[Page viii]]



 

[[Page 1]]



            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM




            (This book contains chapter 2, parts 252 to 299)

    ------------------------------------------------------------------

                                                                    Part
chapter 2--Department of Defense............................         252
Pt. 252

[[Page 3]]



                    CHAPTER 2--DEPARTMENT OF DEFENSE




    ------------------------------------------------------------------

                     SUBCHAPTER H--CLAUSES AND FORMS
Part                                                                Page
252             Solicitation provisions and contract clauses           5
253             Forms.......................................         152
             SUBCHAPTER I--AGENCY SUPPLEMENTARY REGULATIONS

                Appendix A--Armed Services Board of Contract 
                    Appeals.................................         181

                Appendix B--Coordinated Acquisition 
                    Assignments.............................         190

          Appendix C [Reserved]

                Appendix D--Component Breakout..............         200

                Appendix E--DoD Spare Parts Breakout Program         201

                Appendix F--Material Inspection and 
                    Receiving Report........................         224

                Appendix G--Activity Address Numbers........         238

                Appendix H--Debarment and Suspension 
                    Procedures..............................         280

                Appendix I--Policy and Procedures for the 
                    DOD Pilot Mentor-Protege Program........         281

  Note: Although the text of Manuals and Supplements to the Defense FAR 
Supplement are not published in the Code of Federal Regulations, they 
were listed for the convenience of the user. All of the Supplements have 
been deleted. The only manuals which remain in effect are: Armed 
Services Pricing Manual (1986) and Armed Services Pricing Manual, Volume 
2, Price Analysis (1987).

[[Page 5]]



                     SUBCHAPTER H--CLAUSES AND FORMS





PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES--Table of Contents




Sec.

      Subpart 252.1--Instructions for Using Provisions and Clauses

252.101  Using part 252.

             Subpart 252.2--Texts of Provisions and Clauses

252.201-7000  Contracting officer's representative.
252.203-7000  Statutory prohibitions on compensation to former 
          Department of Defense employees.
252.203-7001  Special prohibition on employment.
252.203-7002  Display of DoD hotline poster.
252.204-7000  Disclosure of information.
252.204-7001  Commercial and Government Entity (CAGE) code reporting.
252.204-7002  Payment for subline items not separately priced.
252.204-7003  Control of government personnel work product.
252.205-7000  Provision of information to cooperative agreement holders.
252.206-7000  Domestic source restriction.
252.208-7000  Intent to furnish precious metals as Government-furnished 
          material.
252.209-7000  Acquisition from subcontractors subject to on-site 
          inspection under the Intermediate-Range Nuclear Forces (INF) 
          Treaty.
252.209-7001  Disclosure of ownership or control by the government of a 
          terrorist country.
252.209-7002  Disclosure of ownership or control by a foreign 
          government.
252.209-7003  Disclosure of commercial transactions with the government 
          of a terrorist country.
252.209-7004  Reporting of commercial transactions with the government 
          of a terrorist country.
252.209-7005  Military recruiting on campus.
252.211-7000  Acquisition streamlining.
252.211-7001  Availability of specifications and standards not listed in 
          DODISS, data item descriptions not listed in DoD 5010.12-L, 
          and plans, drawings, and other pertinent documents.
252.211-7002  Availability for examination of specifications, standards, 
          plans, drawings, data item descriptions, and other pertinent 
          documents.
252.211-7003  Brand name or equal.
252.211-7004  Alternate preservation, packaging, and packing.
252.212-7000  Offeror representations and certifications--Commercial 
          items.
252.212-7001  Contract terms and conditions required to implement 
          statutes or Executive Orders applicable to Defense 
          acquisitions of commercial items.
252.215-7000  Pricing adjustments.
252.215-7001  [Reserved]
252.215-7002  Cost estimating system requirements.
252.216-7000  Economic price adjustment--basic steel, aluminum, brass, 
          bronze, or copper mill products.
252.216-7001  Economic price adjustment--nonstandard steel items.
252.216-7002  Alternate.
252.217-7000  Exercise of option to fulfill foreign military sales 
          commitments.
252.217-7001  Surge option.
252.217-7002  Offering property for exchange.
252.217-7003  Changes.
252.217-7004  Job orders and compensation.
252.217-7005  Inspection and manner of doing work.
252.217-7006  Title.
252.217-7007  Payments.
252.217-7008  Bonds.
252.217-7009  Default.
252.217-7010  Performance.
252.217-7011  Access to vessel.
252.217-7012  Liability and insurance.
252.217-7013  Guarantees.
252.217-7014  Discharge of liens.
252.217-7015  Safety and health.
252.217-7016  Plant protection.
252.217-7017  Time of delivery.
252.217-7018  Change in plant location--bakery and dairy products.
252.217-7019  Sanitary conditions.
252.217-7020  Examination and testing.
252.217-7021  Deficiency adjustment.
252.217-7022  Code dating.
252.217-7023  Marking.
252.217-7024  Responsibility for containers and equipment.
252.217-7025  Containers and equipment.
252.217-7026  Identification of sources of supply.
252.217-7027  Contract definitization.
252.217-7028  Over and above work.
252.219-7000  Small disadvantaged business concern representation (DoD 
          contracts).
252.219-7001  Notice of partial small business set-aside with 
          preferential consideration for small disadvantaged business 
          concerns.
252.219-7002  Notice of small disadvantaged business set-aside.
252.219-7003  Small, small disadvantaged and women-owned small business 
          subcontracting plan (DoD contracts).

[[Page 6]]

252.219-7004  Small, small disadvantaged and women-owned small business 
          subcontracting plan (test program).
252.219-7005  Incentive for subcontracting with small businesses, small 
          disadvantaged businesses, historically black colleges and 
          universities, and minority institutions.
252.219-7006  Notice of evaluation preference for small disadvantaged 
          business concerns.
252.219-7007  Alternates.
252.219-7008  Notice of evaluation preference for small disadvantaged 
          business concerns--construction acquisitions--test program.
252.222-7000  Restrictions on employment of personnel.
252.222-7001  Right of first refusal of employment--Closure of military 
          installations.
252.223-7000  [Reserved]
252.223-7001  Hazard warning labels.
252.223-7002  Safety precautions for ammunition and explosives.
252.223-7003  Change in place of performance--ammunition and explosives.
252.223-7004  Drug-Free Work Force.
252.223-7005  Hazardous waste liability.
252.223-7006  Prohibition on storage and disposal of toxic and hazardous 
          materials.
252.223-7007  Safeguarding sensitive conventional arms, ammunition, and 
          explosives.
252.225-7000  Buy American Act--Balance of Payments Program Certificate.
252.225-7001  Buy American Act and Balance of Payments Program.
252.225-7002  Qualifying country sources as subcontractors.
252.225-7003  Information for duty-free entry evaluation.
252.225-7004  Nondomestic construction materials.
252.225-7005  Identification of expenditures in the United States.
252.225-7006  Buy American Act--Trade Agreements--Balance of Payments 
          Program Certificate.
252.225-7007  Trade Agreements.
252.225-7008  Supplies to be accorded duty-free entry.
252.225-7009  Duty-free entry--qualifying country end products and 
          supplies.
252.225-7010  Duty-free entry--additional provisions.
252.225-7011  Restriction on acquisition of supercomputers.
252.225-7012  Preference for certain domestic commodities.
252.225-7013  [Reserved]
252.225-7014  Preference for domestic specialty metals.
252.225-7015  Preference for domestic hand or measuring tools.
252.225-7016  Restriction on acquisition of ball and roller bearings.
252.225-7017  Preference for United States and Canadian valves and 
          machine tools.
252.225-7018  Notice of prohibition of certain contracts with foreign 
          entities for the conduct of Ballistic Missile Defense RDT&E.
252.225-7019  Restriction on acquisition of foreign anchor and mooring 
          chain.
252.225-7020--252.225-7021  [Reserved]
252.225-7022  Restriction on acquisition of polyacrylonitrile (PAN) 
          based carbon fiber.
252.225-7023  [Reserved]
252.225-7024  Restriction on acquisition of night vision image 
          intensifier tubes and devices.
252.225-7025  Foreign source restrictions.
252.225-7026  Reporting of contract performance outside the United 
          States.
252.225-7027  Limitation on sales commissions and fees.
252.225-7028  Exclusionary policies and practices of foreign 
          governments.
252.225-7029  Preference for United States or Canadian air circuit 
          breakers.
252.225-7030  Restriction on acquisition of carbon, alloy, and armor 
          steel plate.
252.225-7031  Secondary Arab boycott of Israel.
252.225-7032  Waiver of United Kingdom levies.
252.225-7033  Restriction on acquisition of four ton dolly jacks.
252.225-7034  Restriction on acquisition of coal and petroleum pitch 
          carbon fiber.
252.225-7035  Buy American Act--North American Free Trade Agreement 
          Implementation Act--Balance of Payments Program Certificate.
252.225-7036  North American Free Trade Agreement Implementation Act.
252.225-7037  Duty-free entry--NAFTA country end products and supplies.
252.225-7038  Restriction on acquisition of aircraft fuel cells.
252.225-7039  Restriction on acquisition of totally enclosed lifeboat 
          survival systems.
252.225-7040  Machine tool list.
252.226-7000  Notice of historically black college or university and 
          minority institution set-aside.
252.226-7001  Historically black college or university and minority 
          institution certification.
252.227-7000  Non-estoppel.
252.227-7001  Release of past infringement.
252.227-7002  Readjustment of payments.
252.227-7003  Termination.
252.227-7004  License grant.
252.227-7005  License term.
252.227-7006  License grant--running royalty.
252.227-7007  License term--running royalty.
252.227-7008  Computation of royalties.
252.227-7009  Reporting and payment of royalties.
252.227-7010  License to other Government agencies.
252.227-7011  Assignments.

[[Page 7]]

252.227-7012  Patent license and release contract.
252.227-7013  Rights in technical data--Noncommercial items.
252.227-7014  Rights in noncommercial computer software and 
          noncommercial computer software documentation.
252.227-7015  Technical data--Commercial items.
252.227-7016  Rights in bid or proposal information.
252.227-7017  Identification and assertion of use, release, or 
          disclosure restrictions.
252.227-7018  Rights in noncommercial technical data and computer 
          software--Small Business Innovation Research (SBIR) Program.
252.227-7019  Validation of asserted restrictions--Computer software.
252.227-7020  Rights in special works.
252.227-7021  Rights in data--existing works.
252.227-7022  Government rights (unlimited).
252.227-7023  Drawings and other data to become property of Government.
252.227-7024  Notice and approval of restricted designs.
252.227-7025  Limitations on the use or disclosure of government-
          furnished information marked with restrictive legends.
252.227-7026  Deferred delivery of technical data or computer software.
252.227-7027  Deferred ordering of technical data or computer software.
252.227-7028  Technical data or computer software previously delivered 
          to the government.
252.227-7029  [Reserved]
252.227-7030  Technical data--withholding of payment.
252.227-7031  [Reserved]
252.227-7032  Rights in technical data and computer software (foreign).
252.227-7033  Rights in shop drawings.
252.227-7034  Patents--subcontracts.
252.227-7035  [Reserved]
252.227-7036  Certification of technical data conformity.
252.227-7037  Validation of restrictive markings on technical data.
252.227-7038  [Reserved]
252.227-7039  Patents--reporting of subject inventions.
252.228-7000  Reimbursement for war-hazard losses.
252.228-7001  Ground and flight risk.
252.228-7002  Aircraft flight risk.
252.228-7003  Capture and detention.
252.228-7004  Bonds or other security.
252.228-7005  Accident reporting and investigation involving aircraft, 
          missiles, and space launch vehicles.
252.231-7000  Supplemental cost principles.
252.232-7000  Advance payment pool.
252.232-7001  Disposition of payments.
252.232-7002  Progress payments for foreign military sales acquisitions.
252.232-7003  Flexible progress payments.
252.232-7004  DoD progress payment rates.
252.232-7005  Reimbursement of subcontractor advance payments--DoD pilot 
          mentor-protege program.
252.232-7006  Reduction or suspension of contract payments upon finding 
          of fraud.
252.232-7007  Limitation of Government's obligation.
252.233-7000  Certification of claims and requests for adjustment or 
          relief.
252.234-7000  Notice of cost/schedule control systems.
252.234-7001  Cost/schedule control systems.
252.235-7000  Indemnification under 10 U.S.C. 2354--fixed price.
252.235-7001  Indemnification under 10 U.S.C. 2354--cost reimbursement.
252.235-7002  Animal welfare.
252.235-7003  Frequency authorization.
252.235-7004  Option to extend the term of the contract.
252.235-7005  Contractor-acquired property.
252.235-7006  Title to contractor-acquired property.
252.235-7007  Advance payments.
252.235-7008  Inspection and acceptance.
252.235-7009  Restriction on printing.
252.235-7010  Acknowledgement of support and disclaimer.
252.235-7011  Final scientific or technical report.
252.236-7000  Modification proposals--price breakdown.
252.236-7001  Contract drawings, maps, and specifications.
252.236-7002  Obstruction of navigable waterways.
252.236-7003  Payment for mobilization and preparatory work.
252.236-7004  Payment for mobilization and demobilization.
252.236-7005  Airfield safety precautions.
252.236-7006  Cost limitation.
252.236-7007  Additive or deductive items.
252.236-7008  Contract prices--bidding schedules.
252.236-7009  Option for supervision and inspection services.
252.237-7000  Notice of special standards of responsibility.
252.237-7001  Compliance with audit standards.
252.237-7002  Award to single offeror.
252.237-7003  Requirements.
252.237-7004  Area of performance.
252.237-7005  Performance and delivery.
252.237-7006  Subcontracting.
252.237-7007  Termination for default.
252.237-7008  Group interment.
252.237-7009  Permits.
252.237-7010  Facility requirements.
252.237-7011  Preparation history.
252.237-7012  Instruction to offerors (count-of-articles).
252.237-7013  Instruction to offerors (bulk weight).

[[Page 8]]

252.237-7014  Loss or damage (count-of-articles).
252.237-7015  Loss or damage (weight of articles).
252.237-7016  Delivery tickets.
252.237-7017  Individual laundry.
252.237-7018  Special definitions of Government property.
252.237-7019  Identification of uncompensated overtime.
252.237-7020--252.237-7021  [Reserved]
252.237-7022  Services at installations being closed.
252.239-7000  Protection against compromising emanations.
252.239-7001  [Reserved]
252.239-7002  Access.
252.239-7003  Facilities and services to be furnished--common carriers.
252.239-7004  Orders for facilities and services--common carriers.
252.239-7005  Rates, charges, and services--common carriers.
252.239-7006  Tariff information.
252.239-7007  Cancellation or termination of orders--common carriers.
252.239-7008  Reuse arrangements.
252.239-7009  Submission of cost or pricing data--common carriers.
252.239-7010  Audit and records--common carriers.
252.239-7011  Special construction and equipment charges.
252.239-7012  Title to telecommunication facilities and equipment.
252.239-7013  Obligation of the Government.
252.239-7014  Term of agreement.
252.239-7015  Continuation of communication service authorizations.
252.239-7016  Telecommunications security equipment, devices, 
          techniques, and services.
252.241-7000  Superseding contract.
252.241-7001  Government access.
252.242-7000  Postaward conference.
252.242-7001  [Reserved]
252.242-7002  Submission of commercial freight bills for audit.
252.242-7003  Application for U.S. Government shipping documentation/
          instructions.
252.242-7004  Material management and accounting system.
252.242-7005  Cost/schedule status report.
252.243-7000  Engineering change proposals.
252.243-7001  Pricing of contract modifications.
252.245-7000  Government-furnished mapping, charting, and geodesy 
          property.
252.245-7001  Reports of Government property.
252.246-7000  Material inspection and receiving report.
252.246-7001  Warranty of data.
252.247-7000  Hardship conditions.
252.247-7001  Price adjustment.
252.247-7002  Revision of prices.
252.247-7003  Termination.
252.247-7004  Indefinite quantities--fixed charges.
252.247-7005  Indefinite quantities--no fixed charges.
252.247-7006  Removal of Contractor's employees.
252.247-7007  Liability and insurance.
252.247-7008  Evaluation of bids.
252.247-7009  Award.
252.247-7010  Scope of contract.
252.247-7011  Period of contract.
252.247-7012  Ordering limitation.
252.247-7013  Contract areas of performance.
252.247-7014  Demurrage.
252.247-7015  Requirements.
252.247-7016  Contractor liability for loss or damage.
252.247-7017  Erroneous shipments.
252.247-7018  Subcontracting.
252.247-7019  Drayage.
252.247-7020  Additional services.
252.247-7021  Returnable containers other than cylinders.
252.247-7022  Representation of extent of transportation by sea.
252.247-7023  Transportation of supplies by sea.
252.247-7024  Notification of transportation of supplies by sea.
252.247-7025  Reflagging or repair work.
252.248-7000  Preparation of value engineering change proposals.
252.249-7000  Special termination costs.
252.249-7001  Notification of substantial impact on employment.
252.249-7002  Notification of proposed program termination or reduction.
252.251-7000  Ordering from Government supply sources.
252.251-7001  Use of Interagency Fleet Management System (IFMS) vehicles 
          and related services.

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

    Source: 56 FR 36479, July 31, 1991, unless otherwise noted.



      Subpart 252.1--Instructions for Using Provisions and Clauses



Sec. 252.101  Using part 252.

    (b) Numbering.
    (2) Provisions or clauses that supplement the FAR.
    (ii)(B) DFARS provisions or clauses use a four digit sequential 
number in the 7000 series, e.g., -7000, -7001, -7002. Department or 
agency supplemental provisions or clauses use four digit sequential 
numbers in the 9000 series.

[[Page 9]]



              Subpart 252.2--Text of Provisions And Clauses



Sec. 252.201-7000  Contracting officer's representative.

    As prescribed in 201.602-70, use the following clause:

            Contracting Officer's Representative (Dec. 1991)

    (a) Definition. Contracting officer's representative means an 
individual designated in accordance with subsection 201.602-2 of the 
Defense Federal Acquisition Regulation Supplement and authorized in 
writing by the contracting officer to perform specific technical or 
administrative functions.
    (b) If the Contracting Officer designates a contracting officer's 
representative (COR), the Contractor will receive a copy of the written 
designation. It will specify the extent of the COR's authority to act on 
behalf of the contracting officer. The COR is not authorized to make any 
commitments or changes that will affect price, quality, quantity, 
delivery, or any other term or condition of the contract.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 57 FR 42633, Sept. 15, 1992]



Sec. 252.203-7000  Statutory prohibitions on compensation to former Department of Defense employees.

    As prescribed in 203.170-4, use the following clause:

 Statutory Prohibition on Compensation to Former Department of Defense 
                          Employees (NOV 1995)

    (a) Definitions.
    As used in this clause--
    (1) Armed Forces means the uniformed military services, excluding 
the U.S. Coast Guard.
    (2) Compensation means any payment, gift, benefit, reward, favor, or 
gratuity which is provided directly or indirectly for services rendered 
by the person accepting such payment, gift, benefit, reward, favor, or 
gratuity, and which has a fair market value in excess of $250. 
Compensation is indirectly provided if it is paid to an entity other 
than the individual, specifically in exchange for services performed by 
the individual.
    (3) Defense contractor means an entity (including affiliates and 
subsidiaries which clearly engage in the performance of Department of 
Defense (DoD) contracts) that contracts directly with the DoD to supply 
goods or services. ``Defense contractor'' does not include a State or 
local government or any person who contracts to supply the Department of 
Defense only commercial items.
    (4) Designated agency ethics official means a DoD officer or 
employee who has been appointed to administer the provisions of the 
Ethics in Government Act, as amended.
    (5) Former DoD employee means a person who served in the DoD in a 
civilian position for which the rate of pay was equal to or greater than 
the minimum rate of pay for grade GS-13 of the General Schedule, or 
served in the Armed Forces in a pay grade of 04 or higher.
    (6) Former DoD official means--
    (i) A former DoD employee who spent the majority of working days 
during the last two years of DoD service performing a procurement 
function relating to:
    (A) A DoD contract, at a site or plant that was owned or operated by 
the Contractor, and which was the principal location of such person's 
performance of that procurement function; or
    (B) A major defense system and, in the performance of such function, 
participated on any occasion personally and substantially in a manner 
involving decision making responsibilities with respect to a contract 
for that system through contact with the Contractor;
    (ii) An individual who served in a civilian position for which the 
rate of pay is equal to or greater than the minimum rate of pay for a 
Senior Executive Service position or other executive position at the 
same or higher level, and an individual who served in the Armed Forces 
in the pay grade of 07 or higher, if such individual during the last two 
years of DoD service--
    (A) Acted as one of the primary Government representatives in the 
negotiation with a defense contractor of a DoD contractual action in an 
amount in excess of $10 million; or
    (B) Acted as one of the primary Government representatives in the 
negotiation of a settlement of an unresolved claim of such a defense 
contractor in an amount in excess of $10 million. An unresolved claim 
shall be, for the purposes of this section, valued by the greater of the 
amount of the claim or the amount of the settlement.
    (7) Major defense contractor means any business entity which, during 
the Government fiscal year preceding the Government fiscal year in which 
compensation was first provided to a former DoD employee, was awarded 
DoD contracts in a total amount of $10 million or more.
    (8) Major defense system means a combination of elements that will 
function together to produce the capability required to fulfill a 
mission need. Elements may include hardware, equipment, software, or any 
combination thereof, but exclude construction or other improvements to 
real property. A system shall be considered a major defense system if--

[[Page 10]]

    (i) The DoD is responsible for the system and the total expenditures 
(based on fiscal year 1980 constant dollars) for research, development, 
test and evaluation for the system, are estimated to exceed $75 million 
or the eventual total expenditure for procurement is estimated to exceed 
$300 million; or
    (ii) The system is designated a major system by the head of the 
agency responsible for the system.
    (9) Negotiation means exchanges of positions between representatives 
of the Government and a contractor with the view of reaching agreement 
regarding respective liabilities of the parties on a particular contract 
or claim. It includes deliberations regarding contract specifications, 
terms of delivery, allowability of costs, pricing of change orders, etc.
    (10) Primary Government representative means, if more than one 
Government representative is involved in any particular transaction, the 
official or officials supervising the Government's effort in the matter. 
To act as a ``representative'' requires personal and substantial 
participation in the transaction, by personal presence, telephone 
conversation, or similar involvement with representatives of a 
contractor.
    (11) Procurement-related function (or procurement function) means 
any function relating to--
    (i) The negotiation, award, administration, or approval of a 
contract;
    (ii) The selection of a contractor;
    (iii) The approval of a change in a contract;
    (iv) The performance of quality assurance, operational and 
developmental testing, the approval of payment, or auditing under a 
contract; or
    (v) The management of a procurement program.
    (b) Prohibition on compensation. (1) 10 U.S.C. 2397b and 2397c 
prohibit a major defense contractor from offering or providing any 
compensation valued in excess of $250 to a former DoD official who left 
DoD service on or after April 16, 1987, and who, while employed by DoD, 
performed procurement-related functions in connection with that defense 
contractor. This prohibition runs for the two year period beginning on 
the date of the official's separation from service in DoD.
    (2) The Contractor, if a major defense contractor, agrees not to 
provide, for the two year period, any compensation to the former DoD 
official.
    (3) DoD employees may request from their Designated Agency Ethics 
Official (DAEO) a written opinion on the applicability of 10 U.S.C. 
2397b prior to the acceptance of compensation. If the opinion of the 
DAEO is that the law is not applicable, and that the individual may 
accept compensation from the Contractor, there shall be a conclusive 
presumption that the offering and the acceptance of such compensation is 
not a violation of the statute.
    (c) Report concerning former DoD employees. (1) The Contractor shall 
submit a separate written report, as described in paragraph (c)(2) of 
this clause, for each calendar year covered by this contract (extending 
through final payment) if the calendar year commenced after the end of a 
Government fiscal year in which the Contractor was awarded one or more 
DoD contracts aggregating $10 million or more. In multidivisional 
corporations, the corporate headquarters, and each segment which 
contracts directly with the Government, shall report separately. Each 
report shall list those persons employed or otherwise compensated, who 
are former DoD employees who left service on or after April 16, 1987, 
if--
    (i) They were compensated by the Contractor during the reporting 
period; and
    (ii) The compensation was provided within two years after the person 
left service in the DoD.
    (2) The report shall contain:
    (i) Each person's name and the agency in which the person was 
employed or served on active duty during the last two years of service 
with DoD;
    (ii) Each person's job title(s) during the last two years of service 
with DoD, and a list of major defense systems on which each person 
performed any work;
    (iii) A complete description (exclusive of proprietary information) 
of any work that each person is performing, or did perform, on behalf of 
the Contractor during the calendar year covered by the report. If the 
work is classified, the Contractor may use a generalized description 
which will not compromise its classified nature;
    (iv) An identification of each major defense system on which each 
individual has performed any work on behalf of the Contractor.
    (3) Submit each report not later than April 1 of the year following 
the end of the calendar year for which the report is being made. Send 
reports to the Office of the Assistant General Counsel (Legal Counsel), 
Standards of Conduct Office, Attn: OAGC/LC, Pentagon, Washington, DC 
20301-1600.
    (4) A properly executed DD Form 1787 (Employment, Report of DoD and 
Defense Related) may be submitted to satisfy the reporting requirement 
as to any single person.
    (5) The Contractor need not submit duplicate reports to the 
Government. Submission of a report meeting the requirements of this 
clause, under another, concurrent contract with DoD will satisfy the 
reporting requirement of this contract.
    (d) Penalties for failure to comply--(1) Civil fines. A Contractor 
who knowingly offers or provides any compensation to a former DoD 
official in violation of the statute, and who

[[Page 11]]

knew or should have known that the acceptance of such compensation would 
be in violation of such statute, shall be subject to a civil fine, not 
to exceed $500,000.
    (2) Liquidated damages. (i) For each knowing violation of the 
statutory prohibition on providing compensation, the Contractor agrees 
to pay to the Government as liquidated damages the greater of either 
$100,000, or three times the total amount of compensation paid by the 
Contractor to the former DoD official during the period in which such 
compensation was in violation of the statutory prohibition.
    (ii) Liability for liquidated damages under this clause survives 
final payment under this contract and may be recouped against payments 
due under other contracts with the Contractor.
    (iii) Liquidated damages will be computed based upon the number of 
actual violations by the Contractor, and not on the number of contracts 
in which this clause appears.
    (3) Administrative penalty. If the Contractor knowingly fails to 
file a report in accordance with paragraph (c) of this clause, the 
Contractor shall be subject to an administrative penalty not to exceed 
$10,000. The final determination of the penalty to be charged to the 
Contractor shall be made by the Secretary of Defense or designee after 
the Contractor is afforded an opportunity for an agency hearing on the 
record in accordance with agency hearing procedures. The Secretary's 
determination shall form a part of the record and shall be subject to 
judicial review under chapter 7 of title 5, United States Code.
    (e) The rights and remedies under this clause are in addition to, 
and do not limit, any rights afforded the Government under this contract 
or as otherwise provided by law.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 60 FR 61600, Nov. 30, 1995]



Sec. 252.203-7001  Special prohibition on employment.

    As prescribed in 203.570-5, use the following clause:

              Special Prohibition on Employment (NOV 1995)

    (a) Definitions.
    As used in this clause--
    (1) Arising out of a contract with the DoD means any act in 
connection with--
    (i) Attempting to obtain,
    (ii) Obtaining, or
    (iii) Performing a contract or first-tier subcontract of any agency, 
department, or component of the Department of Defense (DoD).
    (2) Conviction of fraud or any other felony means any conviction for 
fraud or a felony in violation of state or Federal criminal statutes, 
whether entered on a verdict or plea, including a plea of nolo 
contendere, for which sentence has been imposed.
    (3) Date of conviction means the date judgment was entered against 
the individual.
    (b) 10 U.S.C. 2408 provides that any individual who is convicted 
after September 29, 1988, of fraud or any other felony arising out of a 
contract with the DoD is prohibited from:
    (1) Working in a management or supervisory capacity on any DoD 
contract or first-tier subcontract;
    (2) Serving on the board of directors of any DoD contractor or 
first-tier subcontractor; or
    (3) Serving as a consultant to any DoD contractor or first-tier 
subcontractor.
    (c) Unless waived, the prohibition in paragraph (b) applies for five 
years from the date of conviction.
    (d) 10 U.S.C. 2408 further provides that a defense contractor or 
first-tier subcontractor shall be subject to a criminal penalty of not 
more than $500,000 if convicted of knowingly--
    (1) Employing a person under a prohibition specified in paragraph 
(b) of this clause; or
    (2) Allowing such a person to serve on the board of directors of the 
contractor or first-tier subcontractor.
    (e) In addition to the criminal penalties contained in 10 U.S.C. 
2408, the Government may consider other available remedies, such as--
    (1) Suspension or debarment;
    (2) Cancellation of the contract at no cost to the Government; or
    (3) Termination of the contract for default.
    (f) The Contractor may submit written requests for waiver of the 
prohibitions in paragraph (b) of this clause to the Contracting Officer. 
Requests shall clearly identify--
    (1) The person involved;
    (2) The nature of the conviction and resultant sentence or 
punishment imposed;
    (3) The reasons for the requested waiver; and,
    (4) An explanation of why a waiver is in the interest of national 
security.
    (g) The Contractor agrees to include the substance of this clause, 
appropriately modified to reflect the identity and relationship of the 
parties, in all first-tier subcontracts exceeding the simplified 
acquisition threshold in part 13 of the Federal Acquisition Regulation, 
except those for commercial items or components.
    (h) Pursuant to 10 U.S.C. 2408(c), defense contractors and 
subcontractors may obtain information as to whether a particular person 
has been convicted of fraud or any other felony arising out of a 
contract with the DoD by contacting The Office of Justice Programs, The 
Denial of Benefits Office, U.S.

[[Page 12]]

Department of Justice, telephone (202) 307-1065.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 58 FR 28471, May 13, 1993; 59 
FR 27675, May 27, 1994; 60 FR 61600, Nov. 30, 1995]



Sec. 252.203-7002  Display of DoD hotline poster.

    As prescribed in 203.7002, use the following clause:

                Display of DOD Hotline Poster (Dec. 1991)

    (a) The Contractor shall display prominently in common work areas 
within business segments performing work under Department of Defense 
(DoD) contracts, DoD Hotline Posters prepared by the DoD Office of the 
Inspector General.
    (b) DoD Hotline Posters may be obtained from the DoD Inspector 
General, Attn: Defense Hotline, 400 Army Navy Drive, Washington, DC 
22202-2884.
    (c) The Contractor need not comply with paragraph (a) of this clause 
if it has established a mechanism, such as a hotline, by which employees 
may report suspected instances of improper conduct, and instructions 
that encourage employees to make such reports.

                             (End of clause)



Sec. 252.204-7000  Disclosure of Information.

    As prescribed in 204.404-70(a), use the following clause:

                  Disclosure of Information (Dec. 1991)

    (a) The Contractor shall not release to anyone outside the 
Contractor's organization any unclassified information, regardless of 
medium (e.g., film, tape, document), pertaining to any part of this 
contract or any program related to this contract, unless--
    (1) The Contracting Officer has given prior written approval; or
    (2) The information is otherwise in the public domain before the 
date of release.
    (b) Requests for approval shall identify the specific information to 
be released, the medium to be used, and the purpose for the release. The 
Contractor shall submit its request to the Contracting Officer at least 
45 days before the proposed date for release.
    (c) The Contractor agrees to include a similar requirement in each 
subcontract under this contract. Subcontractors shall submit requests 
for authorization to release through the prime contractor to the 
Contracting Officer.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 57 FR 14996, Apr. 23, 1992]



Sec. 252.204-7001  Commercial and Government Entity (CAGE) code reporting.

    As prescribed in 204.602-70, use the following provision:

   Commercial and Government Entity (CAGE) Code Reporting (Dec. 1991)

    (a) The Offeror is requested to enter its CAGE code on its offer in 
the block with its name and address. The CAGE code entered must be for 
that name and address. Enter CAGE before the number.
    (b) If the Offeror does not have a CAGE code, it may ask the 
Contracting Officer to request one from the Defense Logistics Services 
Center (DLSC). The Contracting Officer will--
    (1) Ask the Contractor to complete section B of a DD Form 2051, 
Request for Assignment of a Commercial and Government Entity (CAGE) 
Code;
    (2) Complete section A and forward the form to DLSC; and
    (3) Notify the Contractor of its assigned CAGE code.
    (c) Do not delay submission of the offer pending receipt of a CAGE 
code.

                           (End of provision)

[56 FR 36479, July 31, 1991, as amended at 60 FR 61600, Nov. 30, 1995]



Sec. 252.204-7002  Payment for subline items not separately priced.

    As prescribed in 204.7104-1(b)(3)(iv), use the following clause:

       Payment for Subline Items not Separately Priced (Dec. 1991)

    (a) If the schedule in this contract contains any contract subline 
items or exhibit subline items identified as not separately priced 
(NSP), it means that the unit price for that subline item is included in 
the unit price of another, related line or subline item.
    (b) The Contractor shall not invoice the Government for any portion 
of a contract line item or exhibit line item which contains an NSP 
until--
    (1) The Contractor has delivered the total quantity of all related 
contract subline items or exhibit subline items; and
    (2) The Government has accepted them.
    (c) This clause does not apply to technical data.


[[Page 13]]



                             (End of clause)



Sec. 252.204-7003  Control of government personnel work product.

    As prescribed in 204.404-70(b), use the following clause:

        Control of Government Personnel Work Product (Apr. 1992)

    The Contractor's procedures for protecting against unauthorized 
disclosure of information shall not require Department of Defense 
employees or members of the Armed Forces to relinquish control of their 
work products, whether classified or not, to the contractor.

                             (End of clause)

[57 FR 14996, Apr. 23, 1992]



Sec. 252.205-7000  Provision of information to cooperative agreement holders.

    As prescribed in 205.470-2, use the following clause:

  Provision of Information to Cooperative Agreement Holders (Dec. 1991)

    (a) Definition.
    Cooperative agreement holder means a State or local government; a 
private, nonprofit organization; a tribal organization (as defined in 
section 4(c) of the Indian Self-Determination and Education Assistance 
Act (Pub. L. 93-268; 25 U.S.C. 450(c))); or an economic enterprise (as 
defined in section 3(e) of the Indian Financing Act of 1974 (Pub. L. 93-
362; 25 U.S.C. 1452(e))) whether such economic enterprise is organized 
for profit or nonprofit purposes; which has an agreement with the 
Defense Logistics Agency to furnish procurement technical assistance to 
business entities.
    (b) The Contractor shall provide cooperative agreement holders, upon 
their request, with a list of those appropriate employees or offices 
responsible for entering into subcontracts under defense contracts. The 
list shall include the business address, telephone number, and area of 
responsibility of each employee or office.
    (c) The Contractor need not provide the listing to a particular 
cooperative agreement holder more frequently than once a year.

                             (End of clause)



Sec. 252.206-7000  Domestic source restriction.

    As prescribed at 206.302-3-70, use the following provision:

                 Domestic Source Restriction (Dec. 1991)

    This solicitation is restricted to domestic sources under the 
authority of 10 U.S.C. 2304(c)(3). Foreign sources, except Canadian 
sources, are not eligible for award.

                           (End of provision)



Sec. 252.208-7000  Intent to furnish precious metals as Government-furnished material.

    As prescribed in 208.7305(a), use the following clause:

Intent To Furnish Precious Metals as Government-Furnished Material (Dec. 
                                  1991)

    (a) The Government intends to furnish precious metals required in 
the manufacture of items to be delivered under the contract if the 
Contracting Officer determines it to be in the Government's best 
interest. The use of Government-furnished silver is mandatory when the 
quantity required is one hundred troy ounces or more. The precious 
metal(s) will be furnished pursuant to the Government Furnished Property 
clause of the contract.
    (b) The Offeror shall cite the type (silver, gold, platinum, 
palladium, iridium, rhodium, and ruthenium) and quantity in whole troy 
ounces of precious metals required in the performance of this contract 
(including precious metals required for any first article or production 
sample), and shall specify the national stock number (NSN) and 
nomenclature, if known, of the deliverable item requiring precious 
metals.

------------------------------------------------------------------------
                                                       Deliverable item 
         Precious metal*               Quantity            (NSN and     
                                                         nomenclature)  
------------------------------------------------------------------------
                                                                        
  ......................................................................
------------------------------------------------------------------------
*If platinum or palladium, specify whether sponge or granules are       
  required.                                                             

    (c) Offerors shall submit two prices for each deliverable item which 
contains precious metals--one based on the Government furnishing 
precious metals, and one based on the Contractor furnishing precious 
metals. Award will be made on the basis which is in the best interest of 
the Government.
    (d) The Contractor agrees to insert this clause, including this 
paragraph (d), in solicitations for subcontracts and purchase orders 
issued in performance of this contract, unless the Contractor knows that 
the item being purchased contains no precious metals.


[[Page 14]]



                             (End of clause)



Sec. 252.209-7000  Acquisition from subcontractors subject to on-site inspection under the Intermediate-Range Nuclear Forces (INF) Treaty.

    As prescribed in 209.103-70, use the following clause:

Acquisition From Subcontractors Subject to On-Site Inspection Under the 
        Intermediate-Range Nuclear Forces (INF) Treaty (NOV 1995)

    (a) The Contractor shall not deny consideration for a subcontract 
award under this contract to a potential subcontractor subject to on-
site inspection under the INF Treaty, or a similar treaty, solely or in 
part because of the actual or potential presence of Soviet inspectors at 
the subcontractor's facility, unless the decision is approved by the 
Contracting Officer.
    (b) The Contractor shall incorporate this clause, including this 
paragraph (b), in all solicitations and contracts exceeding the 
simplified acquisition threshold in part 13 of the Federal Acquisition 
Regulation, except those for commercial items.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 60 FR 61600, Nov. 30, 1995]



Sec. 252.209-7001  Disclosure of ownership or control by the government of a terrorist country.

    As prescribed in 209.104-70(a), use the following provision:

  Disclosure of Ownership or Control by the Government of a Terrorist 
                           Country (Sep. 1994)

    (a) Definitions. As used in this provision--
    (1) Government of a terrorist country includes the state and the 
government of a terrorist country, as well as any political subdivision, 
agency, or instrumentality thereof.
    (2) Terrorist country means a country determined by the Secretary of 
State, under section 6(j)(1)(A) of the Export Administration Act of 1979 
(50 U.S.C. App. 2405(j)(i)(A)), to be a country the government of which 
has repeatedly provided support for acts of international terrorism. As 
of the date of this provision, terrorist countries include: Cuba, Iran, 
Iraq, Libya, North Korea, Sudan, and Syria.
    (3) Significant interest means--
    (i) Ownership of or beneficial interest in 5 percent or more of the 
firm's or subsidiary's securities. Beneficial interest includes holding 
5 percent or more of any class of the firm's securities in ``nominee 
shares,'' ``street names,'' or some other method of holding securities 
that does not disclose the beneficial owner;
    (ii) Holding a management position in the firm, such as a director 
or officer;
    (iii) Ability to control or influence the election, appointment, or 
tenure of directors or officers in the firm;
    (iv) Ownership of 10 percent or more of the assets of a firm such as 
equipment, buildings, real estate, or other tangible assets of the firm; 
or
    (v) Holding 50 percent or more of the indebtedness of a firm.
    (b) Prohibition on award. In accordance with 10 U.S.C. 2327, no 
contract may be awarded to a firm or a subsidiary of a firm if the 
government of a terrorist country has a significant interest in the firm 
or subsidiary, unless a waiver is granted by the Secretary of Defense.
    (c) Disclosure. If the government of a terrorist country has a 
significant interest in the Offeror or a subsidiary of the Offeror, the 
Offeror shall disclose such interest in an attachment to its offer. If 
the Offeror is a subsidiary, it shall also disclose any significant 
interest the government of a terrorist country has in any firm that owns 
or controls the subsidiary. The disclosure shall include--
    (1) Identification of each government holding a significant 
interest; and
    (2) A description of the significant interest held by each 
government.

                           (End of provision)

[59 FR 51131, Oct. 7, 1994]



Sec. 252.209-7002  Disclosure of ownership or control by a foreign government.

    As prescribed in 209.104-70(b), use the following provision:

 Disclosure of Ownership or Control by a Foreign Government (Sep. 1994)

    (a) Definitions. As used in this provision--
    (1) Effectively owned or controlled means that a foreign government 
or any entity controlled by a foreign government has the power, either 
directly or indirectly, whether exercised or exercisable, to control the 
election, appointment, or tenure of the Offeror's officers or a majority 
of the Offeror's board of directors by any means, e.g., ownership, 
contract, or operation of law (or equivalent power for unincorporated 
organizations).
    (2) Entity controlled by a foreign government--
    (i) Means--
    (A) Any domestic or foreign organization or corporation that is 
effectively owned or controlled by a foreign government; or
    (B) Any individual acting on behalf of a foreign government.

[[Page 15]]

    (ii) Does not include an organization or corporation that is owned, 
but is not controlled, either directly or indirectly, by a foreign 
government if the ownership of that organization or corporation by that 
foreign government was effective before October 23, 1992.
    (3) Foreign government includes the state and the government of any 
country (other than the United States and its possessions and trust 
territories) as well as any political subdivision, agency, or 
instrumentality thereof.
    (4) Proscribed information means--
    (i) Top Secret information;
    (ii) Communications Security (COMSEC) information, except classified 
keys used to operate secure telephone units (STU IIIs);
    (iii) Restricted Data as defined in the U.S. Atomic Energy Act of 
1954, as amended;
    (iv) Special Access Program (SAP) information; or
    (v) Sensitive Compartmented Information (SCI).
    (b) Prohibition on award. No contract under a national security 
program may be awarded to an entity controlled by a foreign government 
if that entity requires access to proscribed information to perform the 
contract, unless the Secretary of Defense or a designee has waived 
application of 10 U.S.C. 2536(a).
    (c) Disclosure. The Offeror shall disclose any interest a foreign 
government has in the Offeror when that interest constitutes control by 
a foreign government as defined in this provision. If the Offeror is a 
subsidiary, it shall also disclose any reportable interest a foreign 
government has in any entity that owns or controls the subsidiary, 
including reportable interest concerning the Offeror's immediate parent, 
intermediate parents, and the ultimate parent. Use separate paper as 
needed, and provide the information in the following format: Offeror's 
Point of Contact for Questions about Disclosure (Name and Phone Number 
with Country Code, City Code and Area Code, as applicable)

                                                                        
                                                                        
                                                                        
Name and Address of Offeror                                             
Name and Address of Entity Controlled by a  Description of Interest,    
 Foreign Government.                         Ownership Percentage, and  
                                             Identification of Foreign  
                                             Government                 
                                                                        


                           (End of provision)

[58 FR 28471, May 13, 1993, as amended at 59 FR 51133, Oct. 7, 1994]



Sec. 252.209-7003  Disclosure of commercial transactions with the government of a terrorist country.

    As prescribed in 209.104-70(c), use the following provision:

Disclosure of Commercial Transactions With the Government of a Terrorist 
                           Country (Sep. 1994)

    (a) Definitions.
    Government of a terrorist country and terrorist country are defined 
in the Reporting of Commercial Transactions with the Government of a 
Terrorist Country clause of this solicitation.
    (b) Disclosure.
    (1) Section 843 of the National Defense Authorization Act for Fiscal 
Year 1994 (Pub. L. 103-160) requires offerors to disclose commercial 
transactions conducted with the government of a terrorist country. If 
this offer exceeds $5,000,000, and if the Offeror has conducted such 
transactions, the Offeror shall disclose, in an attachment to its offer, 
each commercial transaction that it has conducted with the government of 
a terrorist country since February 28, 1994. The disclosure shall 
include--
    (i) Identification of the government with which each transaction was 
conducted; and
    (ii) The nature of each transaction.
    (2) This disclosure requirement does not apply to--
    (i) Transactions conducted by affiliates or subsidiaries of the 
Offeror; or
    (ii) Payment or receipt of payment of a judgment or award ordered by 
a court or arbitral tribunal of competent jurisdiction.

                           (End of provision)

[59 FR 51131, Oct. 7, 1994]



Sec. 252.209-7004  Reporting of commercial transactions with the government of a terrorist country.

    As prescribed in 209.104-70(d), use the following clause:

Reporting of Commercial Transactions With the Government of a Terrorist 
                           Country (Sep. 1994)

    (a) Definitions. As used in this clause--
    (1) Government of a terrorist country includes the state and the 
government of a terrorist country, as well as any political subdivision, 
agency, or instrumentality thereof.
    (2) Terrorist country means a country determined by the Secretary of 
State, under section 6(j)(1)(A) of the Export Administration Act of 1979 
(50 U.S.C. App. 2405(j)(1)(A)), as of 60 days before the contract award 
date, to be

[[Page 16]]

a country the government of which has repeatedly provided support for 
acts of international terrorism. As of the date of this clause, 
terrorist countries include: Cuba, Iran, Iraq, Libya, North Korea, 
Sudan, and Syria.
    (b) Reporting. (1) In accordance with section 843 of the National 
Defense Authorization Act for Fiscal Year 1994 (Pub. L. 103-160), if 
this contract exceeds $5,000,000, the Contractor shall report each 
commercial transaction that it conducts with the government of a 
terrorist country during the period of performance of this contract (but 
not beyond September 30, 1996).
    (2) This reporting requirement does not apply to--
    (i) Transactions conducted by affiliates or subsidiaries of the 
Contractor; or
    (ii) Payment of receipt of payment of a judgment or award ordered by 
a court or arbitral tribunal of competent jurisdiction.
    (3) The Contractor shall submit reports in the following format:

Title of Report: Report of Commercial Transactions with the Government 
          of a Terrorist Country
Date of Report:
Contract Number:
Contractor's Name and Address:
Name and Telephone Number of Individual Submitting Report:
Commercial Transactions with the Government of a Terrorist Country:

Country

_______________________________________________________________________

_______________________________________________________________________

Nature of Commercial Transaction

_______________________________________________________________________

_______________________________________________________________________

    (4) The Contractor shall submit reports annually by September 30, 
but not beyond September 30, 1996. Each report shall include 
transactions conducted during the preceding one-year period of contract 
performance.
    (5) The Contractor shall submit reports to: Deputy Director of 
Defense Procurement (Foreign Contracting), OUSD(A&T)DP(FC), Washington, 
DC 20301-3060.

                             (End of clause)

[59 FR 51131, Oct. 7, 1994, as amended at 60 FR 29502, June 5, 1995]



Sec. 252.209-7005  Military recruiting on campus.

    As prescribed in 209.470-3, use the following clause:

                Military Recruiting on Campus (FEB 1996)

    (a) Definition. 
    Directory information, as used in this clause, means, with respect 
to a student, the student's name, address, telephone listing, date and 
place of birth, level of education, degrees received, and the most 
recent previous educational institution enrolled in by the student. 
Students are individuals who are 17 years of age or older.
    (b) General. An institution of higher education that has been 
determined, using procedures established by the Secretary of Defense at 
32 CFR part 216: (1) to have a policy of denying, or (2) to effectively 
prevent the Secretary of Defense from obtaining for military recruiting 
purposes, entry to such institution's campuses, access to students on 
those campuses, or access to directory information pertaining to its 
students, is ineligible for contract award and payments under existing 
contracts. In addition, the Government shall terminate this contract for 
the Contractor's material failure to comply with the terms and 
conditions of award.
    (c) Agreement. The contractor represents that it does not now have 
and agrees that during performance of this contract it will not adopt a 
policy of denying, and that it does not, is not, and will not during 
performance of the contract, effectively prevent the Secretary of 
Defense from obtaining for military recruiting purposes entry to 
campuses, access to students on campuses, or access to directory 
information pertaining to students.

                             (End of clause)

[60 FR 13074, Mar. 10, 1995. Redesignated and amended at 60 FR 61600, 
Nov. 30, 1995; 61 FR 7750, Feb. 29, 1996]



Sec. 252.211-7000  Acquisition streamlining.

    As prescribed in 211.002-70, use the following clause:

                  Acquisition Streamlining (Dec. 1991)

    (a) The Government's acquisition streamlining objectives are to--
    (1) Acquire systems that meet stated performance requirements;
    (2) Avoid over-specification; and
    (3) Ensure that cost effective requirements are included in future 
acquisitions.
    (b) The Contractor shall--
    (1) Prepare and submit acquisition streamlining recommendations in 
accordance with the statement of work of this contract; and
    (2) Format and submit the recommendations as prescribed by data 
requirements on the contract data requirements list of this contract.
    (c) The Government has the right to accept, modify, or reject the 
Contractor's recommendations.
    (d) The Contractor shall insert this clause, including this 
paragraph (d), in all subcontracts over $1 million, awarded in the 
performance of this contract.


[[Page 17]]



                             (End of clause)

[56 FR 36479, July 31, 1991. Redesignated and amended at 60 FR 61600, 
Nov. 30, 1995]



Sec. 252.211-7001  Availability of specifications and standards Not listed in DODISS, data item descriptions Not listed in DoD 5010.12-L, and plans, drawings, 
          and other pertinent documents.

    As prescribed in 211.204(c), use the following provision:

Availability of Specifications and Standards not Listed in DODISS, Data 
Item Descriptions Not Listed in DOD 5010.12-L, and Plans, Drawings, and 
                  Other Pertinent Documents (Dec. 1991)

    Offerors may obtain the specifications, standards, plans, drawings, 
data item descriptions, and other pertinent documents cited in this 
solicitation by submitting a request to:

(Activity)______________________________________________________________
(Complete Address)______________________________________________________

    Include the number of the solicitation and the title and number of 
the specification, standard, plan, drawing, or other pertinent document.

                           (End of provision)

[56 FR 36479, July 31, 1991. Redesignated and amended at 60 FR 61600, 
Nov. 30, 1995]



Sec. 252.211-7002  Availability for examination of specifications, standards, plans, drawings, data item descriptions, and other pertinent documents.

    As prescribed in 211.204(c), use the following provision:

   Availability for Examination of Specifications, Standards, Plans, 
 Drawings, Data Item Descriptions, and Other Pertinent Documents (Dec. 
                                  1991)

    The specifications, standards, plans, drawings, data item 
descriptions, and other pertinent documents cited in this solicitation 
are not available for distribution but may be examined at the following 
location:
_______________________________________________________________________

(Insert complete address)

                           (End of provision)

[56 FR 36479, July 31, 1991. Redesignated and amended at 60 FR 61600, 
Nov. 30, 1995]



Sec. 252.211-7003  Brand name or equal.

    As prescribed in 211.270-2, use the following provision:

                     Brand Name or Equal (Dec. 1991)

    (a) If items in this solicitation are identified as ``brand name or 
equal,'' the term is intended to be descriptive not restrictive. The 
``brand name or equal'' description is used to portray the 
characteristics and level of quality that will satisfy the Government's 
needs. The salient physical, functional, and other characteristics which 
``equal'' products must meet are specified in the solicitation.
    (b) To be considered for award, offers of ``equal'' products, 
including products (other than the ``brand name'' item) of the brand 
name manufacturer, must--
    (1) Meet the salient physical, functional, and other characteristics 
specified in this solicitation;
    (2) Clearly identify the item by--
    (i) Brand name, if any; and
    (ii) Make or model number;
    (3) Include descriptive literature such as cuts, illustrations, 
drawings, or a clear reference to previously furnished descriptive data 
or information available to the Contracting Officer; and
    (4) Clearly describe any modifications the Offeror plans to make in 
a product to make it conform to the solicitation requirements. Mark any 
descriptive material to clearly show the modifications.
    (c) The Contracting Officer will evaluate ``equal'' products on the 
basis of information furnished by the Offeror or identified in the offer 
and reasonably available to the Contracting Officer. The Contracting 
Officer is not responsible for locating or securing any information not 
identified in the offer and reasonably available.
    (d) Unless the Offeror clearly indicates in the offer that the 
product being offered is an ``equal'' product, the Contracting Officer 
will consider the offer as offering a brand name product referenced in 
the solicitation.

                           (End of provision)

[56 FR 36479, July 31, 1991. Redesignated and amended at 60 FR 61600, 
Nov. 30, 1995]



Sec. 252.211-7004  Alternate preservation, packaging, and packing.

    As prescribed in 211.272, use the following provision:

[[Page 18]]

       Alternate Preservation, Packaging, and Packing (Dec. 1991)

    (a) The Offeror may submit two unit prices for each item--one based 
on use of the military preservation, packaging, or packing requirements 
of the solicitation; and an alternate based on use of commercial or 
industrial preservation, packaging, or packing of equal or better 
protection than the military.
    (b) If the Offeror submits two unit prices, the following 
information, as a minimum, shall be submitted with the offer to allow 
evaluation of the alternate--
    (1) The per unit/item cost of commercial or industrial preservation, 
packaging, and packing;
    (2) The per unit/item cost of military preservation, packaging, and 
packing;
    (3) The description of commercial or industrial preservation, 
packaging, and packing procedures, including material specifications, 
when applicable, to include--
    (i) Method of preservation;
    (ii) Quantity per unit package;
    (iii) Cleaning/drying treatment;
    (iv) Preservation treatment;
    (v) Wrapping materials;
    (vi) Cushioning/dunnage material;
    (vii) Thickness of cushioning;
    (viii) Unit container;
    (ix) Unit package gross weight and dimensions;
    (x) Packing; and
    (xi) Packing gross weight and dimensions; and
    (4) Item characteristics, to include--
    (i) Material and finish;
    (ii) Net weight;
    (iii) Net dimensions; and
    (iv) Fragility.
    (c) If the Contracting Officer does not evaluate or accept the 
Offeror's proposed alternate commercial or industrial preservation, 
packaging, or packing, the Offeror agrees to preserve, package, or pack 
in accordance with the specified military requirements.

                           (End of provision)

[56 FR 36479, July 31, 1991. Redesignated and amended at 60 FR 61600, 
Nov. 30, 1995]



Sec. 252.212-7000  Offeror representations and certifications--Commercial items.

    As prescribed in 212.301(f)(ii), use the following provision:

 Offeror Representations and Certifications--Commercial Items (NOV 1995)

    (a) Definitions.
    As used in this clause--
    (1) Foreign person means any person other than a United States 
person as defined in Section 16(2) of the Export Administration Act of 
1979 (50 U.S.C. App. Sec. 2415).
    (2) United States person is defined in Section 16(2) of the Export 
Administration Act of 1979 and means any United States resident or 
national (other than an individual resident outside the United States 
and employed by other than a United States person), any domestic concern 
(including any permanent domestic establishment of any foreign concern), 
and any foreign subsidiary or affiliate (including any permanent foreign 
establishment) of any domestic concern which is controlled in fact by 
such domestic concern, as determined under regulations of the President.
    (b) Certification.
    By submitting this offer, the Offeror, if a foreign person, company 
or entity, certifies that it--
    (1) Does not comply with the Secondary Arab Boycott of Israel; and
    (2) Is not taking or knowingly agreeing to take any action, with 
respect to the Secondary Boycott of Israel by Arab countries, which 50 
U.S.C. App. Sec. 2407(a) prohibits a United States person from taking.
    (c) Representation of Extent of Transportation by Sea. (This 
representation does not apply to solicitations for the direct purchase 
of ocean transportation services).
    (1) The Offeror shall indicate by checking the appropriate blank in 
paragraph (c)(2) of this provision whether transportation of supplies by 
sea is anticipated under the resultant contract. The term ``supplies'' 
is defined in the Transportation of Supplies by Sea clause of this 
solicitation.
    (2) Representation.
    The Offeror represents that it--
    ______Does anticipate that supplies will be transported by sea in 
the performance of any contract or subcontract resulting from this 
solicitation.
    ______ Does not anticipate that supplies will be transported by sea 
in the performance of any contract or subcontract resulting from this 
solicitation.
    (3) Any contract resulting from this solicitation will include the 
Transportation of Supplies by Sea clause. If the Offeror represents that 
it will not use ocean transportation, the resulting contract will also 
include the Defense Federal Acquisition Regulation Supplement clause at 
252.247-7024, Notification of Transportation of Supplies by Sea.

                           (End of provision)

[60 FR 61600, Nov. 30, 1995, as amended at 61 FR 50455, Sept. 26, 1996]

[[Page 19]]



Sec. 252.212-7001  Contract terms and conditions required to implement statutes or Executive Orders applicable to Defense acquisitions of commercial items.

    As prescribed in 212.301(f)(iii), use the following clause:

    Contract Terms and Conditions Required to Implement Statutes or 
Executive Orders Applicable to Defense Acquisitions of Commercial Items 
                               (NOV 1995)

    (a) The Contractor agrees to comply with the Defense Federal 
Acquisition Regulation Supplement (DFARS) clause 252.247-7023, 
Transportation of Supplies by Sea, which is included in this contract by 
reference to implement 10 U.S.C. 2631.
    (b) The Contractor agrees to comply with any clause that is checked 
on the following list of DFARS clauses which, if checked, is included in 
this contract by reference to implement provisions of law or Executive 
Orders applicable to acquisitions of commercial items or components.

______ 252.205-7000  Provision of Information to Cooperative Agreement 
          Holders (10 U.S.C. 2416).
______ 252.206-7000  Domestic Source Restriction (10 U.S.C. 2304).
______ 252.219-7001  Notice of Partial Small Business Set-Aside with 
          Preferential Consideration for Small Disadvantaged Business 
          Concerns (____ Alternate I) (Section 9004, Pub. L. 101-165 (10 
          U.S.C. 2301 (repealed) note)).
______ 252.219-7002  Notice of Small Disadvantaged Business Set-Aside 
          (____ Alternate I) (15 U.S.C. 644).
______ 252.219-7003  Small Business and Small Disadvantaged Business 
          Subcontracting Plan (DoD Contracts) (15 U.S.C. 637).
______ 252.219-7005  Incentive for Subcontracting with Small Businesses, 
          Small Disadvantaged Businesses, Historically Black Colleges 
          and Universities and Minority Institutions (____ Alternate I) 
          (Section 9004, Pub. L. 101-165 (10 U.S.C. 2301 (repealed) 
          note)).
______ 252.219-7006  Noice of Evaluation Preference for Small 
          Disadvantaged Business Concerns (____ Alternate I) (15 U.S.C. 
          644).
______ 252.225-7001  Buy American Act and Balance of Payment Program (41 
          U.S.C. 10, E.O. 10582).
______ 252.225-7007  Trade Agreements (10 U.S.C. 2501-2582).
______ 252.225-7012  Preference for Certain Domestic Commodities.
______ 252.225-7014  Preference for Domestic Speciality Metals (10 
          U.S.C. 2241 note).
______ 252.225-7015  Preference for Domestic Hand or Measuring Tools (10 
          U.S.C. 2241 note).
______ 252.225-7017  Preference for United States and Canadian Valves 
          and Machine Tools (10 U.S.C. 2534(c)(2)).
______ 252.225-7027  Limitation on Sales Commissions and Fees (12 U.S.C. 
          2779).
______ 252.225-7028  Exclusionary Policies and Practices of Foreign 
          Governments (22 U.S.C. 2755).
______ 252.225-7029  Restriction on Acquisition of Air Circuit Breakers 
          (10 U.S.C. 2534(a)(3)).
______ 252.225-7036  North American Free Trade Agreement Implementation 
          Act.
______ 252.227-7015  Technical Data--Commercial Items (10 U.S.C. 2320).
______ 252.227-7037  Validation of Restrictive Markings on Technical 
          Data (10 U.S.C. 2321).
______ 252.233-7000  Certification of Claims and Requests for Adjustment 
          or Relief (10 U.S.C. 2410).
______ 252.242-7002  Submission of Commercial Freight Bills for Audit 
          (31 U.S.C. 3726).
______ 252.247-7024  Notification of Transportation of Supplies by Sea 
          (10 U.S.C. 2631).
______ 252.249-7001  Notification of Substantial Impact on Employment 
          (10 U.S.C. 2501 note).

                             (End of clause)

[60 FR 61601, Nov. 30, 1995, as amended at 61 FR 50455, Sept. 26, 1996]



Sec. 252.215-7000  Pricing adjustments.

    As prescribed in 215.804-8(1), use the following clause:

                     Pricing Adjustments (Dec. 1991)

    The term ``pricing adjustment,'' as used in paragraph (a) of the 
clauses entitled ``Price Reduction for Defective Cost or Pricing Data--
Modifications,'' ``Subcontractor Cost or Pricing Data,'' and 
``Subcontractor Cost or Pricing Data--Modifications,'' means the 
aggregate increases and/or decreases in cost plus applicable profits.

                             (End of clause)

252.215-7001  [Reserved]



Sec. 252.215-7002  Cost estimating system requirements.

    As prescribed in 215.811-70(h), use the following clause:

             Cost Estimating System Requirements (Dec. 1991)

    (a) Definition.

[[Page 20]]

    Estimating system means the Contractor's policies, procedures, and 
practices for generating estimates of costs and other data included in 
proposals submitted to customers in the expectation of receiving 
contract awards. Estimating system includes the Contractor's--
    (1) Organizational structure;
    (2) Established lines of authority, duties, and responsibilities;
    (3) Internal controls and managerial reviews;
    (4) Flow of work, coordination, and communication; and
    (5) Estimating methods, techniques, accumulation of historical 
costs, and other analyses used to generate cost estimates.
    (b) General. (1) The Contractor shall establish, maintain, and 
comply with an estimating system that is consistently applied and 
produces reliable, verifiable, supportable, and documented cost 
estimates that are an acceptable basis for negotiation of fair and 
reasonable prices.
    (2) The system should be--
    (i) Consistent and integrated with the Contractor's related 
management systems; and
    (ii) Subject to applicable financial control systems.
    (c) Applicability. Paragraphs (d) and (e) of this clause apply if 
the contractor is a large business and either--
    (1) In its fiscal year preceding award of this contract, received 
Department of Defense (DoD) prime contracts or subcontracts, totaling 
$50 million or more for which certified cost or pricing data were 
required; or
    (2) In its fiscal year preceding award of this contract--
    (i) Received DoD prime contracts or subcontracts totaling $10 
million or more (but less than $50 million) for which certified cost or 
pricing data were required; and
    (ii) Was notified in writing by the Contracting Officer that 
paragraphs (d) and (e) of this clause apply.
    (d) System requirements. (1) The Contractor shall disclose its 
estimating system to the Administrative Contracting Officer (ACO) in 
writing. If the Contractor wishes the Government to protect the 
information as privileged or confidential, the Contractor must mark the 
documents with the appropriate legends before submission.
    (2) An estimating system disclosure is adequate when the Contractor 
has provided the ACO with documentation which--
    (i) Accurately describes those policies, procedures, and practices 
that the Contractor currently uses in preparing cost proposals; and
    (ii) Provides sufficient detail for the Government to reasonably 
make an informed judgment regarding the adequacy of the contractor's 
estimating practices.
    (3) The Contractor shall--
    (i) Comply with its disclosed estimating system; and
    (ii) Disclose significant changes to the cost estimating system to 
the ACO on a timely basis.
    (e) Estimating system deficiencies. (1) The Contractor shall respond 
to a written report from the Government which identifies deficiencies in 
the Contractor's estimating system as follows:
    (i) If the Contractor agrees with the report findings and 
recommendations, the Contractor shall--
    (A) Within 30 days, state its agreement in writing; and
    (B) Within 60 days, correct the deficiencies or submit a corrective 
action plan showing proposed milestones and actions leading to 
elimination of the deficiencies.
    (ii) If the Contractor disagrees with the report, the Contractor 
shall, within 30 days, state its rationale for disagreeing.
    (2) The ACO will evaluate the Contractor's response and notify the 
Contractor of the determination concerning remaining deficiencies and/or 
the adequacy of any proposed or completed corrective action.

                             (End of clause)



Sec. 252.216-7000  Economic price adjustment--basic steel, aluminum, brass, bronze, or copper mill products.

    As prescribed in 216.203-4-70(a), use the following clause:

  Economic Price Adjustment--Basic Steel, Aluminum, Brass, Bronze, or 
                    Copper Mill Products (Dec. 1991)

    (a) Definitions.
    As used in this clause,
    Established price means a price which--
    (1) Is an established catalog or market price for a commercial item 
sold in substantial quantities to the general public; and
    (2) Meets the criteria of FAR 15.804-3.
    Unit price excludes any part of the price which reflects 
requirements for preservation, packaging, and packing beyond standard 
commercial practice.
    (b) The Contractor warrants that the unit price stated for (Identify 
the item) is not in excess of the Contractor's established price in 
effect on the date set for opening of bids (or the contract date if this 
is a negotiated contract) for like quantities of the same item. This 
price is the net price after applying any applicable standard trade 
discounts offered by the Contractor from its catalog, list, or schedule 
price.
    (c) The Contractor shall promptly notify the Contracting Officer of 
the amount and effective date of each decrease in any established price.

[[Page 21]]

    (1) Each corresponding contract unit price shall be decreased by the 
same percentage that the established price is decreased.
    (2) This decrease shall apply to items delivered on or after the 
effective date of the decrease in the Contractor's established price.
    (3) This contract shall be modified accordingly.
    (4) The Contractor shall certify on each invoice that each unit 
price stated reflects all decreases required by this clause, or shall 
certify on the final invoice that all price decreases required by this 
clause have been applied as required.
    (d) If the Contractor's established price is increased after the 
date set for opening of bids (or the contract date if this is a 
negotiated contract), upon the Contractor's written request to the 
Contracting Officer, the corresponding contract unit price shall be 
increased by the same percentage that the established price is 
increased, and this contract shall be modified accordingly, provided--
    (1) The aggregate of the increases in any contract unit price under 
this contract shall not exceed 10 percent of the original contract unit 
price;
    (2) The increased contract unit price shall be effective on the 
effective date of the increase in the applicable established price if 
the Contractor's written request is received by the Contracting Officer 
within ten days of the change. If it is not, the effective date of the 
increased unit price shall be the date of receipt of the request by the 
Contracting Officer; and
    (3) The increased contract unit price shall not apply to quantities 
scheduled for delivery before the effective date of the increased 
contract unit price unless the Contractor's failure to deliver before 
that date results from causes beyond the control and without the fault 
or negligence of the Contractor, within the meaning of the Default 
clause of this contract.
    (4) The Contracting Officer shall not execute a modification 
incorporating an increase in a contract unit price under this clause 
until the increase is verified.
    (e) Within 30 days after receipt of the Contractor's written 
request, the Contracting Officer may cancel, without liability to either 
party, any portion of the contract affected by the requested increase 
and not delivered at the time of such cancellation, except as follows--
    (1) The Contractor may after that time deliver any items which the 
Contractor certifies, by notice received by the Contracting Officer 
within ten days after the Contractor receives the cancellation notice, 
were completed or in the process of manufacture at the time of receipt 
of the cancellation notice.
    (2) The Government shall pay for those items at the contract unit 
price increased to the extent provided by paragraph (d) of this clause.
    (3) Any standard steel supply item shall be deemed to be in the 
process of manufacture when the steel for that item is in the state of 
processing after the beginning of the furnace melt.
    (f) Pending any cancellation of this contract under paragraph (e) of 
this clause, or if there is no cancellation, the Contractor shall 
continue deliveries according to the delivery schedule of the contract. 
The Contractor shall be paid for those deliveries at the contract unit 
price increased to the extent provided by paragraph (d) of this clause.

                             (End of clause)



Sec. 252.216-7001  Economic price adjustment--nonstandard steel items.

    As prescribed in 216.203-4-70(b), use the following clause:

     Economic Price Adjustment--Nonstandard Steel Items (Dec. 1991)

    (a) Definitions.
    As used in this clause--
    Base labor index means the average of the labor indices for the 
three months which consist of the month of bid opening (or offer 
submission) and the months immediately preceding and following that 
month.
    Base steel index means the Contractor's established price (see note 
6) including all applicable extras of $________ per __________ (see note 
1) for __________ (see note 2) on the date set for bid opening (or the 
date of submission of the offer).
    Current labor index means the average of the labor indices for the 
month in which delivery of supplies is required to be made and the month 
preceding.
    Current steel index means the Contractor's established price (see 
note 6) for that item, including all applicable extras in effect 
________ days (see note 3) prior to the first day of the month in which 
delivery is required.
    Established price is--
    (1) A price which--
    (i) Is an established catalog or market price of a commercial item 
sold in substantial quantities to the general public; and
    (ii) Meets the criteria of FAR 15.804-3; and
    (2) The net price after applying any applicable standard trade 
discounts offered by the Contractor from its catalog, list, or schedule 
price. (But see note 6.)
    Labor index means the average straight time hourly earnings of the 
Contractor's employees in the ________ shop of the Contractor's 
__________ plant (see note 4) for any particular month.
    Month means calendar month. However, if the Contractor's accounting 
period does not coincide with the calendar month, then that

[[Page 22]]

accounting period shall be used in lieu of month.
    (b) Each contract unit price shall be subject to revision, under the 
terms of this clause, to reflect changes in the cost of labor and steel. 
For purpose of this price revision, the proportion of the contract unit 
price attributable to costs of labor not otherwise included in the price 
of the steel item identified under the base steel index definition in 
paragraph (a) shall be ______ percent, and the proportion of the 
contract unit price attributable to the cost of steel shall be ______ 
percent. (See note 5.)
    (c)(1) Unless otherwise specified in this contract, the labor index 
shall be computed by dividing the total straight time earnings of the 
Contractor's employees in the shop identified in paragraph (a) for any 
given month by the total number of straight time hours worked by those 
employees in that month.
    (2) Any revision in a contract unit price to reflect changes in the 
cost of labor shall be computed solely by reference to the ``base labor 
index'' and the ``current labor index.''
    (d) Any revision in a contract unit price to reflect changes in the 
cost of steel shall be computed solely by reference to the ``base steel 
index'' and the ``current steel index.''
    (e)(1) Each contract unit price shall be revised for each month in 
which delivery of supplies is required to be made.
    (2) The revised contract unit price shall apply to the deliveries of 
those quantities required to be made in that month regardless of when 
actual delivery is made.
    (3) Each revised contract unit price shall be computed by adding--
    (i) The adjusted cost of labor (obtained by multiplying ______ 
percent of the contract unit price by a fraction, of which the numerator 
shall be the current labor index and the denominator shall be the base 
labor index);
    (ii) The adjusted cost of steel (obtained by multiplying ______ 
percent of the contract unit price by a fraction, of which the numerator 
shall be the current steel index and the denominator shall be the base 
steel index); and
    (iii) The amount equal to ______ percent of the original contract 
unit price (representing that portion of the unit price which relates 
neither to the cost of labor nor the cost of steel, and which is 
therefore not subject to revision (see note 5)).
    (4) The aggregate of the increases in any contract unit price under 
this contract shall not exceed ten percent of the original contract unit 
price.
    (5) Computations shall be made to the nearest one-hundredth of one 
cent.
    (f)(1) Pending any revisions of the contract unit prices, the 
Contractor shall be paid the contract unit price for deliveries made.
    (2) Within 30 days after final delivery (or such other period as may 
be authorized by the Contracting Officer), the Contractor shall furnish 
a statement identifying and certifying the correctness of--
    (i) The average straight time hourly earnings of the Contractor's 
employees in the shop identified in paragraph (a) that are relevant to 
the computations of the base labor index and the current labor index; 
and
    (ii) The Contractor's established prices (see note 6), including all 
applicable extras for like quantities of the item that are relevant to 
the computation of the base steel index and the current steel index.
    (3) Upon request of the Contracting Officer, the Contractor shall 
make available all records used in the computation of the labor indices.
    (4) Upon receipt of the certified statement, the Contracting Officer 
will compute the revised contract unit prices and modify the contract 
accordingly. No modification to this contract will be made pursuant to 
this clause until the Contracting Officer has verified the revised 
established price (see note 6).
    (g)(1) In the event any item of this contract is subject to a total 
or partial termination for convenience, the month in which the 
Contractor receives notice of the termination, if prior to the month in 
which delivery is required, shall be considered the month in which 
delivery of the terminated item is required for the purposes of 
determining the current labor and steel indices under paragraphs (c) and 
(d).
    (2) For any item which is not terminated for convenience, the month 
in which delivery is required under the contract shall continue to apply 
for determining those indices with respect to the quantity of the non-
terminated item.
    (3) If this contract is terminated for default, any price revision 
shall be limited to the quantity of the item which has been delivered by 
the Contractor and accepted by the Government prior to receipt by the 
Contractor of the notice of termination.
    (h) If the Contractor's failure to make delivery of any required 
quantity arises out of causes beyond the control and without the fault 
or negligence of the Contractor, within the meaning of the clause of 
this contract entitled ``Default,'' the quantity not delivered shall be 
delivered as promptly as possible after the cessation of the cause of 
the failure, and the delivery schedule set forth in this contract shall 
be amended accordingly.
    Notes:
    1 Offeror insert the unit price and unit measure of the standard 
steel mill item to be used in the manufacture of the contract item.
    2 Offeror identify the standard steel mill item to be used in the 
manufacture of the contract item.

[[Page 23]]

    3 Offeror insert best estimate of the number of days required for 
processing the standard steel mill item in the shop identified under the 
labor index definition.
    4 Offeror identify the shop and plant in which the standard steel 
mill item identified under the base steel index definition will be 
finally fabricated or processed into the contract item.
    5 Offeror insert the same percentage figures for the corresponding 
blanks in paragraphs (b), (e)(3)(i), and (e)(3)(ii). In paragraph 
(e)(3)(iii), insert the percentage representing the difference between 
the sum of the percentages inserted in paragraph (b) and 100 percent.
    6 In negotiated acquisitions of nonstandard steel items, when there 
is no established price or when it is not desirable to use this price, 
this paragraph may refer to another appropriate price basis, e.g., an 
established interplant price.

                             (End of clause)



Sec. 252.216-7002  Alternate.

                         Alternate A (Oct. 1994)

    As prescribed in 216.307(i), substitute the following paragraphs (b) 
and (g) for paragraphs (b) and (g) of the clause at FAR 52.216-15, 
Predetermined Indirect Cost Rates:

    (b) Not later than 90 days after the expiration of the Contractor's 
fiscal year (or other period specified in the Schedule), the Contractor 
shall submit to the cognizant Contracting Officer under subpart 42.7 of 
the Federal Acquisition Regulation (FAR) and, if required by agency 
procedures, to the cognizant Government audit activity, proposed 
predetermined indirect cost rates and supporting cost data. The proposed 
rate shall be based on the Contractor's actual cost experience during 
that fiscal year (or other period specified in the Schedule). 
Negotiations of predetermined indirect cost rates shall begin as soon as 
practical after receipt of the contractor's proposal.
    (g) Allowable indirect costs for the period from the beginning of 
performance until the end of the Contractor's fiscal year (or other 
period specified in the Schedule) shall be obtained using the 
predetermined indirect cost rates and the bases shown in the Schedule.

[59 FR 53116, Oct. 21, 1994]



Sec. 252.217-7000  Exercise of option to fulfill foreign military sales commitments.

    As prescribed in 217.208-70(a), use the following clause:

 Exercise of Option To Fulfill Foreign Military Sales Commitments (Dec. 
                                  1991)

    (a) The Government may exercise the option(s) of this contract to 
fulfill foreign military sales commitments.
    (b) The foreign military sales commitments are for:
_______________________________________________________________________
(Insert name of country, or To Be Determined)
_______________________________________________________________________
(Insert applicable CLIN)

                             (End of clause)

                         Alternate I (Dec. 1991)

    As prescribed in 217.208-70(a)(1), substitute the following 
paragraph (b) for paragraph (b) of the basic clause:

    (b) On the date the option is exercised, the Government shall 
identify the foreign country for the purpose of negotiating any 
equitable adjustment attributable to foreign military sales. Failure to 
agree on an equitable adjustment shall be treated as a dispute under the 
Disputes clause of this contract.



Sec. 252.217-7001  Surge option.

    As prescribed in 217.208-70(b), use the following clause:

                        Surge Option (Aug. 1992)

    (a) General. The Government has the option to--
    (1) Increase the quantity of supplies or services called for under 
this contract by no more than ______ percent; and/or
    (2) Accelerate the rate of delivery called for under this contract, 
at a price or cost established before contract award or to be 
established by negotiation as provided in this clause.
    (b) Schedule. (1) When the Production Surge Plan (DI-MGMT-80969) is 
included in the contract, the option delivery schedule shall be the 
production rate provided with the Plan. If the Plan was negotiated 
before contract award, then the negotiated schedule shall be used.
    (2) If there is no Production Surge Plan in the contract, the 
Contractor shall, within 30 days from the date of award, furnish the 
Contracting Officer a delivery schedule showing the maximum sustainable 
rate of delivery for items in this contract. This delivery schedule 
shall provide acceleration by month up to the maximum sustainable rate 
of delivery achievable within the Contractor's existing facilities, 
equipment, and subcontracting structure.
    (3) The Contractor shall not revise the option delivery schedule 
without approval from the Contracting Officer.

[[Page 24]]

    (c) Exercise of option. (1) The Contracting Officer may exercise 
this option at any time before acceptance by the Government of the final 
scheduled delivery.
    (2) The Contracting Officer will provide a preliminary oral or 
written notice to the Contractor stating the quantities to be added or 
accelerated under the terms of this clause, followed by a contract 
modification incorporating the transmitted information and instructions. 
The notice and modification will establish a not-to-exceed price equal 
to the highest contract unit price or cost of the added or accelerated 
items as of the date of the notice.
    (3) The Contractor will not be required to deliver at a rate greater 
than the maximum sustainable delivery rate under paragraph (b)(2) of 
this clause, nor will the exercise of this option extend delivery more 
than 24 months beyond the scheduled final delivery.
    (d) Price negotiation. (1) Unless the option cost or price was 
previously agreed upon, the Contractor shall, within 30 days from the 
date of option exercise, submit to the Contracting Officer a cost or 
price proposal (including a cost breakdown) for the added or accelerated 
items.
    (2) Failure to agree on a cost or price in negotiations resulting 
from the exercise of this option shall constitute a dispute concerning a 
question of fact within the meaning of the Disputes clause of this 
contract. However, nothing in this clause shall excuse the Contractor 
from proceeding with the performance of the contract, as modified, while 
any resulting claim is being settled.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 57 FR 42633, Sept. 15, 1992]



Sec. 252.217-7002  Offering property for exchange.

    As prescribed in 217.7005, use the following provision:

               Offering Property for Exchange (Dec. 1991)

    (a) The property described in item number ________, is being offered 
in accordance with the exchange provisions of section 201(c) of the 
Federal Property and Administrative Services Act of 1949, 63 Stat. 384 
(40 U.S.C. 481(c)).
    (b) The property is located at (insert address). Offerors may 
inspect the property during the period (insert beginning and ending 
dates and insert hours during day).

                           (End of provision)



Sec. 252.217-7003  Changes.

    As prescribed in 217.7104(a), use the following clause:

                           Changes (Dec. 1991)

    (a) The Contracting Officer may, at any time and without notice to 
the sureties, by written change order, make changes within the general 
scope of any job order issued under the Master Agreement in--
    (1) Drawings, designs, plans, and specifications;
    (2) Work itemized;
    (3) Place of performance of the work;
    (4) Time of commencement or completion of the work; and
    (5) Any other requirement of the job order.
    (b) If a change causes an increase or decrease in the cost of, or 
time required for, performance of the job order, whether or not changed 
by the order, the Contracting Officer shall make an equitable adjustment 
in the price or date of completion, or both, and shall modify the job 
order in writing.
    (1) Within ten days after the Contractor receives notification of 
the change, the Contractor shall submit to the Contracting Officer a 
request for price adjustment, together with a written estimate of the 
increased cost.
    (2) The Contracting Officer may grant an extension of this period if 
the Contractor requests it within the ten day period.
    (3) If the circumstances justify it, the Contracting Officer may 
accept and grant a request for equitable adjustment at any later time 
prior to final payment under the job order, except that the Contractor 
may not receive profit on a payment under a late request.
    (c) If the Contractor includes in its claim the cost of property 
made obsolete or excess as a result of a change, the Contracting Officer 
shall have the right to prescribe the manner of disposition of that 
property.
    (d) Failure to agree to any adjustment shall be a dispute within the 
meaning of the Disputes clause.
    (e) Nothing in this clause shall excuse the Contractor from 
proceeding with the job order as changed.

                             (End of clause)



Sec. 252.217-7004  Job orders and compensation.

    As prescribed in 217.7104(a), use the following clause:

[[Page 25]]

                 Job Orders and Compensation (Dec. 1991)

    (a) The Contracting Officer shall solicit bids or proposals and make 
award of job orders in accordance with FAR part 14 or 15, as applicable. 
The issuance of a job order signed by the Contracting Officer 
constitutes award. The job order shall incorporate the terms and 
conditions of the Master Agreement.
    (b) Whenever the Contracting Officer determines that a vessel, its 
cargo or stores, would be endangered by delay, or whenever the 
Contracting Officer determines that military necessity requires that 
immediate work on a vessel is necessary, the Contracting Officer may 
issue a written order to perform that work and the Contractor hereby 
agrees to comply with that order and to perform work on such vessel 
within its capabilities.
    (1) As soon as practicable after the issuance of the order, the 
Contracting Officer and the Contractor shall negotiate a price for the 
work and the Contracting Officer shall issue a job order covering the 
work.
    (2) The Contractor shall, upon request, furnish the Contracting 
Officer with a breakdown of costs incurred by the Contractor and an 
estimate of costs expected to be incurred in the performance of the 
work. The Contractor shall maintain, and make available for inspection 
by the Contracting Officer or the Contracting Officer's representative, 
records supporting the cost of performing the work.
    (3) Failure of the parties to agree upon the price of the work shall 
constitute a dispute within the meaning of the Disputes clause of the 
Master Agreement. In the meantime, the Contractor shall diligently 
proceed to perform the work ordered.
    (c)(1) If the nature of any repairs is such that their extent and 
probable cost cannot be ascertained readily, the Contracting Officer may 
issue a job order (on a sealed bid or negotiated basis) to determine the 
nature and extent of required repairs.
    (2) Upon determination by the Contracting Officer of what work is 
necessary, the Contractor, if requested by the Contracting Officer, 
shall negotiate prices for performance of that work. The prices agreed 
upon shall be set forth in a modification of the job order.
    (3) Failure of the parties to agree upon the price shall constitute 
a dispute under the Disputes clause. In the meantime, the Contractor 
shall diligently proceed to perform the work ordered.

                             (End of clause)



Sec. 252.217-7005  Inspection and manner of doing work.

    As prescribed in 217.7104(a), use the following clause:

             Inspection and Manner of Doing Work (Dec. 1991)

    (a) The Contractor shall perform work in accordance with the job 
order, any drawings and specifications made a part of the job order, and 
any change or modification issued under the Changes clause of the Master 
Agreement.
    (b)(1) Except as provided in paragraph (b) (2) of this clause, and 
unless otherwise specifically provided in the job order, all operational 
practices of the Contractor and all workmanship, material, equipment, 
and articles used in the performance of work under the Master Agreement 
shall be in accordance with the best commercial marine practices and the 
rules and requirements of the American Bureau of Shipping, the U.S. 
Coast Guard, and the Institute of Electrical and Electronic Engineers, 
in effect at the time of Contractor's submission of bid (or acceptance 
of the job order, if negotiated).
    (2) When Navy specifications are specified in the job order, the 
Contractor shall follow Navy standards of material and workmanship. The 
solicitation shall prescribe the Navy standard whenever applicable.
    (c) The Government may inspect and test all material and workmanship 
at any time during the Contractor's performance of the work.
    (1) If, prior to delivery, the Government finds any material or 
workmanship is defective or not in accordance with the job order, in 
addition to its rights under the Guarantees clause of the Master 
Agreement, the Government may reject the defective or nonconforming 
material or workmanship and require the Contractor to correct or replace 
it at the Contractor's expense.
    (2) If the Contractor fails to proceed promptly with the replacement 
or correction of the material or workmanship, the Government may replace 
or correct the defective or nonconforming material or workmanship and 
charge the Contractor the excess costs incurred.
    (3) As specified in the job order, the Contractor shall provide and 
maintain an inspection system acceptable to the Government.
    (4) The Contractor shall maintain complete records of all inspection 
work and shall make them available to the Government during performance 
of the job order and for 90 days after the completion of all work 
required.
    (d) The Contractor shall not permit any welder to work on a vessel 
unless the welder is, at the time of the work, qualified to the 
standards established by the U.S. Coast Guard, American Bureau of 
Shipping, or Department of the Navy for the type of welding being 
performed. Qualifications of a welder shall be as specified in the job 
order.
    (e) The Contractor shall--

[[Page 26]]

    (1) Exercise reasonable care to protect the vessel from fire;
    (2) Maintain a reasonable system of inspection over activities 
taking place in the vicinity of the vessel's magazines, fuel oil tanks, 
or storerooms containing flammable materials;
    (3) Maintain a reasonable number of hose lines ready for immediate 
use on the vessel at all times while the vessel is berthed alongside the 
Contractor's pier or in dry dock or on a marine railway;
    (4) Unless otherwise provided in a job order, provide sufficient 
security patrols to reasonably maintain a fire watch for protection of 
the vessel when it is in the Contractor's custody;
    (5) To the extent necessary, clean, wash, and steam out or otherwise 
make safe, all tanks under alteration or repair;
    (6) Furnish the Contracting Officer a ``gas-free'' or ``safe-for-
hotwork'' certificate before any hot work is done on a tank;
    (7) Treat the contents of any tank as Government property in 
accordance with the Government Property (Fixed-Price Contracts) clause; 
and
    (8) Dispose of the contents of any tank only at the direction, or 
with the concurrence, of the Contracting Officer.
    (f) Except as otherwise provided in the job order, when the vessel 
is in the custody of the Contractor or in dry dock or on a marine 
railway and the temperature is expected to go as low as 35  deg.F, the 
Contractor shall take all necessary steps to--
    (1) Keep all hose pipe lines, fixtures, traps, tanks, and other 
receptacles on the vessel from freezing; and
    (2) Protect the stern tube and propeller hubs from frost damage.
    (g) The Contractor shall, whenever practicable--
    (1) Perform the required work in a manner that will not interfere 
with the berthing and messing of Government personnel attached to the 
vessel; and
    (2) Provide Government personnel attached to the vessel access to 
the vessel at all times.
    (h) Government personnel attached to the vessel shall not interfere 
with the Contractor's work or workers.
    (i)(1) The Government does not guarantee the correctness of the 
dimensions, sizes, and shapes set forth in any job order, sketches, 
drawings, plans, or specifications prepared or furnished by the 
Government, unless the job order requires that the Contractor perform 
the work prior to any opportunity to inspect.
    (2) Except as stated in paragraph (i)(1) of this clause, and other 
than those parts furnished by the Government, the Contractor shall be 
responsible for the correctness of the dimensions, sizes, and shapes of 
parts furnished under this agreement.
    (j) The Contractor shall at all times keep the site of the work on 
the vessel free from accumulation of waste material or rubbish caused by 
its employees or the work. At the completion of the work, unless the job 
order specifies otherwise, the Contractor shall remove all rubbish from 
the site of the work and leave the immediate vicinity of the work area 
``broom clean.''

                             (End of clause)



Sec. 252.217-7006  Title.

    As prescribed in 217.7104(a), use the following clause:

                            Title (Dec. 1991)

    (a) Unless otherwise provided, title to all materials and equipment 
to be incorporated in a vessel in the performance of a job order shall 
vest in the Government upon delivery at the location specified for the 
performance of the work.
    (b) Upon completion of the job order, or with the approval of the 
Contracting Officer during performance of the job order, all Contractor-
furnished materials and equipment not incorporated in, or placed on, any 
vessel, shall become the property of the Contractor, unless the 
Government has reimbursed the Contractor for the cost of the materials 
and equipment.
    (c) The vessel, its equipment, movable stores, cargo, or other 
ship's materials shall not be considered Government-furnished property.

                             (End of clause)



Sec. 252.217-7007  Payments.

    As prescribed in 217.7104(a), use the following clause:

                          Payments (Dec. 1991)

    (a) Progress payments, as used in this clause, means payments made 
before completion of work in progress under a job order.
    (b) Upon submission by the Contractor of invoices in the form and 
number of copies directed by the Contracting Officer, and as approved by 
the Contracting Officer, the Government will make progress payments as 
work progresses under the job order.
    (1) Generally, the Contractor may submit invoices on a semi-monthly 
basis, unless expenditures justify a more frequent submission.
    (2) The Government need not make progress payments for invoices 
aggregating less than $5,000.
    (3) The Contracting Officer shall approve progress payments based on 
the value, computed on the price of the job order, of labor and 
materials incorporated in the work, materials suitably stored at the 
site of the

[[Page 27]]

work, and preparatory work completed, less the aggregate of any previous 
payments.
    (4) Upon request, the Contractor will furnish the Contracting 
Officer any reports concerning expenditures on the work to date that the 
Contracting Officer may require.
    (c) The Government will retain until final completion and acceptance 
of all work covered by the job order, an amount estimated or approved by 
the Contracting Officer under paragraph (b) of this clause. The amount 
retained will be in accordance with the rate authorized by Congress for 
Naval vessel repair contracts at the time of job order award.
    (d) The Contracting Officer may direct that progress payments be 
based on the price of the job order as adjusted as a result of change 
orders under the Changes clause of the Master Agreement. If the 
Contracting Officer does not so direct--
    (1) Payments of any increases shall be made from time to time after 
the amount of the increase is determined under the Changes clause of the 
Master Agreement; and
    (2) Reductions resulting from decreases shall be made for the 
purposes of subsequent progress payments as soon as the amounts are 
determined under the Changes clause of the Master Agreement.
    (e) Upon completion of the work under a job order and final 
inspection and acceptance, and upon submission of invoices in such form 
and with such copies as the Contracting Officer may prescribe, the 
Contractor shall be paid for the price of the job order, as adjusted 
pursuant to the Changes clause of the Master Agreement, less any 
performance reserves deemed necessary by the Contracting Officer, and 
less the amount of any previous payments.
    (f) All materials, equipment, or any other property or work in 
process covered by the progress payments made by the Government, upon 
the making of those progress payments, shall become the sole property of 
the Government, and are subject to the provisions of the Title clause of 
the Master Agreement.

                             (End of clause)



Sec. 252.217-7008  Bonds.

    As prescribed in 217.7104(a), use the following clause:

                            Bonds (Dec. 1991)

    (a) If the solicitation requires an offeror to submit a bid bond, 
the Offeror may furnish, instead, an annual bid bond (or evidence 
thereof) or an annual performance and payment bond (or evidence 
thereof).
    (b) If the solicitation does not require a bid bond, the Offeror 
shall not include in the price any contingency to cover the premium of 
such a bond.
    (c) Even if the solicitation does not require bonds, the Contracting 
Officer may nevertheless require a performance and payment bond, in 
form, amount, and with a surety acceptable to the Contracting Officer. 
Where performance and payment bond is required, the offer price shall be 
increased upon the award of the job order in an amount not to exceed the 
premium of a corporate surety bond.
    (d) If any surety upon any bond furnished in connection with a job 
order under this agreement fails to submit requested reports as to its 
financial condition or otherwise becomes unacceptable to the Government, 
the Contracting Officer may require the Contractor to furnish whatever 
additional security the Contracting Officer determines necessary to 
protect the interests of the Government and of persons supplying labor 
or materials in the performance of the work contemplated under the 
Master Agreement.

                             (End of clause)



Sec. 252.217-7009  Default.

    As prescribed in 217.7104(a), use the following clause:

                           Default (Dec. 1991)

    (a) The Government may, subject to the provisions of paragraph (b) 
of this clause, by written notice of default to the Contractor, 
terminate the whole or any part of a job order if the Contractor fails 
to--
    (1) Make delivery of the supplies or to perform the services within 
the time specified in a job order or any extension;
    (2) Make progress, so as to endanger performance of the job order; 
or
    (3) Perform any of the other provisions of this agreement or a job 
order.
    (b) Except for defaults of subcontractors, the Contractor shall not 
be liable for any excess costs if failure to perform the job order 
arises from causes beyond the control and without the fault or 
negligence of the Contractor. Examples of such causes include acts of 
God or of the public enemy, acts of the Government in either its 
sovereign or contractual capacity, fires, floods, epidemics, quarantine 
restrictions, strikes, freight embargoes, and unusually severe weather.
    (c) If the Contractor's failure to perform is caused by the default 
of a subcontractor, and if such default arises out of causes beyond the 
control of both the Contractor and subcontractor, and without the fault 
or negligence of either, the Contractor shall not be liable for any 
excess costs for failure to perform, unless the supplies or services to 
be furnished by the subcontractor were obtainable from other sources in 
sufficient time to

[[Page 28]]

permit the Contractor to perform the job order within the time 
specified.
    (d) If the Government terminates the job order in whole or in part 
as provided in paragraph (a) of this clause--
    (1) The Government may, upon such terms and in such manner as the 
Contracting Officer may deem appropriate, arrange for the completion of 
the work so terminated, at such plant or plants, including that of the 
Contractor, as may be designated by the Contracting Officer.
    (i) The Contractor shall continue the performance of the job order 
to the extent not terminated under the provisions of this clause.
    (ii) If the work is to be completed at the plant, the Government may 
use all tools, machinery, facilities, and equipment of the Contractor 
determined by the Contracting Office to be necessary for that purpose.
    (iii) If the cost to the Government of the work procured or 
completed (after adjusting such cost to exclude the effect of changes in 
the plans and specifications made subsequent to the date of termination) 
exceeds the price fixed for work under the job order (after adjusting 
such price on account of changes in the plans and specifications made 
before the date of termination), the Contractor, or the Contractor's 
surety, if any, shall be liable for such excess.
    (2) The Government, in addition to any other rights provided in this 
clause, may require the Contractor to transfer title and delivery to the 
Government, in the manner and to the extent directed by the Contracting 
Officer, any completed supplies and such partially completed supplies 
and materials, parts, tools, dies, jigs, fixtures, plans, drawings, 
information and contract rights (hereinafter called ``manufacturing 
materials'') as the Contractor has specifically produced or specifically 
acquired for the performance of the terminated part of the job order.
    (i) The Contractor shall, upon direction of the Contracting Officer, 
protect and preserve property in possession of the Contractor in which 
the Government has an interest.
    (ii) The Government shall pay to the Contractor the job order price 
for completed items of work delivered to and accepted by the Government, 
and the amount agreed upon by the Contractor and the Contracting Officer 
for manufacturing materials delivered to and accepted by the Government, 
and for the protection and preservation of property. Failure to agree 
shall be a dispute concerning a question of fact within the meaning of 
the Disputes clause.
    (e) If, after notice of termination of the job order, it is 
determined that the Contractor was not in default, or that the default 
was excusable, the rights and obligations of the parties shall be the 
same as if the notice of termination had been issued for the convenience 
of the Government.
    (f) If the Contractor fails to complete the performance of a job 
order within the time specified, or any extension, the actual damage to 
the Government for the delay will be difficult or impossible to 
determine.
    (1) In lieu of actual damage, the Contractor shall pay to the 
Government as fixed, agreed, and liquidated damages for each calendar 
day of delay the amount, if any, set forth in the job order (prorated to 
the nearest hour for fractional days).
    (2) If the Government terminates the job order, the Contractor shall 
be liable, in addition to the excess costs provided in paragraph (d) of 
this clause, for liquidated damages accruing until such time as the 
Government may reasonably obtain completion of the work.
    (3) The Contractor shall not be charged with liquidated damages when 
the delay arises out of causes beyond the control and without the fault 
or negligence of the Contractor. Subject to the provisions of the 
Disputes clause of the Master Agreement, the Contracting Officer shall 
ascertain the facts and the extent of the delay and shall extend the 
time for performance when in the judgment of the Contracting Officer, 
the findings of fact justify an extension.
    (g) The rights and remedies of the Government provided in this 
clause shall not be exclusive and are in addition to any other rights 
and remedies provided by law under this agreement.

                             (End of clause)



Sec. 252.217-7010  Performance.

    As prescribed in 217.7104(a), use the following clause:

                         Performance (Dec. 1991)

    (a) Upon the award of a job order, the Contractor shall promptly 
start the work specified and shall diligently prosecute the work to 
completion. The Contractor shall not start work until the job order has 
been awarded except in the case of emergency work ordered by the 
Contracting Officer under the Job Orders and Compensation clause of the 
Master Agreement.
    (b) The Government shall deliver the vessel described in the job 
order at the time and location specified in the job order. Upon 
completion of the work, the Government shall accept delivery of the 
vessel at the time and location specified in the job order.
    (c) The Contractor shall, without charge and without specific 
requirement in a job order,--
    (1) Make available at the plant to personnel of the vessel while in 
dry dock or on a marine railway, sanitary lavatory and similar 
facilities acceptable to the Contracting Officer;

[[Page 29]]

    (2) Supply and maintain suitable brows and gangways from the pier, 
dry dock, or marine railway to the vessel;
    (3) Treat salvage, scrap or other ship's material of the Government 
resulting from performance of the work as items of Government-furnished 
property, in accordance with the Government Property (Fixed Price 
Contracts) clause;
    (4) Perform, or pay the cost of, any repair, reconditioning or 
replacement made necessary as the result of the use by the Contractor of 
any of the vessel's machinery, equipment or fittings, including, but not 
limited to, winches, pumps, rigging, or pipe lines; and
    (5) Furnish suitable offices, office equipment and telephones at or 
near the site of the work for the Government's use.
    (d) The job order will state whether dock and sea trials are 
required to determine whether or not the Contractor has satisfactorily 
performed the work.
    (1) If dock and sea trials are required, the vessel shall be under 
the control of the vessel's commander and crew.
    (2) The Contractor shall not conduct dock and sea trials not 
specified in the job order without advance approval of the Contracting 
Officer. Dock and sea trials not specified in the job order shall be at 
the Contractor's expense and risk.
    (3) The Contractor shall provide and install all fittings and 
appliances necessary for dock and sea trials. The Contractor shall be 
responsible for care, installation, and removal of instruments and 
apparatus furnished by the Government for use in the trials.

                             (End of clause)



Sec. 252.217-7011  Access to vessel.

    As prescribed at 217.7104(a), use the following clause:

                      Access to Vessel (Dec. 1991)

    (a) Upon the request of the Contracting Officer, the Contractor 
shall grant admission to the Contractor's facilities and access to 
vessel, on a non-interference basis, as necessary to perform their 
respective responsibilities, to a reasonable number of:
    (1) Government and other Government contractor employees (in 
addition to those Government employees attached to the vessel); and
    (2) Representatives of offerors on other contemplated Government 
work.
    (b) All personnel granted access shall comply with Contractor rules 
governing personnel at its shipyard.

                             (End of clause)



Sec. 252.217-7012  Liability and insurance.

    As prescribed in 217.7104(a), use the following clause:

                   Liability and Insurance (Dec. 1991)

    (a) The Contractor shall exercise its best efforts to prevent 
accidents, injury, or damage to all employees, persons, and property, in 
and about the work, and to the vessel or part of the vessel upon which 
work is done.
    (b) Loss or damage to the vessel, materials, or equipment. (1) 
Unless otherwise directed or approved in writing by the Contracting 
Officer, the Contractor shall not carry insurance against any form of 
loss or damage to the vessel(s) or to the materials or equipment to 
which the Government has title or which have been furnished by the 
Government for installation by the Contractor. The Government assumes 
the risks of loss of and damage to that property.
    (2) The Government does not assume any risk with respect to loss or 
damage compensated for by insurance or otherwise or resulting from risks 
with respect to which the Contractor has failed to maintain insurance, 
if available, as required or approved by the Contracting Officer.
    (3) The Government does not assume risk of and will not pay for any 
costs of the following:
    (i) Inspection, repair, replacement, or renewal of any defects in 
the vessel(s) or material and equipment due to--
    (A) Defective workmanship performed by the Contractor or its 
subcontractors;
    (B) Defective materials or equipment furnished by the Contractor or 
its subcontracts; or
    (C) Workmanship, materials, or equipment which do not conform to the 
requirements of the contract, whether or not the defect is latent or 
whether or not the nonconformance is the result of negligence.
    (ii) Loss, damage, liability, or expense caused by, resulting from, 
or incurred as a consequence of any delay or disruption, willful 
misconduct or lack of good faith by the Contractor or any of its 
representatives that have supervision or direction of--
    (A) All or substantially all of the Contractor's business; or
    (B) All or substantially all of the Contractor's operation at any 
one plant.
    (4) As to any risk that is assumed by the Government, the Government 
shall be subrogated to any claim, demand or cause of action against 
third parties that exists in favor of the Contractor. If required by the 
Contracting Officer, the Contractor shall execute a formal assignment or 
transfer of the claim, demand, or cause of action.
    (5) No party other than the Contractor shall have any right to 
proceed directly

[[Page 30]]

against the Government or join the Government as a co-defendant in any 
action.
    (6) Notwithstanding the foregoing, the Contractor shall bear the 
first $5,000 of loss or damage from each occurrence or incident, the 
risk of which the Government would have assumed under the provisions of 
this paragraph (b).
    (c) Indemnification. The Contractor indemnifies the Government and 
the vessel and its owners against all claims, demands, or causes of 
action to which the Government, the vessel or its owner(s) might be 
subject as a result of damage or injury (including death) to the 
property or person of anyone other than the Government or its employees, 
or the vessel or its owner, arising in whole or in part from the 
negligence or other wrongful act of the Contractor or its agents or 
employees, or any subcontractor, or its agents or employees.
    (1) The Contractor's obligation to indemnify under this paragraph 
shall not exceed the sum of $300,000 as a consequence of any single 
occurrence with respect to any one vessel.
    (2) The indemnity includes, without limitation, suits, actions, 
claims, costs, or demands of any kind, resulting from death, personal 
injury, or property damage occurring during the period of performance of 
work on the vessel or within 90 days after redelivery of the vessel. For 
any claim, etc., made after 90 days, the rights of the parties shall be 
as determined by other provisions of this agreement and by law. The 
indemnity does apply to death occurring after 90 days where the injury 
was received during the period covered by the indemnity.
    (d) Insurance. (1) The Contractor shall, at its own expense, obtain 
and maintain the following insurance--
    (i) Casualty, accident, and liability insurance, as approved by the 
Contracting Officer, insuring the performance of its obligations under 
paragraph (c) of this clause.
    (ii) Workers Compensation Insurance (or its equivalent) covering the 
employees engaged on the work.
    (2) The Contractor shall ensure that all subcontractors engaged on 
the work obtain and maintain the insurance required in paragraph (d)(1) 
of this clause.
    (3) Upon request of the Contracting Officer, the Contractor shall 
provide evidence of the insurance required by paragraph (d) of this 
clause.
    (e) The Contractor shall not make any allowance in the job order 
price for the inclusion of any premium expense or charge for any reserve 
made on account of self-insurance for coverage against any risk assumed 
by the Government under this clause.
    (f) The Contractor shall give the Contracting Officer written notice 
as soon as practicable after the occurrence of a loss or damage for 
which the Government has assumed the risk.
    (1) The notice shall contain full details of the loss or damage.
    (2) If a claim or suit is later filed against the Contractor as a 
result of the event, the Contractor shall immediately deliver to the 
Government every demand, notice, summons, or other process received by 
the Contractor or its employees or representatives.
    (3) The Contractor shall cooperate with the Government and, upon 
request, shall assist in effecting settlements, securing and giving 
evidence, obtaining the attendance of witnesses, and in the conduct of 
suits. The Government shall reimburse the Contractor for expenses 
incurred in this effort, other than the cost of maintaining the 
Contractor's usual organization.
    (4) The Contractor shall not, except at its own expense, voluntarily 
make any payment, assume any obligation, or incur any expense other than 
what would be imperative for the protection of the vessel(s) at the time 
of the event.
    (g) In the event or loss of or damage to any vessel(s), material, or 
equipment which may result in a claim against the Government under the 
insurance provisions of this contract, the Contractor shall promptly 
notify the Contracting Officer of the loss or damage. The Contracting 
Officer may, without prejudice to any other right of the Government, 
either--
    (1) Order the Contractor to proceed with replacement or repair, in 
which event the Contractor shall effect the replacement or repair;
    (i) The Contractor shall submit to the Contracting Officer a request 
for reimbursement of the cost of the replacement or repair together with 
whatever supporting documentation the Contracting Officer may reasonably 
require, and shall identify the request as being submitted under the 
Insurance clause of the agreement.
    (ii) If the Government determines that the risk of the loss or 
damage is within the scope of the risks assumed by the Government under 
this clause, the Government will reimburse the Contractor for the 
reasonable, allowable cost of the replacement or repair, plus a 
reasonable profit (if the work or replacement or repair was performed by 
the Contractor) less the deductible amount specified in paragraph (b) of 
this clause.
    (iii) Payments by the Government to the Contractor under this clause 
are outside the scope of and shall not affect the pricing structure of 
the contract, and are additional to the compensation otherwise payable 
to the Contractor under this contract; or
    (2) In the event the Contracting Officer decides that the loss or 
damage shall not be replaced or repaired, the Contracting Officer 
shall--

[[Page 31]]

    (i) Modify the contract appropriately, consistent with the reduced 
requirements reflected by the unreplaced or unrepaired loss or damage; 
or
    (ii) Terminate the repair of any part or all of the vessel(s) under 
the Termination for Convenience of the Government clause of this 
agreement.

                             (End of clause)



Sec. 252.217-7013  Guarantees.

    As prescribed in 217.7104(a), use the following clause:

                         Guarantees (Dec. 1991)

    (a) In the event any work performed or materials furnished by the 
contractor under the Master Agreement prove defective or deficient 
within 90 days from the date of redelivery of the vessel(s), the 
Contractor, as directed by the Contracting Officer and at its own 
expense, shall correct and repair the deficiency to the satisfaction of 
the Contracting Officer.
    (b) If the Contractor or any subcontractor has a guarantee for work 
performed or materials furnished that exceeds the 90 day period, the 
Government shall be entitled to rely upon the longer guarantee until its 
expiration.
    (c) With respect to any individual work item identified as 
incomplete at the time of redelivery of the vessel(s), the guarantee 
period shall run from the date the item is completed.
    (d) If practicable, the Government shall give the Contractor an 
opportunity to correct the deficiency.
    (1) If the Contracting Officer determines it is not practicable or 
is otherwise not advisable to return the vessel(s) to the Contractor, or 
the Contractor fails to proceed with the repairs promptly, the 
Contracting Officer may direct that the repairs be performed elsewhere, 
at the Contractor's expense.
    (2) If correction and repairs are performed by other than the 
Contractor, the Contracting Officer may discharge the Contractor's 
liability by making an equitable deduction in the price of the job 
order.
    (e) The Contractor's liability shall extend for an additional 90 day 
guarantee period on those defects or deficiencies that the Contractor 
corrected.
    (f) At the option of the Contracting Officer, defects and 
deficiencies may be left uncorrected. In that event, the Contractor and 
Contracting Officer shall negotiate an equitable reduction in the job 
price. Failure to agree upon an equitable reduction shall constitute a 
dispute under the Disputes clause of this agreement.

                             (End of clause)



Sec. 252.217-7014  Discharge of liens.

    As prescribed in 217.7104(a), use the following clause:

                     Discharge of Liens (Dec. 1991)

    (a) The Contractor shall immediately discharge, or cause to be 
discharged, any lien or right in rem of any kind, other than in favor of 
the Government, that exists or arises in connection with work done or 
material furnished under any job order under this agreement.
    (b) If any lien or right in rem is not immediately discharged, the 
Government, at the expense of the Contractor, may discharge, or cause to 
be discharged, the lien or right.

                             (End of clause)



Sec. 252.217-7015  Safety and health.

    As prescribed in 217.7104(a), use the following clause:

                      Safety and Health (Dec. 1991)

    Nothing contained in the Master Agreement or any job order shall 
relieve the Contractor of any obligations it may have to comply with--
    (a) The Occupational Safety and Health Act of 1970 (29 U.S.C. 651, 
et seq.);
    (b) The Safety and Health Regulations for Ship Repairing (29 CFR 
part 1915); or
    (c) Any other applicable Federal, State, and local laws, codes, 
ordinances, and regulations.

                             (End of clause)



Sec. 252.217-7016  Plant protection.

    As prescribed in 217.7104(a), use the following clause:

                      Plant Protection (Dec. 1991)

    (a) The Contractor shall provide, for the plant and work in process, 
reasonable safeguards against all hazards, including unauthorized entry, 
malicious mischief, theft, vandalism, and fire.
    (b) The Contractor shall also provide whatever additional safeguards 
are necessary to protect the plant and work in process from espionage, 
sabotage, and enemy action.
    (1) The Government shall reimburse the Contractor for that portion 
of the costs of the additional safeguards that is allocable to the 
contract in the same manner as if the Contracting Officer had issued a 
change order for the additional safeguards.
    (2) The costs reimbursed shall not include any overhead allowance, 
unless the overhead

[[Page 32]]

is incident to the construction or installation of necessary security 
devices or equipment.
    (c) Upon payment by the Government of the cost of any device or 
equipment required or approved under paragraph (b) of this clause, title 
shall vest in the Government.
    (1) The Contractor shall comply with the instructions of the 
Contracting Officer concerning its identification and disposition.
    (2) No such device or equipment shall become a fixture as a result 
of its being affixed to realty not owned by the Government.

                             (End of clause)



Sec. 252.217-7017  Time of delivery.

    As prescribed in 217.7203(a)(1), use the following clause:

                      Time of Delivery (Dec. 1991)

    (a) Ordering offices shall specify delivery locations and quantities 
in all oral or written delivery orders under this contract.
    (b) The Contractor shall complete deliveries within the hours 
prescribed in the schedule of this contract and on the days specified by 
the order.
    (c) Orders requiring delivery within 24 hours from Contractor 
receipt are governed by paragraph (e) of the Requirements clause of this 
contract.

                             (End of clause)

                         Alternate I (Dec. 1991)

    As prescribed in 217.7203(a)(1), substitute the following paragraph 
(c) for paragraph (c) of the basic clause:
    (c) The Contractor shall not be required to deliver within less than 
______ hours from the time the Contractor receives a delivery order.



Sec. 252.217-7018  Change in plant location--bakery and dairy products.

    As prescribed in 217.7203(a)(2), use the following clause:

     Change in Plant Location--Bakery and Dairy Products (Dec. 1991)

    (a) The Offeror shall identify in the clause in this solicitation 
entitled Place of Performance, all plants to be used for manufacturing, 
processing, and shipment. Failure to furnish this information with the 
offer may result in rejection of the offer.
    (b) The Offeror shall not change any place of performance between 
the date set for receipt of offers and the award, except where time 
permits and then only after receipt of the Contracting Officer's written 
approval.
    (c) The Contractor shall not change any place of performance after 
contract award without advance approval by the Contracting Officer.

                             (End of clause)



Sec. 252.217-7019  Sanitary conditions.

    As prescribed in 217.7203(a)(3), use the following clause:

                     Sanitary Conditions (Dec. 1991)

    (a) The Contractor shall ensure that all supplies delivered under 
this contract, and all plant facilities, machinery, equipment, and 
apparatus used in the production, processing, handling, storage, or 
delivery of these supplies, meet the sanitary standards (including 
bacteriological requirements) prescribed by the specifications cited in 
this contract.
    (b) The Government reserves the right to inspect and test at any 
reasonable times all plant facilities, machinery, equipment, and parts 
used in the production, processing, handling, storage, transportation, 
or delivery of supplies under this contract.
    (c) The Contracting Officer or representative shall notify the 
Contractor in writing of any failure to meet the sanitary standards 
(including bacteriological requirements) prescribed by this contract. If 
the Contractor does not correct the failure within three days from 
receipt of notice, the Contracting Officer may--
    (1) Terminate for default all or part of this contract; or
    (2) Suspend work (wholly or partially) under the contract for ten 
days or any longer period considered necessary to allow correction of 
the failure.
    (d) The suspension does not extend the life of this contract and 
shall not be considered sufficient reason for extending the delivery 
time.
    (e) During the suspension period, the Government reserves the right 
to acquire similar supplies from other sources, on whatever terms and in 
whatever manner the Contracting Officer considers appropriate. The 
Contractor shall be liable to the Government for any excess costs for 
those similar supplies.
    (f) If the Contractor does not correct the failure within the 
suspension period, the Contracting Officer may terminate for default the 
unexpired portion of this contract without allowing additional time for 
correction, notwithstanding paragraph (a)(2) of the Default (Fixed-Price 
Supply and Service) clause of this contract.


[[Page 33]]



                             (End of clause)

                         Alternate I (Dec. 1991)

    As prescribed in 217.7203(a)(3), add the following to paragraph (d) 
of the basic clause:

In a suspension, the quantity of supplies designated in the schedule as 
a minimum shall be reduced by an amount proportionate to the ratio 
between (1) the number of days the work is suspended; and (2) the number 
of days in the contract period. The quantity of supplies designated as 
maximum shall not be reduced.



Sec. 252.217-7020  Examination and testing.

    As prescribed in 217.7203(b)(1), use the following clause:

                   Examination and Testing (Dec. 1991)

    (a) The Government reserves the right to examine and test all 
products to be delivered under the contract. Examination and testing of 
dairy products shall be in accordance with the Veterinary/Medical 
Wholesomeness Assurance Program for Fresh and Cultured Dairy Products 
and Frozen Desserts (AR 40-70; NAVSUPINST 4355.6; AFR 161-46; and MCO 
10110.44).
    (b) Samples. (1) The Government shall select the samples. For 
purposes of this clause, the Contractor agrees that a lot consists of a 
day's production of the type of product delivered, or intended to be 
delivered, under this contract.
    (2) Samples selected at origin shall be furnished at the 
Contractor's expense, and shall be considered representative of all the 
products delivered to the Government from the lot sampled.
    (3) Samples selected at destination shall be furnished at Government 
expense, and shall be considered representative of all of that type 
product delivered to the Government on the date sampled.
    (4) When samples are selected from containers of 1/2 gallon size or 
smaller, the entire contents of the container shall constitute the 
sample. When samples are selected from containers larger than 1/2 
gallon, a 1/2 pint sample shall be taken for laboratory analysis.
    (c) Deficiencies in amounts. The Contractor shall reimburse the 
Government for deficiencies (i.e., amounts less than required in this 
contract) in the amount of butterfat, milk solids non-fat, or total 
solids of any type of product as determined by chemical analysis. The 
amount of the reimbursement shall be determined in accordance with the 
Deficiency Adjustment clause of this contract. The Government shall not 
reimburse the Contractor for butterfat, milk solids non-fat, and total 
solids content in excess of the amount required by this contract.
    (d) Deficiencies in products. (1) The Contracting Officer or 
representative shall notify the Contractor orally (with written 
confirmation) or in writing when two of the last four consecutive lots 
tested are nonconforming for the same specification requirements. The 
notice shall be in effect as long as two of the last four consecutive 
lots tested exceed the same limit of the specification. The Government 
will take additional samples between 3 and 14 days after the date of the 
notice.
    (2) The Contracting Officer may suspend work under this contract for 
up to ten days when three out of the last five consecutive lots tested 
are nonconforming for the same specification requirement, or when any 
deficiency causes the production of a product which is considered to be 
a health hazard.
    (e) Suspension. (1) During the suspension period, the Government 
reserves the right to acquire similar supplies from other sources, on 
whatever terms and in whatever manner the Contracting Officer considers 
appropriate. The Contractor shall be liable to the Government for any 
excess costs for those similar supplies.
    (2) The Contractor shall use the suspension period to correct the 
deficiencies. The Contractor shall notify the Government when corrective 
action is complete.
    (3) The Contracting Officer shall lift the suspension only after the 
Government has verified the corrective action and notified the 
Contractor in writing.
    (4) The suspension does not extend the life of this contract and 
shall not be considered sufficient reason for extending the delivery 
time.
    (5) If the Contractor does not correct the failure within the 
suspension period, the Contracting Officer may terminate for default the 
unexpired portion of this contract without allowing additional time for 
correction, notwithstanding paragraph (a)(2) of the Default (Fixed-Price 
Supply and Service) clause of this contract.

                             (End of clause)

                         Alternate I (Dec. 1991)

    As prescribed in 217.7203(b)(1), add the following to paragraph 
(d)(2) of the basic clause:
    In a suspension, the quantity of supplies designated in the schedule 
as minimum shall be reduced by an amount proportionate to the ratio 
between (i) the number of days the work is suspended; and (ii) the 
number of days in the contract period. The quantity of supplies 
designated as maximum shall not be reduced.

[[Page 34]]



Sec. 252.217-7021  Deficiency adjustment.

    As prescribed in 217.7203(b)(2), use the following clause:

                    Deficiency Adjustment (Dec. 1991)

    (a) When the Contractor is required under the Examination and 
Testing clause of the contract to reimburse the Government for 
deficiencies in the amount of butterfat, milk solids non-fat, or total 
solids, reimbursement shall be determined by the following formula--
    (1) Butterfat. Subtract the total pounds of butterfat delivered from 
the total pounds of butterfat required to be delivered, and multiply the 
remainder by the butterfat value. The butterfat value is 1.30 multiplied 
by the average Central States top ``Wholesale Selling Price'' of Grade 
A, 92 score butter during the monthly period for which the deficiency is 
computed, as reported in the Dairy Market News, published by the 
Department of Agriculture, Agricultural Marketing Service, Madison, 
Wisconsin.
    (2) Milk solids nonfat. Subtract the total pounds of milk solids 
non-fat delivered from the total pounds of milk solids non-fat required 
to be delivered, and multiply the remainder by the milk solids non-fat 
value. The milk solids non-fat value is 1.45 multiplied by the average 
Central States top price for ``Extra Grade, Non-fat Dry Milk, Spray 
(bags)'' during the monthly period for which the deficiency is computed, 
as reported in the Dairy Market News.
    (3) Total solids. Add to the total solids delivered the total amount 
of any shortages for butterfat and milk solids non-fat that the 
Contractor has already reimbursed. Subtract this amount from the total 
solids required to be delivered. Multiply the remainder by the milk 
solids non-fat value.
    (b) The Government will not assess amounts totaling $25 or less 
during a monthly accounting period. Monthly periods begin on the first 
day of the contract period and on the same day of each succeeding month.
    (c) The butterfat, milk solids non-fat, and total solids content of 
one type of product shall not be averaged with or offset against the 
content of another type of product, and the content of products 
delivered in any one monthly period will not be averaged with or offset 
against the content of products delivered in any other monthly period.
    (d) The Contractor shall identify the tare weights of all containers 
on the shipping documents, and furnish a copy to the Government 
inspector at destination. The tare weight of dispenser containers shall 
include all parts of the container delivered as a unit, including lids, 
tubes, and seals. If different types of containers with different tares 
are included in a single delivery, the Contractor shall furnish the tare 
weight and identifying characteristics of each type of container.
    (e) The Government shall inspect a representative sample of the line 
item. If volume and net weight shortages are found, the Government will 
adjust the entire quantity of the line item delivered on the day the 
shortage is discovered. For the purpose of determining net weight, the 
following weight factors apply:

------------------------------------------------------------------------
               Product                           Weight factor          
------------------------------------------------------------------------
Chocolate flavored milk or drink....  8.8 pounds/gallon.                
Milk whole fresh, buttermilk fluid,   8.6 pounds/gallon.                
 milk whole fresh. cultured, and                                        
 milk skim fresh.                                                       
Fresh cream (18 percent butterfat or  8.5 pounds/gallon.                
 less), half-and-half fresh, and                                        
 cream sour cultured.                                                   
Fresh cream (more than 18 percent     8.4 pounds/gallon.                
 butterfat).                                                            
Cottage cheese, butter, and other     Weight on container.              
 non-frozen products.                                                   
Ice cream and frozen desserts.......  Applicable commodity              
                                       specification.                   
------------------------------------------------------------------------

    (f) Contractor reimbursement for deficient supplies does not 
prejudice the Government's right to terminate for default or to pursue 
any other remedy under this contract or as provided by law.

                             (End of clause)



Sec. 252.217-7022  Code dating.

    As prescribed in 217.7203(a)(4), use the following clause:

                         Code Dating (Dec. 1991)

    (a) The Contractor may use a code to comply with the requirement 
stated in the schedule or specifications of this contract for showing a 
date on the labels of delivered items.
    (b) Before using a code, the Contractor shall--
    (1) Provide a written explanation to the Contracting Officer; and
    (2) Obtain the Contracting Officer's approval in writing.
    (c) The Contractor shall also obtain the Contracting Officer's 
written approval before making any changes in the code symbols, system, 
or explanation.

                             (End of clause)



Sec. 252.217-7023  Marking.

    As prescribed in 217.7203(a)(5), use the following clause:

                           Marking (Dec. 1991)

    Commercial markings are acceptable, notwithstanding any 
specification references to MIL-STD-129.


[[Page 35]]



                             (End of clause)



Sec. 252.217-7024  Responsibility for containers and equipment.

    As prescribed in 217.7203(a)(6), use the following clause:

         Responsibility for Containers and Equipment (Dec. 1991)

    (a) The Contractor shall--
    (1) Maintain all reusable containers and equipment in a sanitary 
condition and in a good state of repair and working order; and
    (2) Remove all empty, reusable containers from Government premises 
at the time of each delivery, unless the Contracting Officer grants 
permission in writing for less frequent removal.
    (b) The Government shall not be liable for any damage to, or loss or 
destruction of, containers and equipment furnished by the Contractor.

                             (End of clause)



Sec. 252.217-7025  Containers and equipment.

    As prescribed in 217.7203(b)(3), use the following clause:

                  Containers and Equipment (Dec. 1991)

    (a) The Contractor shall ensure that dispenser containers and 
filling equipment used in the performance of this contract, and any 
Contractor-furnished refrigerated bulk milk dispenser cabinets, comply 
with MIL-STD-175, Minimum Sanitary Standards for the Equipment and 
Methods for Handling of Milk and Milk Products in Bulk Milk Dispensing 
Operations.
    (b) The Contractor shall install, service, and maintain any 
Contractor-furnished bulk milk dispenser cabinets to the Contracting 
Officer's satisfaction. The Contractor has sole responsibility for the 
supply, installation, maintenance, and removal of the cabinets, 
including labor and material costs, and for any damage to, or loss or 
destruction of, such cabinets.
    (c) When the Contractor fails to furnish milk dispenser cabinets or 
milk dispenser containers as required in the schedule, or does not 
properly service, maintain, and repair such dispenser cabinets, so that 
milk cannot be dispensed as needed by the Government, the Contractor 
shall, for as long as such conditions exist, deliver a sufficient 
quantity of milk in half-pint containers to satisfy orders for milk 
dispenser containers. The price per gallon for milk dispenser containers 
shall apply.
    (d) When any loss of contents of a dispenser container occurs 
(including loss due to contamination, spoilage, or leakage) as a result 
of functional failure of the dispenser cabinet or dispenser containers, 
the Contractor shall immediately replace the lost contents without cost 
to the Government, unless such functional failure was due to a general 
power failure at the Government installation.

                             (End of clause)



Sec. 252.217-7026  Identification of sources of supply.

    As prescribed in 217.7303, use the following provision:

             Identification of Sources of Supply (NOV 1995)

    (a) The Government is required under 10 U.S.C. 2384 to obtain 
certain information on the actual manufacturer or sources of supplies it 
acquires.
    (b) The apparently successful Offeror agrees to complete and submit 
the following table before award:

[[Page 36]]



                                                                          Table                                                                         
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                               Source of supply                                         
           Line items             National stock No.  Commercial item (Y ------------------------------------------------------------     Actual mfg?   
                                                             or N)              Company             Address            Part No.                         
(1)                               (2)...............  (3)...............  (4)...............  (4)...............  (5)...............  (6)               
                                                                                                                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
______..........................  ______............  ______............  ______............  ______............  ______............  ______            
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) List each deliverable item of supply and item of technical data.                                                                                    
(2) If there is no national stock number, list ``none.''                                                                                                
(3) Use ``Y'' if the item is a commercial item; otherwise use ``N.'' If ``Y'' is listed, the Offeror need not complete the remaining columns in the     
  table.                                                                                                                                                
(4) For items of supply, list all sources. For technical data, list the source.                                                                         
(5) For items of supply, list each source's part number for the item.                                                                                   
(6) Use ``Y'' if the source of supply is the actual manufacturer; ``N'' if it is not; and ``U'' if unknown.                                             



[[Page 37]]

                           (End of provision)

[56 FR 36479, July 31, 1991, as amended at 59 FR 27675, May 27, 1994; 60 
FR 61601, Nov. 30, 1995]



Sec. 252.217-7027  Contract definitization.

    As prescribed in 217.7406(b), use the following clause:

                   Contract Definitization (FEB 1996)

    (a) A ______(insert specific type of contract action) is 
contemplated. The Contractor agrees to begin promptly negotiating with 
the Contracting Officer the terms of a definitive contract that will 
include (1) all clauses required by the Federal Acquisition Regulation 
(FAR) on the date of execution of the underfinitized contract action, 
(2) all clauses required by law on the date of execution of the 
definitive contract action, and (3) any other mutually agreeable 
clauses, terms, and conditions. The Contractor agrees to submit a 
______(insert type of proposal; e.g., fixed-price or cost-and-fee) 
proposal and cost or pricing data supporting its proposal.
    (b) The schedule for definitizing this contract is as follows 
(insert target date for definitization of the contract action and dates 
for submission of proposal, beginning of negotiations, and, if 
appropriate, submission of the make-or-buy and subcontracting plans and 
cost or pricing data).

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

    (c) If agreement on a definitive contract action to supersede this 
undefinitized contract action is not reached by the target date in 
paragraph (b) of this clause, or within any extension of it granted by 
the Contracting Officer, the Contracting Officer may, with the approval 
of the head of the contracting activity, determine a reasonable price or 
fee in accordance with subpart 15.8 and part 31 of the FAR, subject to 
Contractor appeal as provided in the Disputes clause. In any event, the 
Contractor shall proceed with completion of the contract, subject only 
to the Limitation of Government Liability clause.
    (1) After the Contracting Officer's determination of price or fee, 
the contract shall be governed by--
    (i) All clauses required by the FAR on the date of execution of this 
underfinitized contract action for either fixed-price or cost-
reimbursement contracts, as determined by the Contracting Officer under 
this paragraph (c);
    (ii) All clauses required by law as of the date of the Contracting 
Officer's determination; and
    (iii) Any other clauses, terms, and conditions mutually agreed upon.
    (2) To the extent consistent with paragraph (c)(1) of this clause, 
all clauses, terms, and conditions included in this undefinitized 
contract action shall continue in effect, except those that by their 
nature apply only to an undefinitized contract action.
    (d) The definitive contract resulting from this undefinitized 
contract action will include a negotiated ____________________ (insert 
``cost/price ceiling'' or ``firm-fixed price'') in no event to exceed 
____________________ (insert the not-to-exceed amount).

(End of clause)

[61 FR 7750, Feb. 29, 1996; 61 FR 18195, Apr. 24, 1996]



Sec. 252.217-7028  Over and above work.

    As prescribed in 217.7702, use a clause substantially as follows:

                     Over and Above Work (Dec. 1991)

    (a) Definitions.
    As used in this clause--
    (1) Over and above work means work discovered during the course of 
performing overhaul, maintenance, and repair efforts that is--
    (i) Within the general scope of the contract;
    (ii) Not covered by the line item(s) for the basic work under the 
contract; and
    (iii) Necessary in order to satisfactorily complete the contract.
    (2) Work request means a document prepared by the Contractor which 
describes over and above work being proposed.
    (b) The Contractor and Administrative Contracting Officer shall 
mutually agree to procedures for Government administration and 
Contractor performance of over and above work requests. If the parties 
cannot agree upon the procedures, the Administrative Contracting Officer 
has the unilateral right to direct the over and above work procedures to 
be followed. These procedures shall, as a minimum, cover--
    (1) The format, content, and submission of work requests by the 
Contractor. Work requests shall contain data on the type of discrepancy 
disclosed, the specific location of the discrepancy, and the estimated 
labor hours and material required to correct the discrepancy. Data shall 
be sufficient to satisfy contract requirements and obtain the 
authorization of the Contracting Officer to perform the proposed work;
    (2) Government review, verification, and authorization of the work; 
and
    (3) Proposal pricing, submission, negotiation, and definitization.
    (c) Upon discovery of the need for over and above work, the 
Contractor shall prepare and

[[Page 38]]

furnish to the Government a work request in accordance with the agreed-
to procedures.
    (d) The Government shall--
    (1) Promptly review the work request;
    (2) Verify that the proposed work is required and not covered under 
the basic contract line item(s);
    (3) Verify that the proposed corrective action is appropriate; and
    (4) Authorize over and above work as necessary.
    (e) The Contractor shall promptly submit to the Contracting Officer, 
a proposal for the over and above work. The Government and Contractor 
will then negotiate a settlement for the over and above work. Contract 
modifications will be executed to definitize all over and above work.
    (f) Failure to agree on the price of over and above work shall be a 
dispute within the meaning of the Disputes clause of this contract.

                             (End of clause)



Sec. 252.219-7000  Small disadvantaged business concern representation (DoD contracts).

    As prescribed in 219.304(b), use the following provision:

  Small Disadvantaged Business Concern Representation (DoD Contracts) 
                               (Apr. 1994)

    (a) Definition. Small disadvantaged business concern, as used in 
this provision, means a small business concern, owned and controlled by 
individuals who are both socially and economically disadvantaged, as 
defined by the Small Business Administration at 13 CFR part 124, the 
majority of earnings of which directly accrue to such individuals. This 
term also means a small business concern owned and controlled by an 
economically disadvantaged Indian tribe or Native Hawaiian organization 
which meets the requirements of 13 CFR 124.112 or 13 CFR 124.113, 
respectively. In general, 13 CFR part 124 describes a small 
disadvantaged business concern as a small business concern--
    (1) Which is at least 51 percent unconditionally owned by one or 
more socially and economically disadvantaged individuals; or
    (2) In the case of any publicly owned business, at least 51 percent 
of the voting stock is unconditionally owned by one or more socially and 
economically disadvantaged individuals; and
    (3) Whose management and daily business operations are controlled by 
one or more such individuals.
    (b) Representations. Check the category in which your ownership 
falls--

________Subcontinent Asian (Asian-Indian) American (U.S. citizen with 
origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, or Nepal)
________Asian-Pacific American (U.S. citizen with origins from Japan, 
China, the Philippines, Vietnam, Korea, Samoa, Guam, U.S. Trust 
Territory of the Pacific Islands (Republic of Palau), the Northern 
Mariana Islands, Laos, Kampuchea (Cambodia), Taiwan, Burma, Thailand, 
Malaysia, Indonesia, Singapore, Brunei, Republic of the Marshall 
Islands, or the Federated States of Micronesia)
________Black American (U.S. citizen)
________Hispanic American (U.S. citizen with origins from South America, 
Central America, Mexico, Cuba, the Dominican Republic, Puerto Rico, 
Spain, or Portugal)
________Native American (American Indians, Eskimos, Aleuts, or Native 
Hawaiians, including Indian tribes or Native Hawaiian organizations)
________Individual/concern, other than one of the preceding, currently 
certified for participation in the Minority Small Business and Capital 
Ownership Development Program under section 8(a) of the Small Business 
Act
________Other
    (c) Certifications. Complete the following--
    (1) The offeror is ____ is not ____ a small disadvantaged business 
concern.
    (2) The Small Business Administration (SBA) has ____ has not ____ 
made a determination concerning the offeror's status as a small 
disadvantaged business concern. If the SBA has made a determination, the 
date of the determination was ____ and the offeror--

________Was found by SBA to be socially and economically disadvantaged 
and no circumstances have changed to vary that determination.
________Was found by SBA not to be socially and economically 
disadvantaged but circumstances which caused the determination have 
changed.

    (d) Penalties and remedies. Anyone who misrepresents the status of a 
concern as a small disadvantaged business for the purpose of securing a 
contract or subcontract shall--
    (1) Be punished by imposition of a fine, imprisonment, or both;
    (2) Be subject to administrative remedies, including suspension and 
debarment; and
    (3) Be ineligible for participation in programs conducted under 
authority of the Small Business Act.

                           (End of provision)

[56 FR 36479, July 31, 1991, as amended at 59 FR 22131, Apr. 29, 1994]

[[Page 39]]



Sec. 252.219-7001  Notice of partial small business set-aside with preferential consideration for small disadvantaged business concerns.

    As prescribed in 219.508(d), use the following clause:

      Notice of Partial Small Business Set-Aside With Preferential 
   Consideration for Small Disadvantaged Business Concerns (May 1995)

    (a) Definitions. 
    Labor surplus area, as used in this clause, means a geographical 
area identified by the Department of Labor as an area of labor surplus.
    Labor surplus area concern, as used in this clause, means a concern 
that, together with its first tier subcontractors, will perform 
substantially in labor surplus areas.
    Perform substantially in labor surplus areas, as used in this 
clause, means that the costs incurred under the contract on account of 
manufacturing, production, and performance of services in labor surplus 
areas exceed 50 percent of the contract price.
    Small business concern, as used in this clause, means a concern, 
including its affiliates, that is independently owned and operated, not 
dominant in the field of operation in which it is bidding on Government 
contracts, and qualified as a small business under the size standards in 
this solicitation.
    Small disadvantaged business concern, as used in this clause, means 
a small business concern, owned and controlled by individuals who are 
both socially and economically disadvantaged, as defined by the Small 
Business Administration at 13 CFR part 124, the majority of earnings of 
which directly accrue to such individuals. This term also means a small 
business concern owned and controlled by an economically disadvantaged 
Indian tribe or Native Hawaiian organization which meets the 
requirements of 13 CFR 124.112 or 13 CFR 124.113, respectively.
    United States, as used in this clause, means the United States, its 
territories and possessions, the Commonwealth of Puerto Rico, the U.S. 
Trust Territory of the Pacific Islands, or the District of Columbia.
    (b) General. A portion of this requirement, identified elsewhere in 
this solicitation, has been set-aside for award to one or more small 
business concerns. After offers for the non-set-aside portion have been 
evaluated, negotiations will be conducted for the set-aside portion.
    (1) Offers on the non-set-aside portion will be evaluated and award 
made in accordance with the other provisions of this solicitation.
    (2) The set-aside portion will be negotiated, in accordance with 
this clause, with small business concerns which submitted offers on the 
non-set-aside portion.
    (c) Award of the set-aside portion. (1) Small business offerors on 
the non-set-aside portion will be selected for negotiation of the set-
aside portion based on their standing--first in terms of group and then 
in terms of lowest responsive offer on the non-set-aside portion.
    (i) Group 1--Small disadvantaged business concerns which are also 
labor surplus area concerns.
    (ii) Group 2--Small business concerns which are also labor surplus 
area concerns.
    (iii) Group 3--Other small disadvantaged business concerns.
    (iv) Group 4--Other small business concerns.
    (2) The set-aside portion will be awarded at the highest unit 
price(s) in the contract(s) for the non-set-aside portion, adjusted to 
reflect transportation and other costs appropriate for the selected 
contractor(s), except--
    (i) Award of the set-aside portion to a small disadvantaged business 
concern will be at the lower of--
    (A) The price offered by the concern on the non-set-aside portion; 
or
    (B) A price that does not exceed the award price on the non-set-
aside portion by more than ten percent.
    (ii) When award under the set-aside portion is to a concern offering 
a nonqualifying country end product and the highest unit price in the 
contract(s) is for a domestic or qualifying country end product, the 
set-aside price will be the higher of--
    (A) The highest award price for a nonqualifying country end product 
under the nonset-aside; or
    (B) A price which, when adjusted by the Buy American Act evaluation 
factor, would equal the highest unit price in the contract(s).
    (iii) When award under the set-aside portion is to a concern 
offering a domestic end product and the highest unit price in the 
contract(s) is for a nonqualifying country end product which was 
evaluated using the Buy American Act evaluation factor, the set-aside 
price will be awarded at the evaluated price of the non-qualifying 
country.
    (iv) When award under the set-aside portion is to a concern offering 
a domestic end product and the highest unit price in the contract(s) is 
for a nonqualifying country end product which was evaluated without the 
Buy American Act factor--
    (A) And award was made to a domestic or qualifying country offer at 
a price lower than the high contract price, the set-aside price will be 
the highest unit price in the contract(s).
    (B) And award was not made to a domestic or qualifying country offer 
at a price lower than the high contract price, the set-aside price will 
be the lower of--

[[Page 40]]

    (1) The highest unit price under the contract(s) as adjusted by the 
Buy American Act evaluation factor; or
    (2) The lowest offered price for a domestic or qualifying country 
end product which was not awarded under the nonset-aside.
    (v) Where the Trade Agreements Act applies to the nonset-aside 
portion, offers of eligible products will be treated as if they were 
qualifying country end products.
    (vi) Discount terms used in evaluation of the highest non-set-aside 
award price will apply to the set-aside award price.
    (3) If negotiations are not successful for any part of the set-aside 
portion, the set-aside will be dissolved for that part and the 
requirement will be resolicited.
    (d) Token offers. The Government reserves the right to not consider 
token offers or offers designed to secure an unfair advantage over other 
offerors eligible for the set-aside portion.
    (e) Eligibility for preference as a labor surplus area concern. 
Small business or small disadvantaged business offerors which claim 
preference for the set-aside portion as a labor surplus area concern, 
must list the labor surplus area location(s) of offeror or first tier 
subcontractors, which account for more than 50 percent of the contract 
price.

Name of Company:
Street Address:
City/County:
State:
    (f) Agreements.
    (1) If awarded a contract as a small disadvantaged business-labor 
surplus area concern or as a small business-labor surplus area concern, 
the offeror--
    (i) Will perform the contract, or cause it to be performed, 
substantially in areas classified as labor surplus areas.
    (ii) If the contract is in excess of $25,000, will submit a report 
to the Contracting Officer within 30 days after award that contains the 
following information--
    (A) The dollar amount of the contract.
    (B) Identification of each labor surplus area in which contract and 
subcontract performance is taking or will take place.
    (C) The total costs incurred and to be incurred under the contract 
in each of the labor surplus areas by the contractor and first tier 
subcontractors.
    (D) The total dollar amount attributable to performance in labor 
surplus areas.
    (2) A manufacturer or regular dealer, which claims preference as a 
small disadvantaged business and submits an offer in its own name, 
agrees to furnish in performing this contract only end items 
manufactured or produced by small disadvantaged business concerns in the 
United States, except, as provided in section 8051 of Pub. L. 103-139 
and section 8012 of Pub. L. 103-335, for contracts awarded during fiscal 
years 1994 and 1995, a small disadvantaged business manufacturer or 
regular dealer owned by an Indian tribe, including an Alaska Native 
Corporation, agrees to furnish only end items manufactured or produced 
by small business concerns in the United States.

                             (End of clause)

                         Alternate I (May 1994)

    As prescribed in 219.508(d), substitute the following paragraph 
(f)(2) for paragraph (f)(2) of the basic clause:

    (f)(2) A regular dealer, which claims preference as a small 
disadvantaged business and submits an offer in its own name, agrees to 
furnish in performing this contract only end items manufactured or 
produced by small business concerns in the United States.

[56 FR 36479, July 31, 1991, as amended at 59 FR 24959, May 13, 1994; 60 
FR 29502, June 5, 1995]



Sec. 252.219-7002  Notice of small disadvantaged business set-aside.

    As prescribed in 219.508-70, use the following clause:

       Notice of Small Disadvantaged Business Set-Aside (May 1995)

    (a) Definitions.
    Small disadvantaged business concern, as used in this clause, means 
a small business concern, owned and controlled by individuals who are 
both socially and economically disadvantaged, as defined by the Small 
Business Administration at 13 CFR part 124, the majority of earnings of 
which directly accrue to such individuals. This term also means a small 
business concern owned and controlled by an economically disadvantaged 
Indian tribe or Native Hawaiian organization which meets the 
requirements of 13 CFR 124.112 or 13 CFR 124.113, respectively.
    United States, as used in this clause, means the United States, its 
territories and possessions, the Commonwealth of Puerto Rico, the U.S. 
Trust Territory of the Pacific Islands, or the District of Columbia.
    (b) General. Offers are solicited only from small disadvantaged 
business concerns. Offers received from concerns that are not small 
disadvantaged businesses are nonresponsive and will be rejected.
    (c) Agreement. A small disadvantaged business manufacturer or 
regular dealer, submitting an offer in its own name, agrees to furnish 
in performing this contract only end items manufactured or produced by 
small disadvantaged business concerns in the United States, except, as 
provided in section 8051 of Pub. L. 103-139 and section 8012 of Pub. L. 
103-335, for contracts awarded during fiscal years 1994 and 1995, a 
small disadvantaged business manufacturer or regular dealer

[[Page 41]]

owned by an Indian tribe, including an Alaska Native Corporation, agrees 
to furnish only end items manufactured or produced by small business 
concerns in the United States.

                             (End of clause)

                         Alternate I (May 1994)

    As prescribed in 219.508-70, substitute the following paragraph (c) 
for paragraph (c) of the basic clause:

    (c) Agreement. A small disadvantaged business regular dealer 
submitting an offer in its own name agrees to furnish in performing this 
contract only end items manufactured or produced by small business 
concerns in the United States.

[56 FR 36479, July 31, 1991, as amended at 59 FR 24959, May 13, 1994; 60 
FR 29502, June 5, 1995]

    Effective Date Note: At 60 FR 54955, Oct. 27, 1995, Sec. 252.219-
7002 was suspended indefinately.



Sec. 252.219-7003  Small, small disadvantaged and women-owned small business subcontracting plan (DoD contracts).

    As prescribed in 219.708(b)(1)(A), use the following clause:

Small, Small Disadvantaged and Women-Owned Small Business Subcontracting 
                     Plan (DoD Contracts) (APR 1996)

    This clause supplements the Federal Acquisition Regulation 52.219-9, 
Small, Small Disadvantaged and Women-Owned Small Business Subcontracting 
Plan, clause of this contract.
    (a) Definitions. Historically black colleges and universities, as 
used in this clause, means institutions determined by the Secretary of 
Education to meet the requirements of 34 CFR 608.2. The term also means 
any nonprofit research institution that was an integral part of such a 
college or university before November 14, 1986.
    Minority institutions, as used in this clause, means institutions 
meeting the requirements of section 1046(3) of the Higher Education Act 
of 1965 (20 U.S.C. 1135d-5(3)). The term also includes Hispanic-serving 
institutions as defined in section 316(b)(1) of such Act (20 U.S.C. 
1059c (b)(1)).
    (b) Except for company or division-wide commercial items 
subcontracting plans, the term small disadvantaged business, when used 
in the FAR 52.219-9 clause, includes historically black colleges and 
universities and minority institutions, in addition to small 
disadvantaged business concerns.
    (c) Work under the contract or its subcontracts shall be credited 
toward meeting the small disadvantaged business concern goal required by 
paragraph (d) of the FAR 52.219-9 clause when:
    (1) It is performed on Indian lands or in joint venture with an 
Indian tribe or a tribally-owned corporation, and
    (2) It meets the requirements of 10 U.S.C. 2323a.
    (d) Subcontracts awarded to workshops approved by the Committee for 
Purchase from People Who Are Blind or Severely Disabled (41 U.S.C. 46-
48), may be counted toward the Contractor's small business 
subcontracting goal.
    (e) A mentor firm, under the Pilot Mentor-Protege Program 
established under Section 831 of Pub. L. 101-510, as amended, may count 
toward its small disadvantaged business goal, subcontracts awarded--
    (1) Protege firms which are qualified organizations employing the 
severely handicapped; and
    (2) Former protege firms that meet the criteria in Section 831(g)(4) 
of Pub. L. 101-510.
    (f) The master plan approval referred to in paragraph (f) of the FAR 
52.219-9 clause is approval by the Contractor's cognizant contract 
administration activity.
    (g) In those subcontracting plans which specifically identify small, 
small disadvantaged, and women-owned small businesses, the Contractor 
shall notify the Administrative Contracting Officer of any substitutions 
of firms that are not small, small disadvantaged, or women-owned small 
businesses for the firms listed in the subcontracting plan. 
Notifications shall be in writing and shall occur within a reasonable 
period of time after award of the subcontract. Contractor-specified 
formats shall be acceptable.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 59 FR 22131, Apr. 29, 1994; 
59 FR 27675, May 27, 1994; 60 FR 61601, Nov. 30, 1995; 61 FR 18688, Apr. 
29, 1996]



Sec. 252.219-7004  Small, small disadvantaged and women-owned small business subcontracting plan (test program).

    As prescribed in 219.708(b)(1)(B), use the following clause:

Small, Small Disadvantaged and Women-Owned Small Business Subcontracting 
                     Plan (Test Program) (JUL 1996)

    (a) Definition. Subcontract, as used in this clause, means any 
agreement (other than one involving an employer-employee relationship) 
entered into by a Federal Government prime Contractor or subcontractor 
calling for supplies or services required for performance of the 
contract or subcontract.

[[Page 42]]

    (b) The Offeror's comprehensive small business subcontracting plan 
and its successors, which are authorized by and approved under the test 
program of Section 834 of Pub. L. 101-189, as amended, shall be included 
in and made a part of the resultant contract. Upon expulsion from the 
test program or expiration of the test program, the Contractor shall 
negotiate an individual subcontracting plan for all future contracts 
that meet the requirements of Section 211 of Pub. L. 95-507.
    (c) The Contractor shall submit Standard Form 295, Summary 
Subcontract Report, in accordance with the instructions on the form, 
except Item 14, Remarks, shall be completed to include semi-annual 
cumulative (1) small business, small disadvantaged business, and women-
owned small business goals, and (2) small business and small 
disadvantaged business goals, actual accomplishments, and percentages 
for each of the two designated industry categories.
    (d) The failure of the Contractor or subcontractor to comply in good 
faith with (1) the clause of this contract entitled ``Utilization of 
Small, Small Disadvantaged and Women-Owned Small Business Concerns,'' or 
(2) an approved plan required by this clause, shall be a material breach 
of the contract.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 60 FR 35668, July 10, 1995; 
61 FR 39901, July 31, 1996]



Sec. 252.219-7005  Incentive for subcontracting with small businesses, small disadvantaged businesses, historically black colleges and universities, and 
          minority institutions.

    As prescribed in 219.708(c)(1), use the following clause:

Incentive for Subcontracting With Small Businesses, Small Disadvantaged 
 Businesses, Historically Black Colleges and Universities, and Minority 
                         Institutions (NOV 1995)

    (a) If the Contractor exceeds the small disadvantaged business, 
historically black college and university, minority institution goal of 
its subcontracting plan, at completion of contract performance, the 
Contractor will receive (Insert appropriate number between 1 and 10) 
percent of the excess.
    (b) The Contractor will not receive this incentive if the 
Contracting Officer determines that exceeding the goal was not due to 
the Contractor's efforts (e.g., a subcontractor cost overrun or award of 
subcontracts planned but not disclosed in the subcontracting plan). 
Determinations made under this paragraph are not subject to the Disputes 
clause.
    (c) If this is a cost contract, the limitations in FAR subpart 15.9 
may not be exceeded.
    (d) This clause does not apply if the subcontracting plan is a 
plant, division, or company-wide commercial items plan.

                             (End of clause)

                         Alternate I (Dec. 1991)

    As prescribed in 219.708(c)(1), add the following paragraph (b) to 
the basic clause and renumber the existing paragraphs (b), (c), and (d) 
as (c), (d), and (e).
    (b) If the Contractor exceeds the small business goal of its 
subcontracting plan, at completion of contract performance, the 
Contractor will receive (Insert appropriate number between 1 and 10) 
percent of the excess.

[56 FR 36479, July 31, 1991, as amended at 60 FR 61601, Nov. 30, 1995]



Sec. 252.219-7006  Notice of evaluation preference for small disadvantaged business concerns.

    As prescribed in 219.7003, use the following clause:

    Notice of Evaluation Preference for Small Disadvantaged Business 
                           Concerns (May 1995)

    (a) Definitions. Historically black colleges and universities, as 
used in this clause, means institutions determined by the Secretary of 
Education to meet the requirements of 34 CFR 608.2. The term also means 
any nonprofit research institution that was an integral part of such a 
college or university before November 14, 1986.
    Minority institutions, as used in this clause, means institutions 
meeting the requirements of section 1046(3) of the Higher Education Act 
of 1965 (20 U.S.C. 1135d-5(3)). The term also includes Hispanic-serving 
institutions as defined in section 316(b)(1) of such Act (20 U.S.C. 
1059c(b)(1)).
    United States, as used in this clause, means the United States, its 
territories and possessions, the Commonwealth of Puerto Rico, the U.S. 
Trust Territory of the Pacific Islands, or the District of Columbia.
    (b) Evaluation preference. (1) Offers will be evaluated by adding a 
factor of ten percent to the price of all offers, except--
    (i) Offers from small disadvantaged business concerns, which have 
not waived the preference;
    (ii) Offers from historically black colleges and universities or 
minority institutions, which have not waived the preference;
    (iii) Otherwise successful offers of--

[[Page 43]]

    (A) Eligible products under the Trade Agreements Act when the dollar 
threshold for application of the Act is exceeded;
    (B) Qualifying country end products (as defined in the Defense 
Federal Acquisition Regulation Supplement clause at 252.225-7001, Buy 
American Act and Balance of Payments Program); and
    (iv) Offers where application of the factor would be inconsistent 
with a Memorandum of Understanding or other international agreement with 
a foreign government.
    (2) The ten percent factor will be applied on a line item by line 
item basis or to any group of items on which award may be made. Other 
evaluation factors described in the solicitation will be applied before 
application of the ten percent factor. The ten percent factor will not 
be applied if using the preference would cause the contract award to be 
made at a price which exceeds the fair market price by more than ten 
percent.
    (c) Waiver of evaluation preference. A small disadvantaged business, 
historically black college or university, or minority institution 
offeror may elect to waive the preference, in which case the ten percent 
factor will be added to its offer for evaluation purposes. The 
agreements in paragraph (d) do not apply to offers which waive the 
preference.

________ Offeror elects to waive the preference
    (d) Agreements. (1) A small disadvantaged business concern, 
historically black college or university, or minority institution 
offeror, which did not waive the preference, agrees that in performance 
of the contract, in the case of a contract for--
    (i) Services, except construction, at least 50 percent of the cost 
of personnel for contract performance will be spent for employees of the 
concern.
    (ii) Supplies, at least 50 percent of the cost of manufacturing, 
excluding the cost of materials, will be performed by the concern.
    (iii) General construction, at least 15 percent of the cost of the 
contract, excluding the cost of materials, will be performed by 
employees of the concern.
    (iv) Construction by special trade contractors, at least 25 percent 
of the cost of the contract, excluding the cost of materials, will be 
performed by employees of the concern.
    (2) A small disadvantaged business, historically black college or 
university, or minority institution regular dealer submitting an offer 
in its own name agrees to furnish in performing this contract only end 
items manufactured or produced by small disadvantaged business concerns, 
historically black colleges or universities, or minority institutions in 
the United States, except, as provided in section 8051 of Pub. L. 103-
139 and section 8012 of Pub. L. 103-335, for contracts awarded during 
fiscal years 1994 and 1995, a small disadvantaged business manufacturer 
or regular dealer owned by an Indian tribe, including an Alaska Native 
Corporation, agrees to furnish only end items manufactured or produced 
by small business concerns in the United States.
    (3) Upon request, a historically black college or university or 
minority institution offeror will provide the Contracting Officer 
evidence that it has been determined to be an HBCU or MI by the 
Secretary of Education.

                             (End of clause)

                         Alternate I (May 1994)

    As prescribed in 219.7003, substitute the following paragraph (d)(2) 
for paragraph (d)(2) of the basic clause:
    (d)(2) A small disadvantaged business, historically black college or 
university, or minority institution regular dealer submitting an offer 
in its own name agrees to furnish in performing this contract only end 
items manufactured or produced by small business concerns, historically 
black colleges or universities, or minority institutions in the United 
States.

[56 FR 36479, July 31, 1991, as amended at 59 FR 22131, Apr. 29, 1994; 
59 FR 24959, May 13, 1994; 60 FR 29502, June 5, 1995]



Sec. 252.219-7007  Alternates.

                         Alternate A (Aug. 1992)

    As prescribed in 219.811-3(a), substitute the following paragraph 
(d) for paragraph (d) of the clause at FAR 52.219-11:
    (d) That payments to be made under the contract will be deposited by 
the contracting activity to a special account established by the 
subcontractor and that all disbursements will be subject to approval of 
the Contracting Officer.

                         Alternate B (Apr. 1993)

    As prescribed in 219.811-3(b), delete paragraph (c) of the clause at 
FAR 52.219-12 and add the following subparagraphs (5), (6), and (7) to 
paragraph (b):

    (5) That, in accordance with section 813 of Pub. L. 102-190, it will 
establish a special account, at a bank insured by the Federal Deposit 
Insurance Corporation, under which--
    (i) All payments under this subcontract will be deposited directly 
by the (insert name of contracting activity); and
    (ii) All disbursements will be subject to approval of the Department 
of Defense's Contracting Officer.
    (6) That it will make timely payment to all suppliers of material 
and labor.

[[Page 44]]

    (7) That it will notify all suppliers of material or labor and will 
obtain written acknowledgement from such suppliers, that the contract is 
exempt from the Miller Act's bonding requirement and that neither the 
SBA nor the (insert name of contracting activity) are liable for payment 
to suppliers for materials or labor. Such acknowledgements must be 
provided to the Contracting Officer before approval of disbursements to 
the Contractor from the special bank account.

                         Alternate C (Apr. 1993)

    As prescribed in 219.811-3(c), substitute the following paragraphs 
(a)(3) and (b) for paragraphs (a)(3) and (b) of the clause at FAR 
52.219-17:

    (a)(3) That payments to be made under the contract will be deposited 
by the contracting activity to a special account established by the 
subcontractor and that all disbursements will be subject to approval of 
the Department of Defense Contracting Officer.
    (b) The (insert name of subcontractor), hereafter referred to as the 
subcontractor, agrees and acknowledges as follows:
    (1) That it will, for and on behalf of the SBA, fulfill and perform 
all of the requirements of the contract.
    (2) That, in accordance with section 813 of Pub. L. 102-190, it will 
establish a special account, at a bank insured by the Federal Deposit 
Insurance Corporation, under which--
    (i) All payments under this subcontract will be deposited directly 
by the (insert name of contracting activity; and
    (ii) All disbursements will be subject to approval of the Department 
of Defense's Contracting Officer.
    (3) That it will make timely payment to all suppliers of material 
and labor.
    (4) That it will notify all suppliers of material or labor and will 
obtain written acknowledgement from such suppliers, that the contract is 
exempt from the Miller Act's bonding requirement and that neither the 
SBA nor the (insert name of contracting activity are liable for payment 
to suppliers for materials or labor. Such acknowledgements must be 
provided to the Department of Defense Contracting Officer before 
approval of disbursements to the subcontractor from the special bank 
account.

[57 FR 38287, Aug. 24, 1992, as amended at 58 FR 28472, May 13, 1993; 58 
FR 32416, June 9, 1993]



Sec. 252.219-7008  Notice of evaluation preference for small disadvantaged business concerns--construction acquisitions--test program.

    As prescribed in 219.7204, use the following clause:

    Notice of Evaluation Preference for Small Disadvantaged Business 
      Concerns--Construction Acquisitions--Test Program (APR 1996)

    (a) Definitions.
    As used in this clause--
    ``Historically black colleges and universities (HBCUs),'' means 
institutions determined by the Secretary of Education to meet the 
requirements of 34 CFR Section 608.2. The term also means any nonprofit 
research institution that was an integral part of such a college or 
university before November 14, 1986.
    ``Minority institutions,'' means institutions meeting the 
requirements of paragraphs (3), (4), and (5) of Section 1046(3) of the 
Higher Education Act of 1965 (20 U.S.C. 1135d-5(3)). The term also 
includes Hispanic-serving institutions as defined in Section 316(b)(1) 
of such Act (20 U.S.C. 1059c(b)(1)).
    ``Small disadvantaged business (SDB) concern,'' means a small 
business concern, owned and controlled by individuals who are both 
socially and economically disadvantaged, as defined by the Small 
Business Administration at 13 CFR Part 124, the majority of earnings of 
which directly accrue to such individuals. This term also means a small 
business concern owned and controlled by an economically disadvantaged 
Indian tribe or Native Hawaiian organization which meets the 
requirements of 13 CFR 124.112 or 13 CFR 124.113, respectively.
    (b) Evaluation preference.
    (1) Offerors shall separately state bond costs in the offer. Bond 
costs include the costs of bid, performance, and payment bonds.
    (2) Offers will be evaluated initially based on their total prices. 
If the apparently successful offeror is an SDB concern, no preference-
based evaluation will be conducted.
    (3) If the apparently successful offeror is not an SDB concern, 
offers will be evaluated based on their prices excluding bond costs. If, 
after excluding bond costs, the apparently successful offeror is an SDB 
concern, bond costs will be added back to all offers, and offers from 
SDB concerns will be given a preference in evaluation by adding a factor 
of 10 percent to the total price of all offers, except--
    (i) Offers from SDBs which have not waived the evaluation 
preference; and
    (ii) Offers from HBCUs or minority institutions, which have not 
waived the evaluation preference.
    (c) Waiver of evaluation preference.
    A small disadvantaged business, historically black college or 
university, or minority institution offeror may elect to waive the 
preference. The agreements in paragraph (d) of this clause do not apply 
to offers which waive the preference.

[[Page 45]]

    ________Offeror elects to waive the preference.
    (d) Agreements.
    A small disadvantaged business concern, historically black college 
or university, or minority institution offeror, which did not waive the 
preference, agrees that in performance of the contract, in the case of a 
contract for--
    (i) General construction, at least 15 percent of the cost of the 
contract, excluding the cost of materials, will be performed by 
employees of the concern.
    (ii) Construction by special trade contractors, at least 25 percent 
of the cost of the contract, excluding the cost of materials, will be 
performed by employees of the concern.
(End of clause)

[61 FR 18688, Apr. 29, 1996]



Sec. 252.222-7000  Restrictions on employment of personnel.

    As prescribed in 222.7003, use the following clause:

           Restrictions on Employment of Personnel (Dec. 1991)

    (a) The Contractor shall employ, for the purposes of performing that 
portion of the contract work in the State of (insert appropriate State), 
individuals who are residents of the State, and who, in the case of any 
craft or trade, possess or would be able to acquire promptly the 
necessary skills to perform the contract.
    (b) The Contractor agrees to insert the substance of this clause, 
including this paragraph (b), in each subcontract.

                             (End of clause)



Sec. 252.222-7001  Right of First Refusal of Employment--Closure of Military Installations.

    As prescribed in 222.7102, use the following clause:

Right of First Refusal of Employment--Closure of Military Installations 
                               (Apr. 1992)

    (a) The Contractor shall give Government employees, who have been or 
will be adversely affected by the closure of the military installation 
where this contract will be performed, the right of first refusal for 
employment openings under the contract. This right applies to positions 
for which the employee is qualified, if consistent with post-Government 
employment conflict of interest standards.
    (b) Government personnel seeking preference under this clause shall 
provide the Contractor with evidence from the Government personnel 
office.

                             (End of clause)

[57 FR 52594, Nov. 4, 1992, as amended at 58 FR 28472, May 13, 1993]
252.223-7000  [Reserved]



Sec. 252.223-7001  Hazard warning labels.

    As prescribed in 223.303, use the following clause:

                    Hazard Warning Labels (Dec. 1991)

    (a) ``Hazardous material,'' as used in this clause, is defined in 
the Hazardous Material Identification and Material Safety Data clause of 
this contract.
    (b) The Contractor shall label the item package (unit container) of 
any hazardous material to be delivered under this contract in accordance 
with the Hazard Communication Standard (29 CFR 1910.1200 et seq). The 
Standard requires that the hazard warning label conform to the 
requirements of the standard unless the material is otherwise subject to 
the labelling requirements of one of the following statutes:
    (1) Federal Insecticide, Fungicide and Rodenticide Act;
    (2) Federal Food, Drug and Cosmetics Act;
    (3) Consumer Product Safety Act;
    (4) Federal Hazardous Substances Act; or
    (5) Federal Alcohol Administration Act.
    (c) The Offeror shall list which hazardous material listed in the 
Hazardous Material Identification and Material Safety Data clause of 
this contract will be labelled in accordance with one of the Acts in 
paragraphs (b) (1) through (5) of this clause instead of the Hazard 
Communication Standard. Any hazardous material not listed will be 
interpreted to mean that a label is required in accordance with the 
Hazard Communication Standard.

------------------------------------------------------------------------
   Material (if none, insert ``none.'')                  Act            
------------------------------------------------------------------------
________                                    ________                    
________                                    ________                    
------------------------------------------------------------------------

    (d) The apparently successful Offeror agrees to submit, before 
award, a copy of the hazard warning label for all hazardous materials 
not listed in paragraph (c) of this clause. The Offeror shall submit the 
label with the Material Safety Data Sheet being furnished under the 
Hazardous Material Identification and Material Safety Data clause of 
this contract.
    (e) The Contractor shall also comply with MIL-STD-129, Marking for 
Shipment and Storage (including revisions adopted during the term of 
this contract).


[[Page 46]]



                             (End of clause)



Sec. 252.223-7002  Safety precautions for ammunition and explosives.

    As prescribed in 223.370-5, use the following clause:

       Safety Precautions for Ammunition and Explosives (May 1994)

    (a) Definition. Ammunition and explosives, as used in this clause--
    (1) Means liquid and solid propellants and explosives, pyrotechnics, 
incendiaries and smokes in the following forms:
    (i) Bulk,
    (ii) Ammunition;
    (iii) Rockets;
    (iv) Missiles;
    (v) Warheads;
    (vi) Devices; and
    (vii) Components of (i) through (vi), except for wholly inert items.
    (2) This definition does not include the following, unless the 
Contractor is using or incorporating these materials for initiation, 
propulsion, or detonation as an integral or component part of an 
explosive, an ammunition or explosive end item, or of a weapon system--
    (i) Inert components containing no explosives, propellants, or 
pyrotechnics;
    (ii) Flammable liquids;
    (iii) Acids;
    (iv) Oxidizers;
    (v) Powdered metals; or
    (vi) Other materials having fire or explosive characteristics.
    (b) Safety requirements. (1) The Contractor shall comply with the 
requirements of the DoD Contractors' Safety Manual for Ammunition and 
Explosives, DoD 4145.26-M, hereafter referred to as ``the manual,'' in 
effect on the date of the solicitation for this contract. The Contractor 
shall also comply with any other additional requirements included in the 
schedule of this contract.
    (2) The Contractor shall allow the Government access to the 
Contractor's facilities, personnel, and safety program documentation. 
The Contractor shall allow authorized Government representatives to 
evaluate safety programs, implementation, and facilities.
    (c) Noncompliance with the manual. (1) If the Contracting Officer 
notifies the Contractor of any noncompliance with the manual or schedule 
provisions, the Contractor shall take immediate steps to correct the 
noncompliance. The Contractor is not entitled to reimbursement of costs 
incurred to correct noncompliances unless such reimbursement is 
specified elsewhere in the contract.
    (2) The Contractor has 30 days from the date of notification by the 
Contracting Officer to correct the noncompliance and inform the 
Contracting Officer of the actions taken. The Contracting Officer may 
direct a different time period for the correction of noncompliances.
    (3) If the Contractor refuses or fails to correct noncompliances 
within the time period specified by the Contracting Officer, the 
Government has the right to direct the Contractor to cease performance 
on all or part of this contract. The Contractor shall not resume 
performance until the Contracting Officer is satisfied that the 
corrective action was effective and the Contracting Officer so informs 
the Contractor.
    (4) The Contracting Officer may remove Government personnel at any 
time the Contractor is in noncompliance with any safety requirement of 
this clause.
    (5) If the direction to cease work or the removal of Government 
personnel results in increased costs to the Contractor, the Contractor 
shall not be entitled to an adjustment in the contract price or a change 
in the delivery or performance schedule unless the Contracting Officer 
later determines that the Contractor had in fact complied with the 
manual or schedule provisions. If the Contractor is entitled to an 
equitable adjustment, it shall be made in accordance with the Changes 
clause of this contract.
    (d) Mishaps. If a mishap involving ammunition or explosives occurs, 
the Contractor shall--
    (1) Notify the Contracting Officer immediately;
    (2) Conduct an investigation in accordance with other provisions of 
this contract or as required by the Contracting Officer; and
    (3) Submit a written report to the Contracting Officer.
    (e) Contractor responsibility for safety. (1) Nothing in this 
clause, nor any Government action or failure to act in surveillance of 
this contract, shall relieve the Contractor of its responsibility for 
the safety of--
    (i) The Contractor's personnel and property;
    (ii) The Government's personnel and property; or
    (iii) The general public.
    (2) Nothing in this clause shall relieve the Contractor of its 
responsibility for complying with applicable Federal, State, and local 
laws, ordinances, codes, and regulations (including those requiring the 
obtaining of licenses and permits) in connection with the performance of 
this contract.
    (f) Contractor responsibility for contract performance. (1) Neither 
the number or frequency of inspections performed by the Government, nor 
the degree of surveillance exercised by the Government, relieve the 
Contractor of its responsibility for contract performance.
    (2) If the Government acts or fails to act in surveillance or 
enforcement of the safety requirements of this contract, this does not

[[Page 47]]

impose or add to any liability of the Government.
    (g) Subcontractors. (1) The Contractor shall insert this clause, 
including this paragraph (g), in every subcontract that involves 
ammunition or explosives.
    (i) The clause shall include a provision allowing authorized 
Government safety representatives to evaluate subcontractor safety 
programs, implementation, and facilities as the Government determines 
necessary.
    (ii) Note: The Government Contracting Officer or authorized 
representative shall notify the prime Contractor of all findings 
concerning subcontractor safety and compliance with the manual. The 
Contracting Officer or authorized representative may furnish copies to 
the subcontractor. The Contractor in turn shall communicate directly 
with the subcontractor, substituting its name for references to ``the 
Government''. The Contractor and higher tier subcontractors shall also 
include provisions to allow direction to cease performance of the 
subcontract if a serious uncorrected or recurring safety deficiency 
potentially causes an imminent hazard to DoD personnel, property, or 
contract performance.
    (2) The Contractor agrees to ensure that the subcontractor complies 
with all contract safety requirements. The Contractor will determine the 
best method for verifying the adequacy of the subcontractor's 
compliance.
    (3) The Contractor shall ensure that the subcontractor understands 
and agrees to the Government's right to access to the subcontractor's 
facilities, personnel, and safety program documentation to perform 
safety surveys. The Government performs these safety surveys of 
subcontractor facilities solely to prevent the occurrence of any mishap 
which would endanger the safety of DoD personnel or otherwise adversely 
impact upon the Government's contractual interests.
    (4) The Contractor shall notify the Contracting Officer or 
authorized representative before issuing any subcontract when it 
involves ammunition or explosives. If the proposed subcontract 
represents a change in the place of performance, the Contractor shall 
request approval for such change in accordance with the clause of this 
contract entitled ``Change in Place of Performance--Ammunition and 
Explosives''.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 59 FR 27675, May 27, 1994]



Sec. 252.223-7003  Change in place of performance--ammunition and explosives.

    As prescribed in 223.370-5, use the following clause:

  Change in Place of Performance--Ammunition and Explosives (Dec. 1991)

    (a) The Offeror shall identify, in the ``Place of Performance'' 
provision of this solicitation, the place of performance of all 
ammunition and explosives work covered by the Safety Precautions for 
Ammunition and Explosives clause of this solicitation. Failure to 
furnish this information with the offer may result in rejection of the 
offer.
    (b) The Offeror agrees not to change the place of performance of any 
portion of the offer covered by the Safety Precautions for Ammunition 
and Explosives clause contained in this solicitation after the date set 
for receipt of offers without the written approval of the Contracting 
Officer. The Contracting Officer shall grant approval only if there is 
enough time for the Government to perform the necessary safety reviews 
on the new proposed place of performance.
    (c) If a contract results from this offer, the Contractor agrees not 
to change any place of performance previously cited without the advance 
written approval of the Contracting Officer.

                             (End of clause)



Sec. 252.223-7004  Drug-Free Work Force.

    As prescribed in 223.570-4, use the following clause:

                    Drug-Free Work Force (Sep. 1988)

    (a) Definitions. (1) Employee in a sensitive position, as used in 
this clause, means an employee who has been granted access to classified 
information; or employees in other positions that the Contractor 
determines involve national security, health or safety, or functions 
other than the foregoing requiring a high degree of trust and 
confidence.
    (2) Illegal drugs, as used in this clause, means controlled 
substances included in Schedules I and II, as defined by section 802(6) 
of title 21 of the United States Code, the possession of which is 
unlawful under chapter 13 of that title. The term ``illegal drugs'' does 
not mean the use of a controlled substance pursuant to a valid 
prescription or other uses authorized by law.
    (b) The Contractor agrees to institute and maintain a program for 
achieving the objective of a drug-free work force. While this clause 
defines criteria for such a program, contractors are encouraged to 
implement alternative approaches comparable to the criteria in paragraph 
(c) that are designed to achieve the objectives of this clause.
    (c) Contractor programs shall include the following, or appropriate 
alternatives:
    (1) Employee assistance programs emphasizing high level direction, 
education, counseling, rehabilitation, and coordination with available 
community resources;

[[Page 48]]

    (2) Supervisory training to assist in identifying and addressing 
illegal drug use by Contractor employees;
    (3) Provision for self-referrals as well as supervisory referrals to 
treatment with maximum respect for individual confidentiality consistent 
with safety and security issues;
    (4) Provision for identifying illegal drug users, including testing 
on a controlled and carefully monitored basis. Employee drug testing 
programs shall be established taking account of the following:
    (i) The Contractor shall establish a program that provides for 
testing for the use of illegal drugs by employees in sensitive 
positions. The extent of and criteria for such testing shall be 
determined by the Contractor based on considerations that include the 
nature of the work being performed under the contract, the employee's 
duties, the efficient use of Contractor resources, and the risks to 
health, safety, or national security that could result from the failure 
of an employee adequately to discharge his or her position.
    (ii) In addition, the Contractor may establish a program for 
employee drug testing--
    (A) When there is a reasonable suspicion that an employee uses 
illegal drugs; or
    (B) When an employee has been involved in an accident or unsafe 
practice;
    (C) As part of or as a follow-up to counseling or rehabilitation for 
illegal drug use;
    (D) As part of a voluntary employee drug testing program.
    (iii) The Contractor may establish a program to test applicants for 
employment for illegal drug use.
    (iv) For the purpose of administering this clause, testing for 
illegal drugs may be limited to those substances for which testing is 
prescribed by section 2.1 of subpart B of the ``Mandatory Guidelines for 
Federal Workplace Drug Testing Programs'' (53 FR 11980 (April 11 1988)), 
issued by the Department of Health and Human Services.
    (d) Contractors shall adopt appropriate personnel procedures to deal 
with employees who are found to be using drugs illegally. Contractors 
shall not allow any employee to remain on duty or perform in a sensitive 
position who is found to use illegal drugs until such times as the 
Contractor, in accordance with procedures established by the Contractor, 
determines that the employee may perform in such a position.
    (e) The provisions of this clause pertaining to drug testing program 
shall not apply to the extent they are inconsistent with state or local 
law, or with an existing collective bargaining agreement; provided that 
with respect to the latter, the Contractor agrees that those issues that 
are in conflict will be a subject of negotiation at the next collective 
bargaining session.

                             (End of clause)

[57 FR 32737, July 23, 1992]



Sec. 252.223-7005  Hazardous waste liability.

    As prescribed in 223.7002, use the following clause:

                  Hazardous Waste Liability (Oct. 1992)

    (a) Definitions.
    As used in this clause--
    (1) Hazardous waste has the meaning given that term by section 
1004(5) of the Solid Waste Disposal Act (42 U.S.C. 6903(5)), except that 
such term also includes polychlorinated biphenyls (PCB).
    (2) Polychlorinated biphenyls (PCB) has the meaning given that term 
under section 6(e) of the Toxic Substances Control Act (15 U.S.C. 
2605(e)).
    (b) Upon receipt of hazardous waste properly characterized pursuant 
to applicable laws and regulations, the Contractor agrees that it shall 
reimburse the Government for any penalties assessed against, all 
liabilities incurred by, costs incurred by, and damages suffered by, the 
Government that are caused by--
    (1) The Contractor's breach of any term of the contract; or
    (2) Any negligent or willful act or omission of the Contractor or 
employees of the Contractor, in the performance of the contract.
    (c) Not later than 30 days after the award date of the contract, the 
Contractor shall demonstrate the ability to reimburse the Government as 
provided in paragraph (b) of this clause, by providing evidence to the 
Contracting Officer that--
    (1) The facility has liability insurance meeting the requirements of 
40 CFR 264.147; or
    (2) The facility meets the financial assurance requirements of 40 
CFR 264.147 for sudden and nonsudden accidental occurrences.
    (d) This clause does not apply to--
    (1) Performance of remedial action or corrective action under--
    (i) The Defense Environmental Restoration Program;
    (ii) Other programs or activities of the Department of Defense; or
    (iii) Authorized State hazardous waste programs;
    (2) Disposal of hazardous waste when the generation of such waste is 
incidental to the performance of the contract: or
    (3) Disposal of ammunition or solid rocket motors.
    (e) The Contractor shall include this clause, including this 
paragraph (e), in each subcontract under which the subcontractor 
receives hazardous waste from a defense facility.


[[Page 49]]



                             (End of clause)

[57 FR 53601, Nov. 12, 1992; 58 FR 40388, July 28, 1993]



Sec. Sec. 252.223-7006  Prohibition on storage and disposal of toxic and hazardous materials.

    As prescribed in 223.7103(a), use the following clause:

  Prohibition on Storage and Disposal of Toxic and Hazardous Materials 
                               (Apr. 1993)

    (a) Definitions.
    As used in this clause--
    (1) Storage means a non-transitory, semi-permanent or permanent 
holding, placement, or leaving of material. It does not include a 
temporary accumulation of a limited quantity of a material used in or a 
waste generated or resulting from authorized activities, such as 
servicing, maintenance, or repair of Department of Defense (DoD) items, 
equipment, or facilities.
    (2) Toxic or hazardous materials means:
    (i) Materials referred to in section 101(14) of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA) of 1980 
(42 U.S.C. 9601(14)) and materials designated under section 102 of 
CERCLA (42 U.S.C. 9602) (40 CFR part 302);
    (ii) Materials that are of an explosive, flammable, or pyrotechnic 
nature; or
    (iii) Materials otherwise identified by the Secretary of Defense as 
specified in DoD regulations.
    (b) In accordance with 10 U.S.C. 2692, the Contractor is prohibited 
from storing or disposing of non-DoD-owned toxic or hazardous materials 
on a DoD installation, except to the extent authorized by a statutory 
exception to 10 U.S.C. 2692 or as authorized by the Secretary of Defense 
or his designee.

                         Alternate I (NOV 1995)

    As prescribed in 223.7103(b), add the following paragraphs (c) and 
(d) to the basic clause:

    (c) With respect to treatment or disposal authorized pursuant to 10 
U.S.C. 2692(b)(9), and notwithstanding any other provision of the 
contract, the Contractor assumes all financial and environmental 
responsibility and liability resulting from any treatment or disposal of 
non-DoD-owned toxic or hazardous materials on a military installation. 
The Contractor shall indemnify, defend, and hold the Government harmless 
for all costs, liability, or penalties resulting from the Contractor's 
treatment or disposal of non-DoD-owned toxic or hazardous materials on a 
military installation.
    (d) The Contractor shall include this clause, including this 
paragraph (d), in each subcontract which requires, may require, or 
permits a subcontractor to treat or dispose of non-DoD-owned toxic or 
hazardous materials as defined in this clause.

[58 FR 28472, May 13, 1993, as amended at 60 FR 13076, Mar. 10, 1995; 60 
FR 61601, Nov. 30, 1995]



Sec. 252.223-7007  Safeguarding sensitive conventional arms, ammunition, and explosives.

    As prescribed in 223.7203, use the following clause:

  Safeguarding Sensitive Conventional Arms, Ammunition, and Explosives 
                               (FEB 1996)

    (a) Definition.
    ``Arms, ammunition, and explosives (AA&E),'' as used in this clause, 
means those items within the scope (chapter 1, paragraph B) of DoD 
5100.76-M, Physical Security of Sensitive Conventional Arms, Ammunition, 
and Explosives.
    (b) The requirements of DoD 5100.76-M apply to the following items 
of AA&E being developed, produced, manufactured, or purchased for the 
Government, or provided to the Contractor as Government-furnished 
property under this contract:

------------------------------------------------------------------------
                                                  National              
                 Nomenclature                      stock     Sensitivity
                                                   number      category 
------------------------------------------------------------------------
                                                                        
                                                                        
------------------------------------------------------------------------

    (c) The Contractor shall comply with the requirements of DoD 
5100.76-M, as specified in the statement of work. The edition of DoD 
5100.76-M in effect on the date of issuance of the solicitation for this 
contract shall apply.
    (d) The Contractor shall allow representatives of the Defense 
Investigative Service (DIS), and representatives of other appropriate 
offices of the Government, access at all reasonable times into its 
facilities and those of its subcontractors, for the purpose of 
performing surveys, inspections, and investigations necessary to review 
compliance with the physical security standards applicable to this 
contract.
    (e) The Contractor shall notify the cognizant DIS field office of 
any subcontract involving AA&E within 10 days after award of the 
subcontract.
    (f) The Contractor shall ensure that the requirements of this clause 
are included in all subcontracts, at every tier--
    (1) For the development, production, manufacture, or purchase of 
AA&E or
    (2) When AA&E will be provided to the subcontractor as Government-
furnished property.

[[Page 50]]

    (g) Nothing in this clause shall relieve the Contractor of its 
responsibility for complying with applicable Federal, state, and local 
laws, ordinances, codes, and regulations (including requirements for 
obtaining licenses and permits) in connection with the performance of 
this contract.

(End of clause)

[61 FR 7750, Feb. 29, 1996]



Sec. 252.225-7000  Buy American Act--Balance of Payments Program Certificate.

    As prescribed in 225.109(a), use the following provision:

  Buy American Act--Balance of Payments Program Certificate (Dec. 1991)

    (a) Definitions. Domestic end product, qualifying country, 
qualifying country end product, and qualifying country end product have 
the meanings given in the Buy American Act and Balance of Payments 
Program clause of this solicitation.
    (b) Evaluation. Offers will be evaluated by giving preference to 
domestic end products and qualifying country end products over 
nonqualifying country end products.
    (c) Certifications. (1) The Offeror certifies that--
    (i) Each end product, except those listed in paragraphs (c) (2) or 
(3) of this clause, is a domestic end product; and
    (ii) Components of unknown origin are considered to have been mined, 
produced, or manufactured outside the United States or a qualifying 
country.
    (2) The Offeror certifies that the following end products are 
qualifying country end products:

                     Qualifying Country End Products                    
------------------------------------------------------------------------
               Line item No.                      Country of origin     
------------------------------------------------------------------------
________                                    ________                    
------------------------------------------------------------------------

(List only qualifying country end products.)

    (3) The Offeror certifies that the following end products are 
nonqualifying country end products:

                   Nonqualifying Country End Products                   
------------------------------------------------------------------------
               Line item No.                Country of origin (If known)
------------------------------------------------------------------------
________                                    ________                    
------------------------------------------------------------------------


                           (End of provision)



Sec. 252.225-7001  Buy American Act and Balance of Payments Program.

    As prescribed in 225.109(d), use the following clause:

      Buy American Act and Balance of Payments Program (Jan. 1994)

    (a) Definitions. (1) Components means those articles, materials, and 
supplies directly incorporated into end products.
    (2) Qualifying country means any country set forth in subsection 
225.872-1 of the Defense FAR Supplement.
    (3) Qualifying country component means an item mined, produced, or 
manufactured in a qualifying country.
    (4) End product means those articles, materials, and supplies to be 
acquired for public use under the contract. For this contract, the end 
products are the line items to be delivered to the Government (including 
supplies to be acquired by the Government for public use in connection 
with service contracts, but excluding installation and other services to 
be performed after delivery).
    (5) Domestic end product means--
    (i) An unmanufactured end product which has been mined or produced 
in the United States; or
    (ii) An end product manufactured in the United States if the cost of 
its qualifying country components and its components which are mined, 
produced, or manufactured in the United States exceeds 50 percent of the 
cost of all its components. The cost of components shall include 
transportation costs to the place of incorporation into the end product 
and U.S. duty (whether or not a duty-free entry certificate may be 
issued). Consider a component to have been mined, produced, or 
manufactured in the United States (regardless of its source in fact) if 
the end product in which it is incorporated is manufactured in the 
United States and the component is of a class or kind--
    (A) Determined to be not mined, produced, or manufactured in the 
United States in sufficient and reasonably available commercial 
quantities and of a satisfactory quality; or
    (B) Which the Secretary concerned determines would be inconsistent 
with the public interest to apply the restrictions of the Buy American 
Act.
    (6) Nonqualifying country end product means an end product which is 
neither a domestic end product nor a qualifying country end product.
    (7) Qualifying country end product means--
    (i) An unmanufactured end product mined or produced in a qualifying 
country; or
    (ii) An end product manufactured in a qualifying country if the cost 
of the components mined, produced, or manufactured in the qualifying 
country and its components mined, produced, or manufactured in the 
United States exceeds 50 percent of the cost of all its components.
    (b) This clause implements the Buy American Act (41 U.S.C. 10a-d) in 
a manner that will encourage a favorable international balance of 
payments by providing a preference

[[Page 51]]

to domestic end products over other end products, except for end 
products which are qualifying country end products.
    (c) The Contractor agrees that it will deliver only domestic end 
products unless, in its offer, it specified delivery of other end 
products in the Buy American Act and Balance of Payments Certificate or 
the Buy American Act--Trade Agreements--Balance of Payments Program 
Certificate. An offer certifying that a qualifying country end product 
will be supplied requires the Contractor to deliver a qualifying country 
end product or a domestic end product.
    (d) The offered price of nonqualifying country end products must 
include all applicable duty. Generally, when the Buy American Act is 
applicable, each nonqualifying country offer is adjusted for the purpose 
of evaluation by adding 50 percent of the offer, inclusive of duty.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 59 FR 1290, Jan. 10, 1994]



Sec. 252.225-7002  Qualifying country sources as subcontractors.

    As prescribed in 225.109-70(a), use the following clause:

        Qualifying Country Sources as Subcontractors (Dec. 1991)

    Subject to the restrictions in section 225.872 of the Defense FAR 
Supplement, the Contractor shall not preclude qualifying country sources 
and U.S. sources from competing for subcontracts under this contract.

                             (End of clause)



Sec. 252.225-7003  Information for duty-free entry evaluation.

    As prescribed in 225.109-70(b), use the following provision:

         Information for Duty-Free Entry Evaluation (Aug. 1992)

    (a) Is the offer based on furnishing any supplies (i.e., end items, 
components, or material) of foreign origin other than those for which 
duty-free entry is to be accorded pursuant to the Duty-Free Entry--
Qualifying Country End Products and Supplies clause of this 
solicitation?

Yes (  )
No (  )

    (b) If the answer in paragraph (a) is yes, answer the following 
questions:
    (1) Are such foreign supplies now in the United States?

Yes (  )
No (  )
    (2) Has the duty on such foreign supplies been paid?

Yes (  )
No (  )
    (3) If the answer to paragraph (b)(2) is no, what amount is included 
in the offer to cover such duty? $______
    (c) If the duty has not been paid, the Government may elect to make 
award on a duty-free basis. If so, the offered price will be reduced in 
the contract award by the amount specified in paragraph (b)(3). The 
Offeror agrees to identify, at the request of the Contracting Officer, 
the foreign supplies which are subject to duty-free entry.
    (d) Offers will be evaluated on a duty included basis except to the 
extent that--
    (1) The supplies are qualifying country end products as defined in 
the Buy American Act and Balance of Payments Program clause of this 
solicitation; or

    (2) The duty-free price is specified for use in the evaluation 
procedure.

                           (End of provision)

[56 FR 36479, July 31, 1991, as amended at 57 FR 42633, Sept. 15, 1992]



Sec. 252.225-7004  Nondomestic construction materials.

    As prescribed in 225.205-70, use the following clause:

             Nondomestic Construction Materials (Dec. 1991)

    The requirements of the Buy American Act clause of this contract do 
not apply to the following items:
_______________________________________________________________________
_______________________________________________________________________

                             (End of clause)



Sec. 252.225-7005  Identification of expenditures in the United States.

    As prescribed in 225.305-70, use the following clause:

     Identification of Expenditures in the United States (Dec. 1991)

    (a) On each invoice, voucher, or other request for payment under 
this contract, the Contractor shall identify that part of the requested 
payment which represents estimated expenditures in the United States. 
The identification--
    (1) May be expressed either as dollar amounts or as percentages of 
the total amount of the request for payment.
    (2) Should be based on reasonable estimates.

[[Page 52]]

    (3) Shall consist of stating the full amount of the payment 
requested, subdivided into the following categories:
    (i) U.S. products--expenditures for material and equipment 
manufactured or produced in the United States, excluding transportation;
    (ii) U.S. services--expenditures for services performed in the 
United States, including charges for overhead, other indirect costs, and 
profit;
    (iii) Transportation on U.S. carriers--expenditures for 
transportation furnished by U.S. flag, ocean, surface, and air carriers; 
and
    (iv) Expenditures not identified under paragraphs (a) (1), (2), and 
(3).
    (b) If this contract is principally for supplies or if the 
Contractor is not an incorporated concern incorporated in the United 
States, or an unincorporated concern having its principal place of 
business in the United States, the amounts identified under paragraphs 
(a)(3) (i), (ii), and (iii) will be limited to payments made pursuant to 
the requirements either of the United States Products and Services 
clause, if any, or of any other specific provision of this contract that 
obligates the Contractor to acquire certain materials, equipment, 
transportation, or services from U.S. sources.
    (c) Nothing in this clause requires the establishment or maintenance 
of detailed accounting records or gives the U.S. Government any right to 
audit the Contractor's books or records.

                             (End of clause)



Sec. 252.225-7006  Buy American Act--Trade Agreements--Balance of Payments Program Certificate.

    As prescribed in 225.407(a)(1), use the following provision:

    Buy American Act--Trade Agreements--Balance of Payments Program 
                         Certificate (Jan. 1994)

    (a) Definitions.
    Caribbean Basin country end product, designated country end product, 
domestic end product, NAFTA country end product, nondesignated country 
end product, qualifying country end product, and U.S. made end product 
have the meanings given in the Trade Agreements or Buy American Act and 
Balance of Payments Program clauses of this solicitation.
    (b) Evaluation.
    Offers will be evaluated by giving preference to U.S. made end 
products, qualifying country end products, designated country end 
products, NAFTA country end products, and Caribbean Basin country end 
products over other end products.
    (c) Certifications. (1) The Offeror certifies that--
    (i) Each end product, except the end products listed in paragraph 
(c)(2) of this provision, is a domestic end product (as defined in the 
Buy American Act and Balance of Payments Program clause of this 
solicitation); and
    (ii) Components of unknown origin are considered to have been mined, 
produced, or manufactured outside the United States or a qualifying 
country.
    (2) The Offeror must identify and certify all end products that are 
not domestic end products.
    (i) The Offeror certifies that the following supplies qualify as 
U.S. made end products but do not meet the definition of domestic end 
product:
_______________________________________________________________________
(insert line item number)
    (ii) The Offeror certifies that the following supplies are 
qualifying country end products:
_______________________________________________________________________
(insert line item number)
_______________________________________________________________________
(insert country of origin)
    (iii) The Offeror certifies that the following supplies qualify as 
designated country end products:
_______________________________________________________________________
(insert line item number)
_______________________________________________________________________
(insert country of origin)
    (iv) The Offeror certifies that the following supplies qualify as 
Caribbean Basin country end products:
_______________________________________________________________________
(insert line item number)
_______________________________________________________________________
(insert country of origin)
    (v) The Offeror certifies that the following supplies qualify as 
NAFTA country end products:
_______________________________________________________________________
(insert line item number)
_______________________________________________________________________
(insert country of origin)
    (vi) The Offeror certifies that the following supplies are other 
nondesignated country end products.
_______________________________________________________________________
(insert line item number)
_______________________________________________________________________
(insert country of origin)

                           (End of provision)

[56 FR 36479, July 31, 1991, as amended at 56 FR 67221, Dec. 30, 1991; 
59 FR 1290, Jan. 10, 1994]



Sec. 252.225-7007  Trade Agreements.

    As prescribed in 225.408(a)(2), use the following clause:

[[Page 53]]

                       Trade Agreements (JUL 1996)

    (a) Definitions.
    (1) Caribbean Basin country end product--
    (i) Means an article that--
    (A) Is wholly the growth, product, or manufacture of a Caribbean 
Basin country (as defined in 25.401 of the FAR); or
    (B) Has, in the case of an article which consists in whole or in 
part of materials from another country or instrumentality, been 
substantially transformed into a new and different article of commerce 
with a name, character, or use distinct from that of the article or 
articles from which it was so transformed. The term includes services 
(except transportation services) incidental to its supply, provided that 
the value of those incidental services does not exceed the value of the 
product itself. It does not include service contracts as such.
    (ii) Excludes products, other than petroleum and any product derived 
from petroleum, that are not granted duty-free treatment under the 
Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(b)). These 
exclusions presently consist of--
    (A) Textiles and apparel articles that are subject to textile 
agreements;
    (B) Footwear, handbags, luggage, flat goods, work gloves, and 
leather wearing apparel not designated as eligible articles for the 
purpose of the Generalized System of Preferences under title V of the 
Trade Act of 1974;
    (C) Tuna, prepared or preserved in any manner in airtight 
containers; and
    (D) Watches and watch parts (including cases, bracelets, and straps) 
of whatever type, including, but not limited to, mechanical, quartz 
digital, or quartz analog, if such watches or watch parts contain any 
material which is the product of any country to which Harmonized Tariff 
Schedule column 2 rates of duty apply.
    (2) Components, domestic end product, end product, nonqualifying 
country, qualifying country, and qualifying country end product have the 
meanings given in the Buy American Act and Balance of Payments Program 
clause of this contract.
    (3) Designated country means:
Aruba
Austria
Bangladesh
Belgium
Benin
Bhutan
Botswana
Burkina Faso
Burundi
Canada
Cape Verde
Central African Republic
Chad
Comoros
Denmark
Finland
France
Gambia
Germany
Greece
Guinea
Haiti
Ireland
Israel
Italy
Japan
Lesotho
Liechtenstein
Luxembourg
Malawi
Maldives
Mali
Nepal
Netherlands
Niger
Norway
Portugal
Republic of Korea
Rwanda
Singapore
Somalia
Spain
Sudan
Sweden
Switzerland
Tanzania U.R.
Uganda
United Kingdom
Western Samoa
Yemen

    (4) Designated country end product means an article that--
    (i) Is wholly the growth, product, or manufacture of the designated 
country; or
    (ii) Has, in the case of an article which consists in whole or in 
part of materials from another country or instrumentality, been 
substantially transformed into a new and different article of commerce 
with a name, character, or use distinct from that of the article or 
articles from which it was so transformed. The term includes services 
(except transportation services) incidental to its supply, provided that 
the value of those incidental services does not exceed the value of the 
product itself. It does not include service contracts as such.
    (5) NAFTA country end product means an article that--
    (i) Is wholly the growth, product, or manufacture of the NAFTA 
country; or
    (ii) Has, in the case of an article which consists in whole or in 
part of materials from another country or instrumentality, been 
substantially transformed in a NAFTA country into a new and different 
article of commerce with a name, character, or use distinct from that of 
the article or articles from which it was so transformed. The term 
includes services (except transportation services) incidental to its 
supply, provided

[[Page 54]]

that the value of those incidental services does not exceed the value of 
the product itself. It does not include service contracts as such.
    (6) North American Free Trade Agreement (NAFTA) country means Canada 
or Mexico.
    (7) Nondesignated country end product means any end product which is 
not a U.S. made end product or a designated country end product.
    (8) United States means the United States, its possessions, Puerto 
Rico, and any other place subject to its jurisdiction, but does not 
include leased bases or trust territories.
    (9) U.S. made end product means an article which is--
    (i) Wholly the growth, product or manufacture of the United States, 
or
    (ii) In the case of an article which consists in whole or in part of 
materials from another country or instrumentality, has been 
substantially transformed in the United States into a new and distinct 
article of commerce with a name, character, or use distinct from that of 
the article or articles from which it was so transformed.
    (b) This clause implements the Trade Agreements Act of 1979 (19 
U.S.C. 2501 et seq.), the North American Free Trade Agreement 
Implementation Act of 1993, and the Caribbean Basin Initiative by 
providing a preference for U.S. made end products and designated country 
end products over nondesignated country end products, except 
nondesignated country end products which are qualifying country end 
products, NAFTA country end products, or Caribbean Basin end products.
    (c) The Contractor agrees to deliver under this contract only U.S. 
made end products unless, in its offer, it specified delivery of 
qualifying country, designated country, NAFTA country, or nondesignated 
country end products in the Buy American Act--Trade Agreements--Balance 
of Payments Program Certificate provision.
    (1) Offerors may not supply a nondesignated country end product 
unless--
    (i) It is a qualifying country end product, a Caribbean Basin 
country end product, or a NAFTA country end product;
    (ii) The Contracting Officer has determined that offers of U.S. made 
end products or qualifying, designated, NAFTA, or Caribbean Basin 
country end products from responsive, responsible offerors are either 
not received or are insufficient to fill the Government's requirements; 
or
    (iii) A national interest waiver has been granted under Section 302 
of the Trade Agreements Act of 1979 (see FAR 25.402(c)).
    (2) An offer certifying that a qualifying country end product, a 
designated country end product, a NAFTA country end product, or a 
Caribbean Basin country end product will be supplied, requires the 
Contractor to supply a qualifying country end product, a designated 
country end product, a NAFTA country end product, or a Caribbean Basin 
country end product, whichever is certified, or, at the Contractor's 
option, a U.S. made end product.
    (d) The offered price of end products listed and certified under 
paragraphs (c)(2)(i) and (vi) of the Buy American Act--Trade 
Agreements--Balance of Payments Program Certificate provision of the 
solicitation must include all applicable duty. The offered price of 
qualifying country end products, designated country end products, NAFTA 
country end products, and Caribbean Basin country end products for line 
items subject to the Trade Agreements Act or the North American Free 
Trade Agreement Implementation Act, should not include custom fees or 
duty.

                             (End of clause)

                         Alternate I (APR 1996)

    As prescribed in 225.408(a)(2), delete Singapore from the list of 
designated countries in paragraph (a)(3) of the basic clause.

[56 FR 36479, July 31, 1991, as amended at 59 FR 1290, Jan. 10, 1994; 59 
FR 8041, Feb. 17, 1994; 61 FR 130, Jan. 3, 1996; 61 FR 16880, Apr. 18, 
1996; 61 FR 37842, July 22, 1996]



Sec. 252.225-7008  Supplies to be accorded duty-free entry.

    As prescribed in 225.605-70(a), use the following clause:

           Supplies To Be Accorded Duty-Free Entry (Dec. 1991)

    In accordance with paragraph (a) of the Duty-Free Entry clause and/
or paragraph (b) of the Duty-Free Entry--Qualifying Country End Products 
and Supplies clause of this contract, the following supplies are 
accorded duty-free entry:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

                             (End of clause)



Sec. 252.225-7009  Duty-free entry--qualifying country end products and supplies.

    As prescribed in 225.605-70(b), use the following clause:

  Duty-Free Entry--Qualifying Country End Products and Supplies (Dec. 
                                  1991)

    (a) Definitions.
    Qualifying country and qualifying country end products have the 
meaning given in the Buy American Act and Balance of Payments Program 
clause of this contract.

[[Page 55]]

    (b) The requirements of this clause apply to this contract and 
subcontracts, including purchase orders, that involve supplies to be 
accorded duty-free entry whether--
    (1) Placed directly with a foreign concern as a prime contract; or
    (2) As a subcontract or purchase order under a contract placed with 
a domestic concern.
    (c) Except as otherwise approved by the Contracting Officer, no 
amount is or will be included in the contract price for duty for--
    (1) End items that are qualifying country end products; or
    (2) Supplies (including without limitation, raw materials, 
components, and intermediate assemblies) produced or made in qualifying 
countries, that are to be incorporated in the end items to be delivered 
under this contract, provided that the end items are manufactured in the 
United States or in a qualifying country, except supplies imported into 
the United States before the date of this contract or, in the case of 
supplies imported by a first or lower tier subcontractor, before the 
date of the subcontract.
    (d) The Contractor warrants that--
    (1) All qualifying country supplies, for which duty-free entry is to 
be claimed, are intended to be delivered to the Government or 
incorporated in the end items to be delivered under this contract; and
    (2) The Contractor will pay duty to the extent that such supplies, 
or any portion thereof (if not scrap or salvage) are diverted to 
nongovernmental use, other than as a result of a competitive sale made, 
directed, or authorized by the Contracting Officer.
    (e) The Government agrees to execute duty-free entry certificates 
and to afford such assistance as appropriate to obtain the duty-free 
entry of qualifying country supplies for which the shipping documents 
bear the notation specified in paragraph (f) of this clause, except as 
the Contractor may otherwise agree.
    (f) All shipping documents submitted to Customs, covering foreign 
end products or supplies for which duty-free entry certificates are to 
be issued under this clause, shall--
    (1) Consign the shipments to the appropriate--
    (i) Military department in care of the Contractor, including the 
Contractor's delivery address; or
    (ii) Military installation; and
    (2) Include the following information--
    (i) Prime contract number, and delivery order if applicable;
    (ii) Number of the subcontract/purchase order for foreign supplies 
if applicable;
    (iii) Identification of carrier;
    (iv) The notation: UNITED STATES GOVERNMENT, DEPARTMENT OF DEFENSE 
Duty-Free Entry to be claimed pursuant to section XXII, chapter 98, 
subchapter VIII, item 9808.00.30 of the Harmonized Tariff Schedule of 
the United States. Upon arrival of shipment at the appropriate port of 
entry, District Director of Customs, please release shipment under 19 
CFR part 142 and notify Commander, Defense Contract Management Area 
Operations (DCMAO) New York, attn: Customs Team, DCMDN-GNIC, 207 New 
York Avenue, Staten Island, New York, 10305-5013, for execution of 
Customs Forms 7501, 7501A, or 7506 and any required duty-free entry 
certificates. (Note: This notation shall be used only for direct 
shipments to a U.S. military installation. In cases where the shipment 
will be consigned to other than a military installation, e.g., a 
domestic contractor's plant, the shipping document notation shall be 
altered to insert the name and address of the contractor, agent or 
broker who will notify Commander, Defense Contract Management Area 
Operations (DCMAO) New York, for execution of the duty-free 
certificate.)
    (v) Gross weight in pounds (if freight is based on space tonnage, 
state cubic feet in addition to gross shipping weight);
    (vi) Estimated value in U.S. dollars; and
    (vii) Activity Address Number of the contract administration office 
actually administering the prime contract, e.g., for DCMAO Dayton, 
DLA8DP.
    (g) Preparation of customs forms. (1) Except for shipments consigned 
to a military installation, the Contractor shall prepare, or authorize 
an agent to prepare, any customs forms required for the entry of foreign 
supplies in connection with DoD contracts into the United States, its 
possessions, or Puerto Rico. Submit the completed customs forms to the 
District Director of Customs with a copy to DCMAO NY for execution of 
any required duty-free entry certificates. Shipments consigned directly 
to a military installation will be released in accordance with 10.101 
and 10.102 of the U.S. Custom regulations.
    (2) For shipments containing both supplies which are to be accorded 
duty-free entry and supplies which are not, the Contractor shall 
identify on the customs forms those items that are eligible for duty-
free entry.
    (h) The contractor agrees--
    (1) To prepare (if this contract is placed directly with a foreign 
supplier), or to instruct the foreign supplier to prepare, a sufficient 
number of copies of the bill of lading (or other shipping document) so 
that at least two of the copies accompanying the shipment will be 
available for use by the District Director of Customs at the port of 
entry;
    (2) To consign the shipment as specified in paragraph (f) of this 
clause; and
    (3) To mark the exterior of all packages as follows:
    (i) ``UNITED STATES GOVERNMENT, DEPARTMENT OF DEFENSE;'' and

[[Page 56]]

    (ii) The activity address number of the contract administration 
office actually administering the prime contract.
    (i) The Contractor agrees to notify the Contracting Officer 
administering the prime contract in writing of any purchase under the 
contract of qualifying country supplies to be accorded duty-free entry 
that are to be imported into the United States for delivery to the 
Government or for incorporation in end items to be delivered to the 
Government. The notice shall be furnished to the contract administration 
office immediately upon award to the qualifying country supplier. The 
notice shall contain--
    (1) Prime contractor's name, address, and CAGE code;
    (2) Prime contract number, and delivery order number if applicable;
    (3) Total dollar value of the prime contract or delivery order;
    (4) Expiration date of the prime contract or delivery order;
    (5) Foreign supplier's name and address;
    (6) Number of the subcontract/purchase order for foreign supplies;
    (7) Total dollar value of the subcontract for foreign supplies;
    (8) Expiration date of the subcontract for foreign supplies;
    (9) List of items purchased; and
    (10) Certification by the purchaser of foreign supplies as follows: 
I certify that all supplies for which duty-free entry is to be claimed 
are intended to be delivered to the Government or incorporated in the 
end items to be delivered under this contract, and that duty shall be 
paid by the Contractor to the extent that such supplies, or any portion 
(if not scrap or salvage) are diverted to nongovernmental use other than 
as a result of a competitive sale made, directed or authorized by the 
Contracting Officer;
    (11) The qualifying country; and
    (12) The scheduled delivery date(s).
    (j) This clause does not apply to purchases of qualifying country 
supplies in connection with this contract if--
    (1) The qualifying country supplies are identical in nature to 
supplies purchased by the Contractor or any subcontractor in connection 
with its commercial business; and
    (2) It is not economical or feasible to account for such supplies so 
as to ensure that the amount of the supplies for which duty-free entry 
is claimed does not exceed the amount purchased in connection with this 
contract.
    (k) The Contractor agrees to insert the substance of this clause, 
including this paragraph (k) in all subcontracts for supplies. Each 
subcontract shall require the subcontractor to identify this contract by 
including its contract number on any shipping documents submitted to 
Customs covering supplies for which duty-free entry is to be claimed 
pursuant to this clause. The Contractor also agrees that the name and 
address of the Contracting Officer administering the prime contract 
(name and address of the contract administration office cognizant of the 
prime contract), and its activity address number (appendix G of the 
Defense FAR Supplement), and the information required by paragraphs (i) 
(1), (2), and (3) of this clause will be included in applicable 
subcontracts.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 56 FR 67221, Dec. 30, 1991; 
60 FR 29502, June 5, 1995]



Sec. 252.225-7010  Duty-free entry--additional provisions.

    As prescribed in 225.605-70(d), use the following clause:

           Duty-free Entry--Additional Provisions (Dec. 1991)

    (a) The requirements of this clause supplement the Duty-Free Entry 
clause of this contract.
    Both of these clauses apply to this contract and subcontracts, 
including purchase orders, that involve supplies to be accorded duty-
free entry whether placed--
    (1) Directly with a foreign concern as a prime contract; or
    (2) As a subcontractor purchase order under a contract with a 
domestic concern.
    (b) The Contractor shall send the notification required by paragraph 
(b)(1) of the Duty-Free Entry clause of this contract to the Contracting 
Officer administering this contract.
    (c) In addition to any data required by paragraph (b)(1) of the 
Duty-Free Entry clause, the Contractor shall furnish the following for 
all foreign supplies to be imported pursuant to paragraphs (a) or (b) of 
the Duty-Free Entry clause. Furnish this information to the Contracting 
Officer administering the prime contract immediately upon award of any 
contract or subcontract involving supplies to be accorded duty-free 
entry.
    (1) Prime contractor's name, address, and CAGE code;
    (2) Prime contract number plus delivery order number, if applicable;
    (3) Total dollar value of the prime contract or delivery order;
    (4) Expiration date of the prime contract or delivery order;
    (5) Foreign supplier's name and address;
    (6) Number of the subcontract/purchase order for foreign supplies;
    (7) Total dollar value of the subcontract for foreign supplies;
    (8) Expiration date of the subcontract for foreign supplies;

[[Page 57]]

    (9) List of items purchased; and
    (10) Certification by the purchaser of foreign supplies as follows: 
I certify that all supplies for which duty-free entry is to be claimed 
are to be delivered to the Government or incorporated in the end items 
to be delivered under this contract, and that duty shall be paid by the 
Contractor to the extent that such supplies, or any portion (if not 
scrap or salvage) are diverted to nongovernmental use other than as a 
result of a competitive sale made, directed, or authorized by the 
Contracting Officer.
    (d) The Contractor agrees to incorporate the substance of this 
clause, including this paragraph (d), in any subcontract (including 
purchase orders) in accordance with paragraph (i) of the Duty-Free Entry 
clause of this contract. The Contractor agrees that the name and address 
of the Contracting Officer administering the prime contract (name and 
address of the contract administration office cognizant of the prime 
contract and its activity address number (appendix G of the Defense FAR 
Supplement)) and the information required by paragraphs (c)(1), (2), and 
(3) of this clause will be included in applicable subcontracts.
    (e) To properly complete the shipping document instructions as 
required by paragraph (f) of the Duty-Free Entry clause, the Contractor 
shall insert Defense Contract Management Area Operations (DCMAO) New 
York, attn: Customs Team, DCMDN-GNIC, 207 New York Avenue, Staten 
Island, New York, 10305-5013, as the cognizant contract administration 
office (for paragraph (f) only) in those cases when the shipment is 
consigned directly to a military installation. When the shipment will be 
consigned to a location other than a military installation, e.g., a 
domestic contractor's plant, change the shipping document notation 
required by paragraph (f) of the clause to insert the name and address 
of the Contractor, agent or broker that will prepare the customs 
documentation for execution of the Duty-Free Entry certificates. In 
either case, the shipping documents will contain the following items in 
addition to those required by paragraph (f) of the Duty-Free Entry 
clause:
    (1) Delivery order number on the Government prime contract, if 
applicable;
    (2) Number of the subcontract/purchase order for foreign supplies, 
if applicable;
    (3) Activity address number of the contract administration office 
actually administering the prime contract, e.g., for DCMAO Dayton, 
DLA8DP.
    (f) Except for shipments consigned to a military installation, the 
Contractor shall prepare, or authorize an agent to prepare, any customs 
forms required for the entry into the United States, its possessions, or 
Puerto Rico of foreign supplies in connection with DoD contracts. The 
Contractor shall submit the completed customs forms to the District 
Director of Customs with a copy to DCMAO New York for execution of any 
required duty-free entry certificates. For shipments containing both 
supplies which are to be accorded duty-free entry and supplies which are 
not, the Contractor shall identify on the customs forms those items 
which are eligible for duty-free entry under the provisions of the Duty-
Free Entry clause. Shipments consigned directly to a military 
installation will be released in accordance with Secs. 10.101 and 10.102 
of the U.S. Customs regulations.
    (g) The Contractor shall ensure that all exterior containers are 
marked in accordance with paragraph (g) of the Duty-Free Entry clause, 
including the following additional data--
    (1) ``UNITED STATES GOVERNMENT, DEPARTMENT OF DEFENSE;'' and
    (2) The activity address number for the contract administration 
office actually administering the prime contract.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 59 FR 1291, Jan. 10, 1994; 60 
FR 29502, June 5, 1995]



Sec. 252.225-7011  Restriction on acquisition of supercomputers.

    As prescribed in 225.7023-3, use the following clause:

        Restriction on Acquisition of Supercomputers (July 1995)

    The Contractor agrees that any supercomputers furnished under this 
contract have been manufactured in the United States.

                             (End of clause)

[60 FR 34471, July 3, 1995]



Sec. 252.225-7012  Preference for certain domestic commodities.

    As prescribed in 225.7002-3(a), use the following clause:

         Preference for Certain Domestic Commodities (NOV 1995)

    (a) The Contractor agrees to deliver under this contract only such 
of the following articles that have been grown, reprocessed, reused, or 
produced in the United States, its possessions, or Puerto Rico--
    (1) Food;
    (2) Clothing;
    (3) Tents, tarpaulins, or covers;
    (4) Cotton and other natural fiber products;
    (5) Woven silk or woven silk blends;
    (6) Spun silk yarn for cartridge cloth;

[[Page 58]]

    (7) Synthetic fabric, and coated synthetic fabric;
    (8) Canvas products;
    (9) Wool (whether in the form of fiber or yarn or contained in 
fabrics, materials, or manufactured articles); or
    (10) Any item of individual equipment manufactured from or 
containing such fibers, yarns, fabrics, or materials.
    (b) This clause does not apply--
    (1) To supplies listed in FAR section 25.108(d)(1), or other 
supplies for which the Government has determined that a satisfactory 
quality and sufficient quantity cannot be acquired as and when needed at 
U.S. market prices;
    (2) To foods which have been manufactured or processed in the United 
States, its possessions, or Puerto Rico;
    (3) To chemical warfare protective clothing produced in the 
countries listed in subsection 225.872-1 of the Defense FAR Supplement; 
or
    (4) To commercial items or components purchased from subcontractors 
or suppliers.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 59 FR 27675, May 27, 1994; 60 
FR 61601, Nov. 30, 1995; 61 FR 50455, Sept. 26, 1996]
252.225-7013  [Reserved]



Sec. 252.225-7014  Preference for domestic specialty metals.

    As prescribed in 225.7002-3(b), use the following clause:

           Preference for Domestic Specialty Metals (NOV 1995)

    (a) Definition.
    Specialty metals means--
    (1) Steel--
    (i) Where the maximum alloy content exceeds one or more of the 
following limits: manganese, 1.65 percent; silicon, 0.60 percent; or 
copper, 0.60 percent; or
    (ii) Which contains more than 0.25 percent of any of the following 
elements: aluminum, chromium, cobalt, columbium, molybdenum, nickel, 
titanium, tungsten, or vanadium;
    (2) Metal alloys consisting of nickel, iron-nickel, and cobalt base 
alloys containing a total of other alloying metals (except iron) in 
excess of ten percent;
    (3) Titanium and titanium alloys; or
    (4) Zirconium and zirconium base alloys.
    (b) The Contractor agrees that any specialty metals incorporated in 
articles delivered under this contract will be melted in the United 
States, its possessions, or Puerto Rico.
    (c) This clause does not apply to the extent that--
    (1) The Secretary or designee determines that a satisfactory quality 
and sufficient quantity of such articles cannot be acquired when needed 
at U.S. market prices;
    (2) The acquisition is for an end product of a country listed in 
subsection 225.872-1 of the Defense Federal Acquisition Regulation 
Supplement;
    (3) The acquisition is necessary to comply with agreements with 
foreign governments requiring the United States to purchase supplies 
from foreign sources to offset sales made by the U.S. Government or U.S. 
firms under approved programs; or
    (4) The specialty metal is contained in a commercial item or 
component purchased from subcontractors or suppliers.

                             (End of clause)

                         Alternate I (Dec. 1991)

    As prescribed in 225.7002-3(b), use the basic clause with the 
following paragraph (d):
    (d) The Contractor agrees to include this clause, including this 
paragraph (d), in every subcontract or purchase order unless the item 
being purchased contains no specialty metals.

[56 FR 36479, July 31, 1991, as amended at 60 FR 61602, Nov. 30, 1995; 
61 FR 50455, Sept. 26, 1996]



Sec. 252.225-7015  Preference for domestic hand or measuring tools.

    As prescribed in 225.7002-3(c), use the following clause:

       Preference for Domestic Hand or Measuring Tools (Dec. 1991)

    The Contractor agrees to deliver under this contract only hand or 
measuring tools produced in the United States or its possessions.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 59 FR 27675, May 27, 1994; 61 
FR 50455, Sept. 26, 1996]



Sec. 252.225-7016  Restriction on acquisition of ball and roller bearings.

    As prescribed in 225.7019-4, use the following clause:

    Restriction on Acquisition of Ball and Roller Bearings (SEP 1996)

    (a) Definitions.
    As used in this clause--
    (1) ``Bearing components'' means the bearing element, retainer, 
inner race, or outer race.

[[Page 59]]

    (2) ``Miniature and instrument ball bearings'' means all rolling 
contact ball bearings with a basic outside diameter (exclusive of flange 
diameters) of 30 millimeters or less, regardless of material, tolerance, 
performance, or quality characteristics.
    (b) The Contractor agrees that all ball and roller bearings and ball 
and roller bearing components (including miniature and instrument ball 
bearings) delivered under this contract, either as end items or 
components of end items, shall be wholly manufactured in the United 
States or Canada. Unless otherwise specified, raw materials, such as 
preformed bar, tube, or rod stock and lubricants, need not be mined or 
produced in the United States or Canada.
    (c) The restriction in paragraph (b) of this clause does not apply 
to the extent that the end items or components containing ball or roller 
bearings are commercial items. The commercial item exception does not 
include items designed or developed under a Government contract or 
contracts where the end item is bearings and bearing components.
    (d) The restriction in paragraph (b) of this clause may be waived 
upon request from the Contractor in accordance with subsection 225.7019-
3 of the Defense Federal Acquisition Regulation Supplement. If the 
restriction is waived for miniature and instrument ball bearings, the 
Contractor agrees to acquire a like quantity and type of domestic 
manufacture for nongovernmental use.
    (e) The Contractor agrees to retain records showing compliance with 
this restriction until 3 years after final payment and to make records 
available upon request of the Contracting Office.
    (f) The Contractor agrees to insert this clause, including this 
paragraph (f), in every subcontract and purchase order issued in 
performance of this contract, unless items acquired are--
    (1) Commercial items other than ball or roller bearings; or
    (2) Items that do not contain ball or roller bearings.

                             (End of clause)

[61 FR 50455, Sept. 26, 1996]



Sec. 252.225-7017  Preference for United States and Canadian valves and machine tools.

    As prescribed in 225.7004-6(a), use the following clause:

Preference for United States and Canadian Valves and Machine Tools (Apr. 
                                  1995)

    (a) For the purpose of this clause, a valve, machine tool, or 
machine tool accessory is considered to be of United States or Canadian 
origin if--
    (1) It is manufactured in the United States or Canada; and
    (2) The cost of its components manufactured in the United States or 
Canada exceeds 50 percent of the cost of all its components. The cost of 
components includes transportation costs to the place of incorporation 
into the end item and duty (whether or not a duty-free entry certificate 
may be issued).
    (b) Unless otherwise specified in its offer, the Contractor agrees 
that valves used in piping for naval surface ships and submarines within 
Federal supply classifications 4810 (valves, powered) and 4820 (valves, 
non-powered), machine tools within the Federal supply classifications 
for metalworking machinery numbered 3405, 3408, 3410 through 3419, 3426, 
3433, 3438, 3441 through 3443, 3445, 3446, 3448 and 3449, and machine 
tool accessories numbered 3460 and 3461 delivered as end items or 
purchased indirectly on behalf of the Government under this contract 
shall be of United States or Canadian origin.
    (c) Unless an exception applies or a waiver is granted under 
225.7004-4(a) of the Defense Federal Acquisition Regulation Supplement, 
preference will be given to valves and machine tools of United States or 
Canadian origin by adding 50 percent to the offered price of all other 
valves and machine tools for evaluation purposes.

                             (End of clause)

[57 FR 14996, Apr. 23, 1992, as amended at 60 FR 19534, Apr. 19, 1995]



Sec. 252.225-7018  Notice of prohibition of certain contracts with foreign entities for the conduct of Ballistic Missile Defense RDT&E.

    As prescribed in 225.7011-5, use the following provision:

Notice of Prohibition of Certain Contracts With Foreign Entities for the 
          Conduct of Ballistic Missile Defense RDT&E (May 1994)

    (a) Definitions.
    (1) Competent means the ability of an offeror to satisfy the 
requirements of the solicitation. This determination is based on a 
comprehensive assessment of each offeror's proposal including 
consideration of the specific areas of evaluation criteria in the 
relative order of importance described in the solicitation.
    (2) Foreign firm means a business entity owned or controlled by one 
or more foreign nationals or a business entity in which more than 50 
percent of the stock is owned or controlled by one or more foreign 
nationals.

[[Page 60]]

    (3) U.S. firm means a business entity other than a foreign firm.
    (b) This provision implements section 222 of the Defense 
Authorization Act for FYs 1988 and 1989 (Pub. L. 100-180) prohibiting 
the award of certain contracts, for the conduct of Ballistic Missile 
Defense (BMD) Program research, development, test, or evaluation 
(RDT&E), to foreign governments or firms.
    (c) Except as provided in paragraph (d) of this provision, any funds 
appropriated to, or for the use of, the DoD, may not be used to enter 
into or carry out any contract, including any contract awarded as a 
result of a broad agency announcement (BAA), with a foreign government 
or firm if the contract provides for the conduct of RDT&E in connection 
with the BMD. Foreign governments and firms, however, are encouraged to 
submit offers since this provision is not intended to restrict BMD 
access to unique foreign expertise when contract performance requires a 
level of competency unavailable in the United States.
    (d) The prohibition does not apply to a foreign government or firm 
if--
    (1) The contract will be performed within the United States;
    (2) The contract is exclusively for RDT&E in connection with 
antitactical ballistic missile systems;
    (3) The foreign government or firm agrees to share a substantial 
portion of the total contract cost. The foreign share is considered 
substantial where it is equitable with respect to the relative benefits 
to be derived from the contract by the United States and the foreign 
parties. For example, if the contract is more beneficial to the foreign 
party, its share of the costs should be correspondingly higher; or
    (4) The U.S. Government determines that the contract cannot be 
competently performed by a U.S. firm at a price equal to or less than 
the price at which the RDT&E can be performed by a foreign government or 
firm.
    (e) The Offeror hereby certifies that (________) it is (________) is 
not a U.S. firm.

                           (End of provision)

[56 FR 36479, July 31, 1991, as amended at 59 FR 27675, May 27, 1994]



Sec. 252.225-7019  Restriction on acquisition of foreign anchor and mooring chain.

    As prescribed in 225.7012-3, use the following clause:

  Restriction on Acquisition of Foreign Anchor and Mooring Chain (Dec. 
                                  1991)

    (a) Welded shipboard anchor and mooring chain, four inches in 
diameter and under, delivered under this contract--
    (1) Shall be manufactured in the United States, including cutting, 
heat treating, quality control, testing, and welding (both forging and 
shot blasting process); and
    (2) The cost of the components manufactured in the United States 
shall exceed 50 percent of the total cost of components.
    (b) The Contractor may request a waiver of this restriction if 
adequate domestic supplies meeting the above requirements are not 
available to meet the contract delivery schedule.
    (c) The Contractor shall include this clause, including this 
paragraph (c), in all subcontracts, unless the items acquired contain 
none of the restricted welded shipboard anchor and mooring chain.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 61 FR 13108, Mar. 26, 1996]
252.225-7020--252.225-7021  [Reserved]



Sec. 252.225-7022  Restriction on acquisition of polyacrylonitrile (PAN) based carbon fiber.

    As prescribed in 225.7013-2, use the following clause:

Restriction on Acquisition of Polyacrylonitrile (PAN) Based Carbon Fiber 
                               (Dec. 1991)

    (a) This clause applies only if the end product furnished under this 
contract contains polyacrylonitrile carbon fibers (alternatively 
referred to as PAN-based fibers or PAN-based graphite fibers).
    (b) PAN carbon fibers contained in the end product shall be 
manufactured in the United States or Canada using PAN precursor produced 
in the United States or Canada.
    (c) The Contracting Officer may waive the requirement in paragraph 
(b) in whole or in part. The Contractor may request a waiver from the 
Contracting Officer by identifying the circumstances and including a 
plan to qualify domestic or Canadian sources expeditiously.


[[Page 61]]



                             (End of clause)

252.225-7023  [Reserved]



Sec. 252.225-7024  Restriction on acquisition of night vision image intensifier tubes and devices.

    As prescribed in 225.7015-3, use the following clause:

 Restriction on Acquisition of Night Vision Image Intensifier Tubes and 
                           Devices (Dec. 1991)

    All second and third generation night vision image intensifier tubes 
and devices provided under this contract shall be manufactured in the 
United States or Canada.

                             (End of clause)



Sec. 252.225-7025  Foreign source restrictions.

    As prescribed in 225.7105, use the following clause:

                 Foreign Source Restrictions (SEP 1996)

    (a) Definitions.
    As used in this clause--
    (1) Domestic manufacture means manufactured in the United States or 
Canada if the Canadian firm--
    (i) Normally produces similar items or is currently producing the 
item in support of DoD contracts (as prime or subcontractor); and
    (ii) Agrees to become (upon receiving a contract/order) a planned 
producer under DoD's Industrial Preparedness Program (IPP), if it is not 
already a planned producer for the item.
    (2) Forging items means--

------------------------------------------------------------------------
                   Items                             Categories         
------------------------------------------------------------------------
Ship propulsion shafts....................  Excludes service and landing
                                             craft shafts.              
Periscope tubes...........................  All.                        
Ring forgings for bull gears..............  All greater than 120 inches 
                                             in diameter.               
------------------------------------------------------------------------

    (b) The Contractor agrees that end items and their components 
delivered under this contract shall contain forging items that are of 
domestic manufacture only.
    (c) The restriction in paragraph (b) of this clause may be waived 
upon request from the Contractor in accordance with section 225.7104 of 
the Defense Federal Acquisition Regulation Supplement.
    (d) The Contractor agrees to retain records showing compliance with 
this restriction until 3 years after final payment and to make records 
available upon request of the Contracting Officer.
    (e) The Contractor agrees to insert this clause, including this 
paragraph (e), in subcontracts and purchase orders issued in performance 
of this contract, when products purchased contain restricted forging 
items.

                             (End of clause)

[61 FR 50456, Sept. 26, 1996]



Sec. 252.225-7026   Reporting of contract performance outside the United States.

    As prescribed in 225.7203, use the following clause:

 Reporting of Contract Performance Outside the United States (NOV 1995)

    (a) Reporting criteria. Reporting under this clause is required 
for--
    (1) Offers exceeding $10 million, if the Offeror is aware at the 
time the offer is submitted that it or its first-tier subcontractor 
intends to perform any part of the contract that exceeds $500,000 
outside the United States and Canada, if that part could be performed 
inside the United States or Canada;
    (2) Contracts exceeding $10 million, when any part that exceeds 
$500,000 could be performed inside the United States or Canada, but will 
be performed outside the United States and Canada. If the information 
was submitted with the offer, it need not be resubmitted unless it 
changes; and
    (3) Contracts exceeding $500,000, when any part that exceeds $25,000 
will be performed outside the United States, unless a foreign place of 
performance is--
    (i) The principal place of performance; and
    (ii) Indicated by the Offeror's entry in the Place of Performance 
provision of the solicitation.
    (b) Submission of reports. (1) The Offeror shall submit reports 
required by paragraph (a)(1) of this clause with its offer.
    (2) The Contractor shall submit reports required by paragraph (a)(2) 
of this clause to the Contracting Officer as soon as the information is 
known, with a copy to the addressee in paragraph (b)(3) of this clause. 
With respect to performance by a first-tier subcontractor, this 
information shall be reported, to the maximum extent practicable, at 
least 30 days before award of the subcontract.
    (3) The Contractor shall submit reports required by paragraph (a)(3) 
of this clause within 10 days of the end of each Government quarter to--
Deputy Director of Defense Procurement (Foreign Contracting) 
OUSD(A&T)DP(FC) Washington, DC 20301-3060
    (4) The Offeror/Contractor shall submit reports on DD Form 2139, 
Report of Contract Performance Outside the United States. Computer-
generated reports are acceptable, provided the report contains all 
information

[[Page 62]]

required by DD Form 2139. Copies of DD Form 2139 may be obtained from 
the Contracting Officer.
    (c) Flowdown requirements. (1) The Contractor shall include a clause 
substantially the same as this one in all first-tier subcontracts 
exceeding $100,000, except subcontracts for commercial items, 
construction, ores, natural gases, utilities, petroleum products and 
crudes, timber (logs), or subsistence.
    (2) The Contractor shall provide the prime contract number to 
subcontractors for reporting purposes.
    (d) Information required. Information to be reported on the part of 
this contract performed outside the United States (or outside the United 
States and Canada for reports required by paragraphs (a)(1) and (a)(2) 
of this clause) includes that for--
    (i) Subcontracts;
    (ii) Purchases; and
    (iii) Intracompany transfers when transfers originate in a foreign 
location.

                             (End of clause)

[58 FR 28474, May 13, 1993, as amended at 60 FR 29502, June 5, 1995; 60 
FR 61602, Nov. 30, 1995]



Sec. 252.225-7027  Limitation on sales commissions and fees.

    As prescribed in 225.7308(a), use the following clause:

          Limitation on Sales Commissions and Fees (Dec. 1991)

    Unless the sales commission and fee have been identified and payment 
approved in writing by the Government of ____________ before contract 
award, the following provisions, as appropriate, shall apply--
    (a) For firm-fixed-price contracts or fixed-price contracts with 
economic price adjustment, the Contractor certifies that the contract 
price (including any subcontracts) does not include any direct or 
indirect cost of sales commissions or fees for contractor sales 
representatives for solicitation or promotion or otherwise to secure the 
conclusion of the sale of any of the supplies or services called for by 
this contract to the Government of ____________.
    (b) For all other types of contracts, notwithstanding any other 
provision of this contract, any direct or indirect cost of sales 
commissions or fees for Contractor (or subcontractor) sales 
representatives for solicitation or promotion or otherwise to secure the 
conclusion of the sale of any of the supplies or services called for by 
this contract to the Government of ____________ are an unallowable item 
of cost under this contract.

                             (End of clause)



Sec. 252.225-7028  Exclusionary policies and practices of foreign governments.

    As prescribed in 225.7308(b), use the following clause:

 Exclusionary Policies and Practices of Foreign Governments (Dec. 1991)

    No person, partnership, corporation, or other entity performing 
functions pursuant to this contract, shall, in employing or assigning 
personnel to participate in the performance of any such function, 
whether in the United States or abroad, take into account the 
exclusionary policies or practices of any foreign government where such 
policies or practices are based on race, religion, national origin, or 
sex.

                             (End of clause)



Sec. 252.225-7029  Preference for United States or Canadian air circuit breakers.

    As prescribed in 225.7016-4, use the following clause:

  Preference for United States or Canadian Air Circuit Breakers (Apr. 
                                  1995)

    (a) Unless otherwise specified in its offer, the Contractor agrees 
that air circuit breakers for naval vessels provided under this contract 
shall be manufactured in the United States or Canada.
    (b) Unless an exception applies or a waiver is granted under 
225.7016-3(a) of the Defense Federal Acquisition Regulation Supplement, 
preference will be given to air circuit breakers manufactured in the 
United States or Canada by adding 50 percent to the offered price of all 
other air circuit breakers for evaluation purposes.

                             (End of clause)

[60 FR 19534, Apr. 19, 1995]



Sec. 252.225-7030  Restriction on acquisition of carbon, alloy, and armor steel plate.

    As prescribed in 225.7017-4, use the following clause:

Restriction on Acquisition of Carbon, Alloy, and Armor Steel Plate (Oct. 
                                  1992)

    The Contractor agrees that all carbon, alloy, and armor steel plate 
in Federal supply class 9515, or described by American Society for 
Testing Materials (ASTM) or American Iron and Steel Institute (AISI) 
specifications, furnished as a deliverable under

[[Page 63]]

this contract, or purchased by the contractor as a raw material, for use 
in a Government-owned facility or a facility under the control of the 
Department of Defense, shall be melted and rolled in the United States 
or Canada.

                             (End of clause)

[57 FR 53601, Nov. 12, 1992]



Sec. 252.225-7031  Secondary Arab boycott of Israel.

    As prescribed in 225.770-5, use the following clause:

              Secondary Arab Boycott of Israel (Jun. 1992)

    (a) Definitions.
    As used in this clause--
    Foreign person means any person other than a United States person as 
defined in section 16(2) of the Export Administration Act of 1979 (50 
U.S.C. App. Sec 2415).
    United States person is defined in section 16(2) of the Export 
Administration Act of 1979 and means any United States resident or 
national (other than an individual resident outside the United States 
and employed by other than a United States person), any domestic concern 
(including any permanent domestic establishment of any foreign concern), 
and any foreign subsidiary or affiliate (including any permanent foreign 
establishment) of any domestic concern which is controlled in fact by 
such domestic concern, as determined under regulations of the President.
    (b) Certification. By submitting this offer, the Offeror, if a 
foreign person, company or entity, certifies that it--
    (1) Does not comply with the Secondary Arab Boycott of Israel; and
    (2) Is not taking or knowingly agreeing to take any action, with 
respect to the Secondary Boycott of Israel by Arab countries, which 50 
U.S.C. App. Sec. 2407(a) prohibits a United States person from taking.

                             (End of clause)

[57 FR 29041, June 30, 1992, as amended at 59 FR 27675, May 27, 1994]



Sec. 252.225-7032  Waiver of United Kingdom levies.

    As prescribed in 225.873-3, use the following clause:

               Waiver of United Kingdom Levies (Oct. 1992)

    (a) Offered prices for contracts and subcontracts with United 
Kingdom (U.K.) firms may contain commercial exploitation levies assessed 
by the Government of the U.K. The Offeror shall identify to the 
Contracting Officer all levies included in the offered price by 
describing--
    (1) The name of the U.K. firm;
    (2) The item to which the levy applies and quantity; and
    (3) The amount of levy plus any associated indirect costs and profit 
or fee.
    (b) If, after award of the prime contract, the Contractor 
contemplates award of a subcontract over $1 million to a U.K. firm, the 
Contractor shall identify any levy before award of the subcontract and 
shall provide the following information to the Contracting Officer--
    (1) Name of the U.K. firm;
    (2) Prime contract number;
    (3) Description of item to which levy applies:
    (4) Quantity being acquired; and
    (5) Amount of levy plus any associated indirect costs and profit or 
fee.
    (c) The Offeror/Contractor should obtain assistance in identifying 
the levy from the U.K. firm. In the event of difficulty, the Offeror/
Contractor may seek advice through Director of Procurement, United 
Kingdom Defence Procurement Office, British Embassy, 3100 Massachusetts 
Avenue, NW, Washington, DC 20006.
    (d) The U.S. Government may attempt to obtain a waiver of levies 
pursuant to the U.S./U.K. reciprocal waiver agreement of July 1987.
    (1) Where levies are waived before contract award, the offer will be 
evaluated without the levy.
    (2) Where levies are identified but not waived before contract 
award, the offer will be evaluated inclusive of the levies.
    (3) Where a waiver of the levy is obtained after award, the U.S. 
Government reserves the right to reduce the contract price by the amount 
of the levy waived plus associated indirect costs, profit or fee.
    (e) The Contractor agrees to insert the substance of this clause, 
including this paragraph (e), in any subcontract for supplies where a 
lower tier subcontract over $1 million with a U.K. firm is anticipated.

                             (End of clause)

[57 FR 53602, Nov. 12, 1992]



Sec. 252.225-7033  Restriction on acquisition of four ton dolly jacks.

    As prescribed in 225.7018-3, use the following clause:

     Restriction on Acquisition of Four Ton Dolly Jacks (Apr. 1993)

    Four ton dolly jacks delivered under this contract shall be 
manufactured in the United

[[Page 64]]

States unless a waiver is granted in accordance with subsection 
225.7018-2 of the Defense Federal Acquisition Regulation Supplement.

                             (End of clause)

[58 FR 28474, May 13, 1993]



Sec. Sec. 252.225-7034  Restriction on acquisition of coal and petroleum pitch carbon fiber.

    As prescribed in 225.7020-2, use the following clause:

Restriction on Acquisition of Coal and Petroleum Pitch Carbon Fiber (May 
                                  1994)

    (a) This clause applies only if the end product furnished under this 
contract contains coal and petroleum pitch carbon fibers.
    (b) Coal and petroleum pitch carbon fibers contained in the end 
product shall be manufactured in the United States or Canada using coal 
and petroleum pitch precursor produced in the United States or Canada.
    (c) The Contracting Officer may waive the requirement in paragraph 
(b) in whole or in part. The Contractor may request a waiver from the 
Contracting Officer by identifying the circumstances and including a 
plan to qualify U.S. or Canadian sources expeditiously.

                             (End of clause)

[59 FR 27675, May 27, 1994]



Sec. 252.225-7035  Buy American Act--North American Free Trade Agreement Implementation Act--Balance of Payments Program Certificate.

    As prescribed in 225.408(a)(3), use the following provision:

  Buy American Act--North American Free Trade Agreement Implementation 
         Act--Balance of Payments Program Certificate (May 1995)

    (a) Definitions.
    Domestic end product, qualifying country end product, and U.S. made 
end product have the meanings given in the North American Free Trade 
Agreement Implementation Act or Buy American Act and Balance of Payments 
Program clauses of this solicitation.
    (b) Evaluation. Offers will be evaluated by giving preference to 
U.S. made end products, qualifying country end products, or NAFTA 
country end products over other end products.
    (c) Certifications. (1) The Offeror certifies that--
    (i) Each end product, except the end products listed in paragraph 
(c)(2) of this provision, is a domestic end product (as defined in the 
Buy American Act and Balance of Payments Program clause of this 
solicitation); and
    (ii) Components of unknown origin are considered to have been mined, 
produced, or manufactured outside the United States or a qualifying 
country.
    (2) The Offeror must identify and certify all end products that are 
not domestic end products.
    (i) The Offeror certifies that the following supplies qualify as 
``U.S. made end products'' but do not meet the definition of ``domestic 
end product'': (insert line item number).
    (ii) The Offeror certifies that the following supplies are 
qualifying country (except Canada) end products:
    (iii) The Offeror certifies that the following supplies qualify as 
NAFTA country end products: (insert line item number (insert country of 
origin).
    (iv) The Offeror certifies that the following supplies are other 
non-NAFTA country end products: (insert line item number) (insert 
country of origin).

                           (End of provision)

[59 FR 1291, Jan. 10, 1994, as amended at 60 FR 29502, June 5, 1995]



Sec. 252.225-7036  North American Free Trade Agreement Implementation Act.

    As prescribed in 225.408(a)(4), use the following clause:

   North American Free Trade Agreement Implementation Act (Jan. 1994)

    (a) Definitions.
    (1) Components, domestic end product, end product, nonqualifying 
country, qualifying country, and qualifying country end product have the 
meanings given in the Buy American Act and Balance of Payments Program 
clause of this contract.
    (2) North American Free Trade Agreement (NAFTA) country means Canada 
or Mexico.
    (3) NAFTA country end product means an article that--
    (i) Is wholly the growth, product, or manufacture of a NAFTA 
country; or
    (ii) Has, in the case of an article which consists in whole or in 
part of materials from another country or instrumentality, been 
substantially transformed in a NAFTA country into a new and different 
article of commerce with a name, character, or use distinct from that of 
the article or articles from which it was so transformed. The term 
includes services (except transportation services) incidental to its 
supply, provided that the value of those incidental services

[[Page 65]]

does not exceed the value of the product itself. It does not include 
service contracts as such.
    (4) Non-NAFTA country end product means any end product which is not 
a U.S. made end product or a NAFTA country end product.
    (5) United States means the United States, its designated 
possessions, Puerto Rico, and any other place subject to its 
jurisdiction, but does not include leased bases or trust territories.
    (6) U.S. made end product means an article which is--
    (i) Wholly the growth, product or manufacture of the United States, 
or
    (ii) In the case of an article which consists in whole or in part of 
materials from another country or instrumentality, has been 
substantially transformed in the United States into a new and distinct 
article of commerce with a name, character, or use distinct from that of 
the article or articles from which it was so transformed.
    (b) This clause implements the North American Free Trade Agreement 
Implementation Act of 1993 by providing a preference for U.S. made end 
products and NAFTA country end products over non-NAFTA country end 
products, except non-NAFTA country end products which are qualifying 
country end products.
    (c) The Contractor agrees to deliver under this contract only U.S. 
made end products unless, in its offer, it specified delivery of 
qualifying country, NAFTA country, or non-NAFTA country end products in 
the Buy American Act--North American Free Trade Agreement Implementation 
Act--Balance of Payments Program Certificate provision. An offer 
certifying that a qualifying country end product or a NAFTA country end 
product will be supplied requires the Contractor to supply a qualifying 
country end product or a NAFTA country end product, whichever is 
certified, or, at the Contractor's option, a U.S. made end produce.
    (d) The offered price of end products listed and certified under 
paragraphs (c)(2)(i) and (iv) of the Buy American Act--North American 
Free Trade Agreement Implementation Act-Balance of Payments Program 
Certificate provision of the solicitation must include all applicable 
duty. The offered price of qualifying country end products or NAFTA 
country end products for line items subject to the North American Free 
Trade Agreement Implementation Act, should not include custom fees or 
duty.

                         Alternate I (May 1995)

    As prescribed in 225.408(a)(4)(B)(ii), add the following paragraph 
(a)(7) to the basic clause, and substitute the following paragraph (c) 
in place of paragraph (c) of the basic clause:

    (a)(7) ``Canadian end product,'' means an article that--
    (i) Is wholly the growth, product, or manufacturer of Canada; or
    (ii) Has, in the case of an article which consists in whole or in 
part of materials from another country or instrumentality, been 
substantially transformed in Canada into a new and different article of 
commerce with a name, character, or use distinct from that of the 
article or articles from which it was transformed. The term includes 
services (except transportation services) incidental to its supply; 
provided, that the value of those incidental services does not exceed 
that of the product itself. It does not include service contracts as 
such.
    (c) The Contractor agrees to deliver under this contract only U.S. 
made end products unless, in its offer, it specified delivery of 
qualifying country, NAFTA country, or non-NAFTA country end products in 
the Buy American Act-North American Free Trade Agreement Implementation 
Act-Balance of Payments Program Certificate provision. An offer 
certifying that a qualifying country end product or a Canadian end 
product will be supplied requires the Contractor to supply a qualifying 
country end product or a Canadian end product, whichever is certified, 
or, at the Contractor's option, a U.S. made end product.

                             (End of clause)

[59 FR 1291, Jan. 10, 1994, as amended at 60 FR 29502, June 5, 1995]



Sec. 252.225-7037  Duty-free entry--NAFTA country end products and supplies.

    As prescribed in 225.605-70(c), use the following clause:

  Duty-Free Entry--NAFTA Country End Products and Supplies (Jan. 1994)

    (a) Definitions.
    NAFTA country and NAFTA country end products have the meaning given 
in the North American Free Trade Agreement Implementation Act clause of 
this contract.
    (b) The requirements of this clause apply to this contract and 
subcontracts, including purchase orders, that involve supplies to be 
accorded duty-free entry whether--
    (1) Placed directly with a foreign concern as a prime contract; or
    (2) As a subcontract or purchase order under a contract placed with 
a domestic concern.
    (c) Except as otherwise approved by the Contracting Officer, no 
amount is or will be included in the contract price for duty for NAFTA 
country end products.
    (d) The Contractor warrants that--

[[Page 66]]

    (1) All NAFTA country supplies, for which duty-free entry is to be 
claimed, are intended to be delivered to the Government; and
    (2) The Contractor will pay duty to the extent that such supplies, 
or any portion thereof (if not scrap or salvage) are diverted to 
nongovernmental use, other than as a result of a competitive sale made, 
directed, or authorized by the Contracting Officer.
    (e) The Government agrees to execute duty-free entry certificates 
and to afford such assistance as appropriate to obtain the duty-free 
entry of NAFTA country supplies for which the shipping documents bear 
the notation specified in paragraph (f) of this clause, except as the 
Contractor may otherwise agree.
    (f) All shipping documents submitted to Customs, covering foreign 
end products or supplies for which duty-free entry certificates are to 
be issued under this clause, shall--
    (1) Consign the shipments to the appropriate--
    (i) Military department in care of the Contractor, including the 
Contractor's delivery address; or
    (ii) Military installation; and
    (2) Include the following information--
    (i) Prime contract number, and delivery order if applicable;
    (ii) Number of the subcontract/purchase order for foreign supplies 
if applicable;
    (iii) Identification of carrier;
    (iv) The notation: United States Government, Department of Defense 
Duty-Free Entry to be claimed pursuant to Section XXII, Chapter 98, 
Subchapter VIII, Item 9808.00.30 of the Harmonized Tariff Schedule of 
the United States. Upon arrival of shipment at the appropriate port of 
entry, District Director of Customs, please release shipment under 19 
CFR part 142, and notify Commander, Defense Contract Management Area 
Operations (DCMAO) New York, ATTN: Customs Team, DCMDN-GNIC, 207 New 
York Avenue, Staten Island, New York 10305-5013, for execution of 
Customs Forms 7501, 7501A, or 7506 and any required duty-free entry 
certificates. (Note: This notation shall be used only for direct 
shipments to a U.S. military installation. In cases where the shipment 
will be consigned to other than a military installation, e.g., a 
domestic contractor's plant, the shipping document notation shall be 
altered to insert the name and address of the contractor, agent or 
broker who will notify Commander, DCMAO, NY, for execution of the duty-
free certificate.)
    (v) Gross weight in pounds (if freight is based on space tonnage, 
state cubic feet in addition to gross shipping weight);
    (vi) Estimated value in U.S. dollars; and
    (vii) Activity Address Number of the contract administration office 
actually administering the prime contract, e.g., for DCMAO Dayton, 
DLA8DP.
    (g) Prepartion of customs forms.
    (1) Except for shipments consigned to a military installation, the 
contractor shall prepare, or authorize an agent to prepare, any customs 
forms required for the entry of foreign supplies in connection with DoD 
contracts into the United States, its possessions, or Puerto Rico, 
Submit the completed customs forms to the District Director of Customs 
with a copy to DCMAO NY for execution of any required duty-free entry 
certificates. Shipments consigned directly to a military installation 
will be released in accordance with 10.101 and 10.102 of the U.S. 
Customs regulations.
    (2) For shipments containing both supplies which are to be accorded 
duty-free entry and supplies which are not, the Contractor shall 
identify on the customs forms those items that are eligible for duty-
free entry.
    (h) The Contractor agrees--
    (1) To prepare (if this contract is placed directly with a foreign 
supplier), or to instruct the foreign supplier to prepare, a sufficient 
number of copies of the bill of lading (or other shipping document) so 
that at least two of the copies accompanying the shipment will be 
available for use by the District Director of Customs at the port of 
entry:
    (2) To consign the shipment as specified in paragraph (f) of this 
clause; and
    (3) To mark the exterior of all packages as follows:
    (i) ``United States Government, Department of Defense;'' and
    (ii) The activity address number of the contract administration 
office actually administering the prime contract.
    (i) The Contractor agrees to notify the Contracting Officer 
administering the prime contract in writing of any purchase under the 
contract of NAFTA country supplies to be accorded duty-free entry that 
are to be imported into the United States for delivery to the Government 
or for incorporation in end items to be delivered to the Government. The 
notice shall be furnished to the contract administration office 
immediately upon award to the qualifying country supplier. The notice 
shall contain--
    (1) Prime contractor's name, address, and CAGE code;
    (2) Prime contract number, and delivery order number if applicable;
    (3) Total dollar value of the prime contract or delivery order;
    (4) Expiration date of the prime contract or delivery order;
    (5) Foreign supplier's name and address;
    (6) Number of the subcontract/purchase order for NAFTA supplies;
    (7) Total dollar value of the subcontract for NAFTA supplies;
    (8) Expiration date of the subcontract for NAFTA supplies;
    (9) List of items purchased; and

[[Page 67]]

    (10) Certification by the purchaser of NAFTA supplies as follows: I 
certify that all supplies for which duty-free entry is to be claimed are 
intended to be delivered to the Government or incorporated in the end 
items to be delivered under this contract, and that duty shall be paid 
by the Contractor to the extent that such supplies, or any portion (if 
not scrap or salvage) are diverted to nongovernmental use other than as 
a result of a competitive sale made, directed or authorized by the 
Contracting Officer; and
    (11) The scheduled delivery date(s).
    (j) This clause does not apply to purchases of NAFTA country 
supplies in connection with this contract if--
    (1) The NAFTA country supplies are identical in nature to supplies 
purchased by the Contractor or any subcontractor in connection with its 
commercial business; and
    (2) It is not economical or feasible to account for such supplies so 
as to ensure that the amount of the supplies for which duty-free entry 
is claimed does not exceed the amount purchased in connection with this 
contract.
    (k) The Contractor agrees to insert the substance of this clause, 
including this paragraph (k) in all subcontracts for supplies. Each 
subcontract shall require the subcontractor to identify this contract by 
including its contract number on any shipping documents submitted to 
Customs covering supplies for which duty-free entry is to be claimed 
pursuant to this clause. The Contractor also agrees that the name and 
address of the Contracting Officer administering the prime contract 
(name and address of the contract administration office cognizant of the 
prime contract), and its activity address number (Appendix G of the 
Defense FAR Supplement), and the information required by paragraphs (i) 
(1), (2), and (3) of this clause will be included in applicable 
subcontracts.

                             (End of clause)

[59 FR 1292, Jan. 10, 1994; 59 FR 8041, Feb. 17, 1994, as amended at 60 
FR 29503, June 5, 1995]



Sec. 252.225-7038  Restriction on acquisition of aircraft fuel cells.

    As prescribed in 225.7021-3, use the following clause:

      Restriction on Acquisition of Aircraft Fuel Cells (Feb. 1994)

    The Contractor agrees that all aircraft fuel cells furnished under 
this contract have been manufactured in the United States by a domestic-
operated entity.

                             (End of clause)

[59 FR 11729, Mar. 14, 1994; 59 FR 38931, Aug. 1, 1994]



Sec. 252.225-7039  Restriction on Acquisition of totally enclosed lifeboat survival systems.

    As prescribed in 225.7022-4, use the following clause:

Restriction on Acquisition of Totally Enclosed Lifeboat Survival Systems 
                               (APR 1996)

    For totally enclosed lifeboat survival systems furnished under this 
contract, which consist of lifeboat and associated davits and winches, 
the Contractor agrees that--
    (a) 50 percent or more of the components have been manufactured in 
the United States, and
    (b) 50 percent or more of the labor in the manufacture and assembly 
of the entire system has been performed in the United States.

                             (End of clause)

[59 FR 19146, Apr. 22, 1994, as amended at 61 FR 13108, Mar. 26, 1996]



Sec. 252.225-7040  Machine tool list.

    As prescribed in 225.7004-6(c), use the following provision:

                      Machine Tool List (May 1995)

    The Government has identified those items listed as machine tool 
accessories which are not listed in the schedule as separate line items. 
The Offeror must also list any accessories to be provided which are not 
specifically required by the specifications. Where the machine tool 
accessory is not of U.S. or Canadian origin, as defined in the 
Preference for United States and Canadian Valves and Machine Tools 
clause of this solicitation, indicate the country in which the accessory 
was manufactured and the cost of the accessory.

------------------------------------------------------------------------
                                         Country of                     
  Line Item No.       Accessory          manufacture           Cost     
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------



[[Page 68]]

                           (End of provision)

[60 FR 29503, June 5, 1995, as amended at 60 FR 61602, Nov. 30, 1995]



Sec. 252.226-7000  Notice of historically black college or university and minority institution set-aside.

    As prescribed in 226.7008(a), use the following clause:

    Notice of Historically Black College or University and Minority 
                    Institution Set-Aside (Apr. 1994)

    (a) Definitions. Historically black colleges and universities, as 
used in this clause, means institutions determined by the Secretary of 
Education to meet the requirements of 34 CFR 608.2. The term also means 
any nonprofit research institution that was an integral part of such a 
college or university before November 14, 1986.
    Minority institutions, as used in this clause, means institutions 
meeting the requirements of section 1046(3) of the Higher Education Act 
of 1965 (20 U.S.C. 1135d-5(3)). The term also includes Hispanic-serving 
institutions as defined in section 316(b)(1) of such Act (20 U.S.C. 
1059c(b)(1)).
    (b) General. (1) Offers are solicited only from historically black 
colleges or universities and minority institutions.
    (2) Any award resulting from this solicitation will be made only to 
an offeror which is a historically black college or university or a 
minority institution at the time of submission of its initial offer 
including price.
    (c) Agreements. The offeror will--
    (1) Perform at least 50 percent of the cost of contract performance 
incurred for personnel with its own employees; and
    (2) Upon request by the Contracting Officer, provide evidence prior 
to award that the Secretary of Education has determined the offeror to 
be a historically black college or university or minority institution.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 59 FR 22131, Apr. 29, 1994]



Sec. 252.226-7001  Historically black college or university and minority institution certification.

    As prescribed in 226.7008(b), use the following provision:

   Historically Black College or University and Minority Institution 
                        Certification (Apr. 1994)

    (a) Definitions. Historically black colleges and universities, as 
used in this provision, means institutions determined by the Secretary 
of Education to meet the requirements of 34 CFR 608.2. The term also 
means any nonprofit research institution that was an integral part of 
such a college or university before November 14, 1986.
    Minority institutions, as used in this provision, means institutions 
meeting the requirements of section 1046(3) of the Higher Education Act 
of 1965 (20 U.S.C. 1135d-5(3)). The term also includes Hispanic-serving 
institutions as defined in section 316(b)(1) of such Act (20 U.S.C. 
1059c(b)(1)).
    (b) Certification. The offeror certifies that it is--
    ________
    A historically black college or university.
    ________
    A minority institution.

                           (End of provision)

[56 FR 36479, July 31, 1991, as amended at 59 FR 22131, Apr. 29, 1994]



Sec. 252.227-7000  Non-estoppel.

    As prescribed at 227.7009-1, insert the following clause in patent 
releases, license agreements, and assignments:

                        Non-Estoppel (Oct. 1966)

    The Government reserves the right at any time to contest the 
enforceability, validity, scope of, or the title to any patent or patent 
application herein licensed without waiving or forfeiting any right 
under this contract.

                             (End of clause)



Sec. 252.227-7001  Release of past infringement.

    As prescribed at 227.7009-2(a), insert the following clause in 
patent releases, license agreements, and assignments:

                Release of Past Infringement (Aug. 1984)

    The Contractor hereby releases each and every claim and demand which 
he now has or may hereafter have against the Government for the 
manufacture or use by or for the Government prior to the effective date 
of this contract, of any inventions covered by (i) any of the patents 
and applications for patent identified in this contract, and (ii) any 
other patent or application for patent owned or hereafter acquired by 
him, insofar as and only to the extent that such other patent or patent 
application covers the manufacture, use, or disposition of (description 
of subject matter).*

    *Bracketed portions of the clause may be omitted when not 
appropriate or not encompassed by the release as negotiated.


[[Page 69]]


---------------------------------------------------------------------------

                             (End of clause)



Sec. 252.227-7002  Readjustment of payments.

    As prescribed at 227.7009-2(b), insert the following clause in 
patent releases, license agreements, and assignments:

                  Readjustment of Payments (Oct. 1966)

    (a) If any license, under substantially the same patents and 
authorizing substantially the same acts which are authorized under this 
contract, has been or shall hereafter be granted within the United 
States, on royalty terms which are more favorable to the licensee than 
those contained herein, the Government shall be entitled to the benefit 
of such more favorable terms with respect to all royalties accruing 
under this contract after the date such more favorable terms become 
effective, and the Contractor shall promptly notify the Secretary in 
writing of the granting of such more favorable terms.
    (b) In the event any claim of any patent hereby licensed is 
construed or held invalid by decision of a court of competent 
jurisdiction, the requirement to pay royalties under this contract 
insofar as its arises solely by reason of such claim, and any other 
claim not materially different therefrom, shall be interpreted in 
conformity with the court's decision as to the scope of validity of such 
claims; Provided, however, that in the event such decision is modified 
or reversed on appeal, the requirement to pay royalties under this 
contract shall be interpreted in conformity with the final decision 
rendered on such appeal.

                             (End of clause)



Sec. 252.227-7003  Termination.

    As prescribed at 227.7009-2(c), insert the following clause in 
patent releases, license agreements, and assignments:

                         Termination (Aug. 1984)

    Notwithstanding any other provision of this contract, the Government 
shall have the right to terminate the within license, in whole or in 
part, by giving the Contractor not less than thirty (30) days notice in 
writing of the date such termination is to be effective; provided, 
however, that such termination shall not affect the obligation of the 
Government to pay royalties which have accrued prior to the effective 
date of such termination.

                             (End of clause)



Sec. 252.227-7004  License grant.

    As prescribed at 227.7009-3(a), insert the following clause in 
patent releases, license agreements, and assignments:

                        License Grant (Aug. 1984)

    (a) The Contractor hereby grants to the Government an irrevocable, 
nonexclusive, nontransferable, and paid up license under the following 
patents, applications for patent, and any patents granted on such 
applications, and under any patents which may issue as the result of any 
reissue, division or continuation thereof, to practice by or cause to be 
practiced for the Government throughout the world, any and all of the 
inventions thereunder, in the manufacture and use of any article or 
material, in the use of any method or process, and in the disposition of 
any article or material in accordance with law:
U.S. Patent No._________________________________________________________
Date____________________________________________________________________
Application Serial No.__________________________________________________
Filing Date_____________________________________________________________

together with corresponding foreign patents and foreign applications for 
patents, insofar as the Contractor has the right to grant licenses 
thereunder without incurring an obligation to pay royalties or other 
compensation to others solely on account of such grant.
    (b) No rights are granted or implied by the agreement under any 
other patents other than as provided above or by operation of law.
    (c) Nothing contained herein shall limit any rights which the 
Government may have obtained by virtue of prior contracts or by 
operation of law or otherwise.

                             (End of clause)



Sec. 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)

                         Alternate I (Aug. 1984)

    The license hereby granted shall remain in full force and effect for 
the full term of each of the patents referred to in the ``License 
Grant'' clause of this contract and any and all patents hereafter issued 
on applications for patent referred to in such ``License Grant'' clause.

[[Page 70]]

                        Alternate II (Aug. 1984)

    The license hereby granted shall terminate on the ________day of 
________ 19________; Provided, however, that said termination shall be 
without prejudice to the completion of any contract entered into by the 
Government prior to said date of termination or to the use or 
disposition thereafter of any articles or materials manufactured by or 
for the Government under this license.



Sec. 252.227-7006  License grant--running royalty.

    As prescribed at 227.7009-4(a), insert the following clause in 
patent releases, license agreements, and assignments:

               License Grant--Running Royalty (Aug. 1984)

    (a) The Contractor hereby grants to the Government, as represented 
by the Secretary of __________, an irrevocable, nonexclusive, 
nontransferable license under the following patents, applications for 
patent, and any patents granted on such applications, and under any 
patents which may issue as the result of any reissue, division, or 
continuation thereunder to practice by or cause to be practiced for the 
Department of ________, throughout the world, any and all of the 
inventions thereunder in the manufacture and use of any article or 
material, in the use of any method or process, and in the disposition of 
any article or material in accordance with law:
U.S. Patent No._________________________________________________________
Date____________________________________________________________________
Application Serial No.__________________________________________________
Filing Date_____________________________________________________________

together with corresponding foreign patents and foreign applications for 
patent, insofar as the Contractor has the right to grant licenses 
thereunder without incurring an obligation to pay royalties or other 
compensation to others solely on account of such grant.
    (b) No rights are granted or implied by the agreement under any 
other patents other than as provided above or by operation of law.
    (c) Nothing contained herein shall limit any rights which the 
Government may have obtained by virtue of prior contracts or by 
operation of law or otherwise.

                             (End of clause)



Sec. 252.227-7007  License term--running royalty.

    As prescribed at 227.7009-4(b), insert the following clause in 
patent releases, license agreements, and assignments:

                License Term--Running Royalty (Aug. 1984)

    The license hereby granted shall remain in full force and effect for 
the full term of each of the patents referred to in the ``License 
Grant'' clause of this contract and any and all patents hereafter issued 
on applications for patent referred to above unless sooner terminated as 
elsewhere herein provided.

                             (End of clause)



Sec. 252.227-7008  Computation of royalties.

    As prescribed at 227.7009-4(c), insert the following clause in 
patent releases, license agreements, and assignments:

                  Computation of Royalties (Aug. 1984)

    Subject to the conditions hereinafter stated, royalties shall accrue 
to the Contractor under this agreement on all articles or materials 
embodying, or manufactured by the use of, any or all inventions claimed 
under any unexpired United States patent licensed herein, upon 
acceptance thereof by the Department of ____________, at the rate of 
________ percent of the net selling price of such articles or materials 
(amount) per (name of item) * whether manufactured by the Government or 
procured under a fixed price contract, and at the rate of (amount) per 
(name of item) acquired or manufactured by a Contractor performing under 
a cost-reimbursement contract. With respect to such articles or 
materials made by the Department of ____________, ``net selling price,'' 
as used in this paragraph, means the actual cost of direct labor and 
materials without allowance for overhead and supervision.

    * Use bracketed matter as appropriate.

                             (End of clause)



Sec. 252.227-7009  Reporting and payment of royalties.

    As prescribed at 227.7009-4(d), insert the following clause in 
patent releases, license agreements, and assignments:

             Reporting and Payment of Royalties (Aug. 1984)

    (a) The (procuring office) shall, on or before the sixtieth (60th) 
day next following the end of each yearly* period ending

[[Page 71]]

____________ during which royalties have accrued under this license, 
deliver to the Contractor, subject to military security regulations, a 
report in writing furnishing necessary information relative to royalties 
which have accrued under this contract.
---------------------------------------------------------------------------

    * The frequency, date, and length of reporting periods should be 
selected as appropriate to the particular circumstances of the contract.
---------------------------------------------------------------------------

    (b) Royalties which have accrued under this contract during the 
yearly* period ending ____________ shall be paid to the Contractor (if 
appropriations therefor are available or become available) within sixty 
(60) days next following the receipt of a voucher from the Contractor 
submitted in accordance with the report referred to in (a) of this 
clause; Provided, that the Government shall not be obligated to pay, in 
respect of any such yearly period, on account of the combined royalties 
accruing under this contract directly and under any separate licenses 
granted pursuant to the ``License to Other Government Agencies'' clause 
(if any) of this contract, an amount greater than ____________ dollars 
($____________), and if such combined royalties exceed the said maximum 
yearly obligation, each department or agency shall pay a pro rata share 
of the said maximum yearly obligation as determined by the proportion 
its accrued royalties bear to the combined total of accrued royalties.

                             (End of clause)



Sec. 252.227-7010  License to other Government agencies.

    As prescribed at 227.7009-4(e), insert the following clause in 
patent releases, license agreements, and assignments:

            License to Other Government Agencies (Aug. 1984)

    The Contractor hereby agrees to grant a separate license under the 
patents, applications for patents, and improvements referred to in the 
``License Grant'' clause of this contract, on the same terms and 
conditions as appear in this license contract, to any other department 
or agency of the Government at any time on receipt of a written request 
for such a license from such department or agency; Provided, however, 
that as to royalties which accrue under such separate licenses, reports 
and payments shall be made directly to the Contractor by each such other 
department or agency pursuant to the terms of such separate licenses. 
The Contractor shall notify the Licensee hereunder promptly upon receipt 
of any request for license hereunder.

                             (End of clause)



Sec. 252.227-7011  Assignments.

    As prescribed at 227.7010, insert the following clause in 
assignments.

                         Assignment (Aug. 1984)

    The Contractor hereby conveys to the Government, as represented by 
the Secretary of ____________, the entire right, title, and interest in 
and to the following patents (and applications for patent), in and to 
the inventions thereof, and in and to all claims and demands whatsoever 
for infringement thereof heretofore accrued, the same to be held and 
enjoyed by the Government through its duly appointed representatives to 
the full end of the term of said patents (and to the full end of the 
terms of all patents which may be granted upon said applications for 
patent, or upon any division, continuation-in-part or continuation 
thereof):

U.S. Patent No._________________________________________________________
Date____________________________________________________________________
Name of Inventor________________________________________________________
U.S. Application Serial No._____________________________________________
Filing Date_____________________________________________________________
Name of Inventor________________________________________________________

together with corresponding foreign patents and applications for patent 
insofar as the Contractor has the right to assign the same.

                             (End of clause)



Sec. 252.227-7012  Patent license and release contract.

    As prescribed at 227.7012, insert the following clause in patent 
releases, license agreements, and assignments:

    ____________(Contract No.)

             Patent License and Release Contract (Aug. 1984)

    THIS CONTRACT is effective as of the ____________ day of 
____________ 19____________, between the UNITED STATES OF AMERICA 
(hereinafter called the Government), and ____________ (hereinafter 
called the Contractor), (a corporation organized and existing under the 
laws of the State of ____________), (a partnership consisting of 
____________), (an individual trading as ____________), of the City of 
____________, in the State of ____________.
    Whereas, Contractor warrants that he has the right to grant the 
within license and release, and the Government desires to procure the 
same, and
    Whereas, this contract is authorized by law, including 10 U.S.C. 
2386.
    Now Therefore, in consideration of the grant, release and agreements 
hereinafter recited, the parties have agreed as follows:

Article 1. License Grant.*
---------------------------------------------------------------------------

    * If only a release is procured, delete this article; if an 
assignment is procured, use the clause at 252.227-7011.

---------------------------------------------------------------------------

[[Page 72]]

    (Insert the clause at 252.227-7004 for a paid up license, or the 
---------------------------------------------------------------------------
clause at 252.227-7006 for a license on a running royalty basis.)

Article 2. License Term.*
    (Insert the appropriate alternative clause at 252.227-7005 for a 
paid up license, or the clause at 252.227-7007 for a license on a 
running royalty basis.)

Article 3. Release of Past Infringement.
    (Insert the clause at 252.227-7001.)

Article 4. Non-Estoppel.
    (Insert the clause at 252.227-7000.)

Article 5. Payment.
    The Contractor shall be paid the sum of ________ Dollars 
($____________) in full compensation for the rights herein granted and 
agreed to be granted. (For a license on a running royalty basis, insert 
the clause at 252.227-7006 in accordance with the instructions therein, 
and also the clause as specified at 252.227-7002 and 252.227-7009 and 
252.227-7010.)

Article 6. Officials Not to Benefit.
    (Insert the clause at FAR 52.203-1.)

Article 7. Covenant Against Contingent Fees.
    (Insert the clause at FAR 52.203-5.)

Article 8. Assignment of Claims.
    (Insert the clause at FAR 52.232-23.)

Article 9. Gratuities.
    (Insert the clause at FAR 52.203-3.)

Article 10. Disputes.
    (Insert the clause at FAR 52.233-1.)

Article 11. Successors and Assignees.
    This Agreement shall be binding upon the Contractor, his 
successors** and assignees, but nothing contained in this Article shall 
authorize an assignment of any claim against the Government otherwise 
than as permitted by law.
---------------------------------------------------------------------------

    ** When the Contractor is an individual, change ``successors'' to 
``heirs''; if a partnership, modify appropriately.
---------------------------------------------------------------------------

    In Witness Whereof, the parties hereto have executed this contract.

                      THE UNITED STATES OF AMERICA

By______________________________________________________________________
Date____________________________________________________________________
(Signature and Title of Contractor)_____________________________________
By______________________________________________________________________
Date____________________________________________________________________

                             (End of clause)



Sec. 252.227-7013  Rights in technical data--Noncommercial items.

    As prescribed in 227.7103-6(a), use the following clause:

        Rights in Technical Data--Noncommercial Items (NOV 1995)

    (a) Definitions. As used in this clause:
    (1) Computer data base means a collection of data recorded in a form 
capable of being processed by a computer. The term does not include 
computer software.
    (2) Computer program means a set of instructions, rules, or routines 
recorded in a form that is capable of causing a computer to perform a 
specific operation or series of operations.
    (3) Computer software means computer programs, source code, source 
code listings, object code listings, design details, algorithms, 
processes, flow charts, formulae and related material that would enable 
the software to be reproduced, recreated, or recompiled. Computer 
software does not include computer data bases or computer software 
documentation.
    (4) Computer software documentation means owner's manuals, user's 
manuals, installation instructions, operating instructions, and other 
similar items, regardless of storage medium, that explain the 
capabilities of the computer software or provide instructions for using 
the software.
    (5) Detailed manufacturing or process data means technical data that 
describe the steps, sequences, and conditions of manufacturing, 
processing or assembly used by the manufacturer to produce an item or 
component or to perform a process.
    (6) Developed means that an item, component, or process exists and 
is workable. Thus, the item or component must have been constructed or 
the process practiced. Workability is generally established when the 
item, component, or process has been analyzed or tested sufficiently to 
demonstrate to reasonable people skilled in the applicable art that 
there is a high probability that it will operate as intended. Whether, 
how much, and what type of analysis or testing is required to establish 
workability depends on the nature of the item, component, or process, 
and the state of the art. To be considered ``developed,'' the item, 
component, or process need not be at the stage where it could be offered 
for sale or sold on the commercial market, nor must the item, component, 
or process be actually reduced to practice within the meaning of Title 
35 of the United States Code.
    (7) Developed exclusively at private expense means development was 
accomplished entirely with costs charged to indirect cost pools, costs 
not allocated to a government contract, or any combination thereof.
    (i) Private expense determinations should be made at the lowest 
practicable level.
    (ii) Under fixed-price contracts, when total costs are greater than 
the firm-fixed-price or ceiling price of the contract, the additional 
development costs necessary to complete development shall not be 
considered when determining whether development was at government, 
private, or mixed expense.

[[Page 73]]

    (8) Developed exclusively with government funds means development 
was not accomplished exclusively or partially at private expense.
    (9) Developed with mixed funding means development was accomplished 
partially with costs charged to indirect cost pools and/or costs not 
allocated to a government contract, and partially with costs charged 
directly to a government contract.
    (10) Form, fit, and function data means technical data that 
describes the required overall physical, functional, and performance 
characteristics (along with the qualification requirements, if 
applicable) of an item, component, or process to the extent necessary to 
permit identification of physically and functionally interchangeable 
items.
    (11) Government purpose means any activity in which the United 
States Government is a party, including cooperative agreements with 
international or multi-national defense organizations, or sales or 
transfers by the United States Government to foreign governments or 
international organizations. Government purposes include competitive 
procurement, but do not include the rights to use, modify, reproduce, 
release, perform, display, or disclose technical data for commercial 
purposes or authorize others to do so.
    (12) Government purpose rights means the rights to--
    (i) Use, modify, reproduce, release, perform, display, or disclose 
technical data within the Government without restriction; and
    (ii) Release or disclose technical data outside the Government and 
authorize persons to whom release or disclosure has been made to use, 
modify, reproduce, release, perform, display, or disclose that data for 
United States government purposes.
    (13) Limited rights means the rights to use, modify, reproduce, 
release, perform, display, or disclose technical data, in whole or in 
part, within the Government. The Government may not, without the written 
permission of the party asserting limited rights, release or disclose 
the technical data outside the Government, use the technical data for 
manufacture, or authorize the technical data to be used by another 
party, except that the Government may reproduce, release or disclose 
such data or authorize the use or reproduction of the data by persons 
outside the Government if reproduction, release, disclosure, or use is--
    (i) Necessary for emergency repair and overhaul; or
    (ii) A release or disclosure of technical data (other than detailed 
manufacturing or process data) to, or use of such data by, a foreign 
government that is in the interest of the Government and is required for 
evaluational or informational purposes;
    (iii) Subject to a prohibition on the further reproduction, release, 
disclosure, or use of the technical data; and
    (iv) The contractor or subcontractor asserting the restriction is 
notified of such reproduction, release, disclosure, or use.
    (14) Technical data means recorded information, regardless of the 
form or method of the recording, of a scientific or technical nature 
(including computer software documentation). The term does not include 
computer software or data incidental to contract administration, such as 
financial and/or management information.
    (15) Unlimited rights means rights to use, modify, reproduce, 
perform, display, release, or disclose technical data in whole or in 
part, in any manner, and for any purpose whatsoever, and to have or 
authorize others to do so.
    (b) Rights in technical data. The Contractor grants or shall obtain 
for the Government the following royalty free, world-wide, nonexclusive, 
irrevocable license rights in technical data other than computer 
software documentation (see the Rights in Noncommercial Computer 
Software and Noncommercial Computer Software Documentation clause of 
this contract for rights in computer software documentation):
    (1) Unlimited rights. The Government shall have unlimited rights in 
technical data that are--
    (i) Data pertaining to an item, component, or process which has been 
or will be developed exclusively with Government funds;
    (ii) Studies, analyses, test data, or similar data produced for this 
contract, when the study, analysis, test, or similar work was specified 
as an element of performance;
    (iii) Created exclusively with Government funds in the performance 
of a contract that does not require the development, manufacture, 
construction, or production of items, components, or processes;
    (iv) Form, fit, and function data;
    (v) Necessary for installation, operation, maintenance, or training 
purposes (other than detailed manufacturing or process data);
    (vi) Corrections or changes to technical data furnished to the 
Contractor by the Government;
    (vii) Otherwise publicly available or have been released or 
disclosed by the Contractor or subcontractor without restrictions on 
further use, release or disclosure, other than a release or disclosure 
resulting from the sale, transfer, or other assignment of interest in 
the technical data to another party or the sale or transfer of some or 
all of a business entity or its assets to another party;
    (viii) Data in which the Government has obtained unlimited rights 
under another Government contract or as a result of negotiations; or

[[Page 74]]

    (ix) Data furnished to the Government, under this or any other 
Government contract or subcontract thereunder, with--
    (A) Government purpose license rights or limited rights and the 
restrictive condition(s) has/have expired; or
    (B) Government purpose rights and the Contractor's exclusive right 
to use such data for commercial purposes has expired.
    (2) Government purpose rights. (i) The Government shall have 
government purpose rights for a five-year period, or such other period 
as may be negotiated, in technical data--
    (A) That pertain to items, components, or processes developed with 
mixed funding except when the Government is entitled to unlimited rights 
in such data as provided in paragraphs (b)(ii) and (b)(iv) through 
(b)(ix) of this clause; or
    (B) Created with mixed funding in the performance of a contract that 
does not require the development, manufacture, construction, or 
production of items, components, or processes.
    (ii) The five-year period, or such other period as may have been 
negotiated, shall commence upon execution of the contract, subcontract, 
letter contract (or similar contractual instrument), contract 
modification, or option exercise that required development of the items, 
components, or processes or creation of the data described in paragraph 
(b)(2)(i)(B) of this clause. Upon expiration of the five-year or other 
negotiated period, the Government shall have unlimited rights in the 
technical data.
    (iii) The Government shall not release or disclose technical data in 
which it has government purpose rights unless--
    (A) Prior to release or disclosure, the intended recipient is 
subject to the non-disclosure agreement at 227.7103-7 of the Defense 
Federal Acquisition Regulation Supplement (DFARS); or
    (B) The recipient is a Government contractor receiving access to the 
data for performance of a Government contract that contains the clause 
at DFARS 252.227-7025, Limitations on the Use or Disclosure of 
Government-Furnished Information Marked with Restrictive Legends.
    (iv) The Contractor has the exclusive right, including the right to 
license others, to use technical data in which the Government has 
obtained government purpose rights under this contract for any 
commercial purpose during the time period specified in the government 
purpose rights legend prescribed in paragraph (f)(2) of this clause.
    (3) Limited rights. (i) Except as provided in paragraphs (b)(1)(ii) 
and (b)(1)(iv) through (b)(1)(ix) of this clause, the Government shall 
have limited rights in technical data--
    (A) Pertaining to items, components, or processes developed 
exclusively at private expense and marked with the limited rights legend 
prescribed in paragraph (f) of this clause; or
    (B) Created exclusively at private expense in the performance of a 
contract that does not require the development, manufacture, 
construction, or production of items, components, or processes.
    (ii) The Government shall require a recipient of limited rights data 
for emergency repair or overhaul to destroy the data and all copies in 
its possession promptly following completion of the emergency repair/
overhaul and to notify the Contractor that the data have been destroyed.
    (iii) The Contractor, its subcontractors, and suppliers are not 
required to provide the Government additional rights to use, modify, 
reproduce, release, perform, display, or disclose technical data 
furnished to the Government with limited rights. However, if the 
Government desires to obtain additional rights in technical data in 
which it has limited rights, the Contractor agrees to promptly enter 
into negotiations with the Contracting Officer to determine whether 
there are acceptable terms for transferring such rights. All technical 
data in which the Contractor has granted the Government additional 
rights shall be listed or described in a license agreement made part of 
the contract. The license shall enumerate the additional rights granted 
the Government in such data.
    (4) Specifically negotiated license rights. The standard license 
rights granted to the Government under paragraphs (b)(1) through (b)(3) 
of this clause, including the period during which the Government shall 
have government purpose rights in technical data, may be modified by 
mutual agreement to provide such rights as the parties consider 
appropriate but shall not provide the Government lesser rights than are 
enumerated in paragraph (a)(13) of this clause. Any rights so negotiated 
shall be identified in a license agreement made part of this contract.
    (5) Prior government rights. Technical data that will be delivered, 
furnished, or otherwise provided to the Government under this contract, 
in which the Government has previously obtained rights shall be 
delivered, furnished, or provided with the pre-existing rights, unless--
    (i) The parties have agreed otherwise; or
    (ii) Any restrictions on the Government's rights to use, modify, 
reproduce, release, perform, display, or disclose the data have expired 
or no longer apply.
    (6) Release from liability. The Contractor agrees to release the 
Government from liability for any release or disclosure of technical 
data made in accordance with paragraph (a)(13) or (b)(2)(iii) of this 
clause, in accordance with the terms of a license negotiated under 
paragraph (b)(4) of this clause,

[[Page 75]]

or by others to whom the recipient has released or disclosed the data 
and to seek relief solely from the party who has improperly used, 
modified, reproduced, released, performed, displayed, or disclosed 
Contractor data marked with restrictive legends.
    (c) Contractor rights in technical data. All rights not granted to 
the Government are retained by the Contractor.
    (d) Third party copyrighted data. The Contractor shall not, without 
the written approval of the Contracting Officer, incorporate any 
copyrighted data in the technical data to be delivered under this 
contract unless the Contractor is the copyright owner or has obtained 
for the Government the license rights necessary to perfect a license or 
licenses in the deliverable data of the appropriate scope set forth in 
paragraph (b) of this clause, and has affixed a statement of the license 
or licenses obtained on behalf of the Government and other persons to 
the data transmittal document.
    (e) Identification and delivery of data to be furnished with 
restrictions on use, release, or disclosure. (1) This paragraph does not 
apply to restrictions based solely on copyright.
    (2) Except as provided in paragraph (e)(3) of this clause, technical 
data that the Contractor asserts should be furnished to the Government 
with restrictions on use, release, or disclosure are identified in an 
attachment to this contract (the Attachment). The Contractor shall not 
deliver any data with restrictive markings unless the data are listed on 
the Attachment.
    (3) In addition to the assertions made in the Attachment, other 
assertions may be identified after award when based on new information 
or inadvertent omissions unless the inadvertent omissions would have 
materially affected the source selection decision. Such identification 
and assertion shall be submitted to the Contracting Officer as soon as 
practicable prior to the scheduled date for delivery of the data, in the 
following format, and signed by an official authorized to contractually 
obligate the Contractor: Identification and Assertion of Restrictions on 
the Government's Use, Release, or Disclosure of Technical Data.
    The Contractor asserts for itself, or the persons identified below, 
that the Government's rights to use, release, or disclose the following 
technical data should be restricted--

----------------------------------------------------------------------------------------------------------------
  Technical data to be furnished with     Basis for assertion      Asserted rights      Name of person asserting
           restrictions \1\                       \2\                category \3\           restrictions \4\    
----------------------------------------------------------------------------------------------------------------
(LIST)................................  (LIST)................  (LIST)...............  (LIST)                   
----------------------------------------------------------------------------------------------------------------
\1\ If the assertion is applicable to items, components or processes developed at private expense, identify both
  the data and each such item, component, or process.                                                           
\2\ Generally, the development of an item, component, or process at private expense, either exclusively or      
  partially, is the only basis for asserting restrictions on the Government's rights to use, release, or        
  disclose technical data pertaining to such items, components, or processes. Indicate whether development was  
  exclusively or partially at private expense. If development was not at private expense, enter the specific    
  reason for asserting that the Government's rights should be restricted.                                       
\3\ Enter asserted rights category (e.g., government purpose license rights from a prior contract, rights in    
  SBIR data generated under another contract, limited or government purpose rights under this or a prior        
  contract, or specifically negotiated licenses).                                                               
\4\ Corporation, individual, or other person, as appropriate.                                                   

Date____________________________________________________________________

Printed Name and Title__________________________________________________

_______________________________________________________________________

Signature_______________________________________________________________

                  (End of identification and assertion)

    (4) When requested by the Contracting Officer, the Contractor shall 
provide sufficient information to enable the Contracting Officer to 
evaluate the Contractor's assertions. The Contracting Officer reserves 
the right to add the Contractor's assertions to the Attachment and 
validate any listed assertion, at a later date, in accordance with the 
procedures of the Validation of Restrictive Markings on Technical Data 
clause of this contract.
    (f) Marking requirements. The Contractor, and its subcontractors or 
suppliers, may only assert restrictions on the Government's rights to 
use, modify, reproduce, release, perform, display, or disclose technical 
data to be delivered under this contract by marking the deliverable data 
subject to restriction. Except as provided in paragraph (f)(5) of this 
clause, only the following legends are authorized under this contract: 
the government purpose rights legend at paragraph (f)(2) of this clause; 
the limited rights legend at paragraph (f)(3) of this clause; or the 
special license rights legend at paragraph (f)(4) of this clause; and/or 
a notice of copyright as prescribed under 17 U.S.C. 401 or 402.
    (1) General marking instructions. The Contractor, or its 
subcontractors or suppliers, shall conspicuously and legibly mark the 
appropriate legend on all technical data that qualify for such markings. 
The authorized legends shall be placed on the transmittal document or 
storage container and, for printed material, each page of the printed 
material containing technical data for which restrictions are asserted. 
When only portions of a page of printed material are subject to the 
asserted restrictions, such portions shall be identified by circling, 
underscoring, with a note, or other appropriate identifier. Technical 
data transmitted directly from one computer or computer terminal to 
another shall contain a notice of asserted restrictions. Reproductions 
of technical data or any

[[Page 76]]

portions thereof subject to asserted restrictions shall also reproduce 
the asserted restrictions.
    (2) Government purpose rights markings. Data delivered or otherwise 
furnished to the Government purpose rights shall be marked as follows:

                        Government Purpose Rights

Contract No.____________________________________________________________

Contractor Name_________________________________________________________

Contractor Address______________________________________________________

_______________________________________________________________________

Expiration Date_________________________________________________________
    The Government's rights to use, modify, reproduce, release, perform, 
display, or disclose these technical data are restricted by paragraph 
(b)(2) of the Rights in Technical Data--Noncommercial Items clause 
contained in the above identified contract. No restrictions apply after 
the expiration date shown above. Any reproduction of technical data or 
portions thereof marked with this legend must also reproduce the 
markings.

                             (End of legend)

    (3) Limited rights markings. Data delivered or otherwise furnished 
to the Government with limited rights shall be marked with the following 
legend:

                             Limited Rights

Contract No.____________________________________________________________

Contractor Name_________________________________________________________

Contractor Address______________________________________________________

_______________________________________________________________________
    The Government's rights to use, modify, reproduce, release, perform, 
display, or disclose these technical data are restricted by paragraph 
(b)(3) of the Rights in Technical Data--Noncommercial Items clause 
contained in the above identified contract. Any reproduction of 
technical data or portions thereof marked with this legend must also 
reproduce the markings. Any person, other than the Government, who has 
been provided access to such data must promptly notify the above named 
Contractor.

                             (End of legend)

    (4) Special license rights markings. (i) Data in which the 
Government's rights stem from a specifically negotiated license shall be 
marked with the following legend:

                         Special License Rights

    The Government's rights to use, modify, reproduce, release, perform, 
display, or disclose these data are restricted by Contract No. 
________________ (Insert contract number) ________________, License No. 
________________ (Insert license identifier) ________________. Any 
reproduction of technical data or portions thereof marked with this 
legend must also reproduce the markings.

                             (End of legend)

    (ii) For purposes of this clause, special licenses do not include 
government purpose license rights acquired under a prior contract (see 
paragraph (b)(5) of this clause).
    (5) Pre-existing data markings. If the terms of a prior contract or 
license permitted the Contractor to restrict the Government's rights to 
use, modify, reproduce, release, perform, display, or disclose technical 
data deliverable under this contract, and those restrictions are still 
applicable, the Contractor may mark such data with the appropriate 
restrictive legend for which the data qualified under the prior contract 
or license. The marking procedures in paragraph (f)(1) of this clause 
shall be followed.
    (g) Contractor procedures and records. Throughout performance of 
this contract, the Contractor and its subcontractors or suppliers that 
will deliver technical data with other than unlimited rights, shall--
    (1) Have, maintain, and follow written procedures sufficient to 
assure that restrictive markings are used only when authorized by the 
terms of this clause; and
    (2) Maintain records sufficient to justify the validity of any 
restrictive markings on technical data delivered under this contract.
    (h) Removal of unjustified and nonconforming markings. (1) 
Unjustified technical data markings. The rights and obligations of the 
parties regarding the validation of restrictive markings on technical 
data furnished or to be furnished under this contract are contained in 
the Validation of Restrictive Markings on Technical Data clause of this 
contract. Notwithstanding any provision of this contract concerning 
inspection and acceptance, the Government may ignore or, at the 
Contractor's expense, correct or strike a marking if, in accordance with 
the procedures in the Validation of Restrictive Markings on Technical 
Data clause of this contract, a restrictive marking is determined to be 
unjustified.
    (2) Nonconforming technical data markings. A nonconforming marking 
is a marking placed on technical data delivered or otherwise furnished 
to the Government under this contract that is not in the format 
authorized by this contract. Correction of nonconforming markings is not 
subject to the Validation of Restrictive Markings on Technical Data 
clause of this contract. If the Contracting Officer notifies the 
Contractor of a nonconforming marking and the Contractor fails to remove 
or correct such marking within sixty (60) days, the Government may 
ignore or, at the Contractor's expense, remove or correct any 
nonconforming marking.

[[Page 77]]

    (i) Relation to patents. Nothing contained in this clause shall 
imply a license to the Government under any patent or be construed as 
affecting the scope of any license or other right otherwise granted to 
the Government under any patent.
    (j) Limitation on charges for rights in technical data. (1) The 
Contractor shall not charge to this contract any cost, including, but 
not limited to, license fees, royalties, or similar charges, for rights 
in technical data to be delivered under this contract when--
    (i) The Government has acquired, by any means, the same or greater 
rights in the data; or
    (ii) The data are available to the public without restrictions.
    (2) The limitation in paragraph (j)(1) of this clause--
    (i) Includes costs charged by a subcontractor or supplier, at any 
tier, or costs incurred by the Contractor to acquire rights in 
subcontractor or supplier technical data, if the subcontractor or 
supplier has been paid for such rights under any other Government 
contract or under a license conveying the rights to the Government; and
    (ii) Does not include the reasonable costs of reproducing, handling, 
or mailing the documents or other media in which the technical data will 
be delivered.
    (k) Applicability to subcontractors or suppliers. (1) The Contractor 
shall ensure that the rights afforded its subcontractors and suppliers 
under 10 U.S.C. 2320, 10 U.S.C. 2321, and the identification, assertion, 
and delivery processes of paragraph (e) of this clause are recognized 
and protected.
    (2) Whenever any technical data for noncommercial items is to be 
obtained from a subcontractor or supplier for delivery to the Government 
under this contract, the Contractor shall use this same clause in the 
subcontract or other contractual instrument, and require its 
subcontractors or suppliers to do so, without alteration, except to 
identify the parties. No other clause shall be used to enlarge or 
diminish the Government's, the Contractor's, or a higher-tier 
subcontractor's or supplier's rights in a subcontractor's or supplier's 
technical data.
    (3) Technical data required to be delivered by a subcontractor or 
supplier shall normally be delivered to the next higher-tier contractor, 
subcontractor, or supplier. However, when there is a requirement in the 
prime contract for data which may be submitted with other than unlimited 
rights by a subcontractor or supplier, then said subcontractor or 
supplier may fulfill its requirement by submitting such data directly to 
the Government, rather than through a higher-tier contractor, 
subcontractor, or supplier.
    (4) The Contractor and higher-tier subcontractors or suppliers shall 
not use their power to award contracts as economic leverage to obtain 
rights in technical data from their subcontractors or suppliers.
    (5) In no event shall the Contractor use its obligation to recognize 
and protect subcontractor or supplier rights in technical data as an 
excuse for failing to satisfy its contractual obligations to the 
Government.

                             (End of clause)

                         Alternate I (June 1995)

    As prescribed in 227.7103-6(b), add the following paragraph (l) to 
the basic clause:
    (l) Publication for sale. (1) This paragraph only applies to 
technical data in which the Government has obtained unlimited rights or 
a license to make an unrestricted release of technical data.
    (2) The Government shall not publish a deliverable technical data 
item or items identified in this contract as being subject to paragraph 
(l) of this clause or authorize others to publish such data on its 
behalf if, prior to publication for sale by the Government and within 
twenty-four (24) months following the date specified in this contract 
for delivery of such data or the removal of any national security or 
export control restrictions, whichever is later, the Contractor 
publishes that item or items for sale and promptly notifies the 
Contracting Officer of such publication(s). Any such publication shall 
include a notice identifying the number of this contract and the 
Government's rights in the published data.
    (3) This limitation on the Government's right to publish for sale 
shall continue as long as the data are reasonably available to the 
public for purchase.

[60 FR 33490, June 28, 1995, as amended at 60 FR 61602, Nov. 30, 1995]



Sec. 252.227-7014  Rights in noncommercial computer software and noncommercial computer software documentation.

    As prescribed in 227.7203-6(a)(1), use the following clause.

  Rights in Noncommercial Computer Software and Noncommercial Computer 
                   Software Documentation (June 1995)

    (a) Definitions. As used in this clause:
    (1) Commercial computer software means software developed or 
regularly used for nongovernmental purposes which--
    (i) Has been sold, leased, or licensed to the public;
    (ii) Has been offered for sale, lease, or license to the public;
    (iii) Has not been offered, sold, leased, or licensed to the public 
but will be available for commercial sale, lease, or license in time

[[Page 78]]

to satisfy the delivery requirements of this contract; or
    (iv) Satisfies a criterion expressed in paragraph (a)(1) (i), (ii), 
or (iii) of this clause and would require only minor modification to 
meet the requirements of this contract.
    (2) Computer database means a collection of recorded data in a form 
capable of being processed by a computer. The term does not include 
computer software.
    (3) Computer program means a set of instructions, rules, or 
routines, recorded in a form that is capable of causing a computer to 
perform a specific operation or series of operations.
    (4) Computer software means computer programs, source code, source 
code listings, object code listings, design details, algorithms, 
processes, flow charts, formulae, and related material that would enable 
the software to be reproduced, recreated, or recompiled. Computer 
software does not include computer databases or computer software 
documentation.
    (5) Computer software documentation means owner's manuals, user's 
manuals, installation instructions, operating instructions, and other 
similar items, regardless of storage medium, that explain the 
capabilities of the computer software or provide instructions for using 
the software.
    (6) Developed means that--
    (i) A computer program has been successfully operated in a computer 
and tested to the extent sufficient to demonstrate to reasonable persons 
skilled in the art that the program can reasonably be expected to 
perform its intended purpose;
    (ii) Computer software, other than computer programs, has been 
tested or analyzed to the extent sufficient to demonstrate to reasonable 
persons skilled in the art that the software can reasonably be expected 
to perform its intended purpose; or
    (iii) Computer software documentation required to be delivered under 
a contract has been written, in any medium, in sufficient detail to 
comply with requirements under that contract.
    (7) Developed exclusively at private expense means development was 
accomplished entirely with costs charged to indirect cost pools, costs 
not allocated to a government contract, or any combination thereof.
    (i) Private expense determinations should be made at the lowest 
practicable level.
    (ii) Under fixed-price contracts, when total costs are greater than 
the firm-fixed-price or ceiling price of the contract, the additional 
development costs necessary to complete development shall not be 
considered when determining whether development was at government, 
private, or mixed expense.
    (8) Developed exclusively with government funds means development 
was not accomplished exclusively or partially at private expense.
    (9) Developed with mixed funding means development was accomplished 
partially with costs charged to indirect cost pools and/or costs not 
allocated to a government contract, and partially with costs charged 
directly to a government contract.
    (10) Government purpose means any activity in which the United 
States Government is a party, including cooperative agreements with 
international or multi-national defense organizations or sales or 
transfers by the United States Government to foreign governments or 
international organizations. Government purposes include competitive 
procurement, but do not include the rights to use, modify, reproduce, 
release, perform, display, or disclose computer software or computer 
software documentation for commercial purposes or authorize others to do 
so.
    (11) Government purpose rights means the rights to--
    (i) Use, modify, reproduce, release, perform, display, or disclose 
computer software or computer software documentation within the 
Government without restriction; and
    (ii) Release or disclose computer software or computer software 
documentation outside the Government and authorize persons to whom 
release or disclosure has been made to use, modify, reproduce, release, 
perform, display, or disclose the software or documentation for United 
States government purposes.
    (12) Minor modification means a modification that does not 
significantly alter the nongovernmental function or purpose of the 
software or is of the type customarily provided in the commercial 
marketplace.
    (13) Noncommercial computer software means software that does not 
qualify as commercial computer software under paragraph (a)(1) of this 
clause.
    (14) Restricted rights apply only to noncommercial computer software 
and mean the Government's rights to--
    (i) Use a computer program with one computer at one time. The 
program may not be accessed by more than one terminal or central 
processing unit or time shared unless otherwise permitted by this 
contract;
    (ii) Transfer a computer program to another Government agency 
without the further permission of the Contractor if the transferor 
destroys all copies of the program and related computer software 
documentation in its possession and notifies the licensor of the 
transfer. Transferred programs remain subject to the provisions of this 
clause;
    (iii) Make the minimum number of copies of the computer software 
required for safekeeping (archive), backup, or modification purposes;
    (iv) Modify computer software provided that the Government may--
    (A) Use the modified software only as provided in paragraphs (a)(14) 
(i) and (iii) of this clause; and

[[Page 79]]

    (B) Not release or disclose the modified software except as provided 
in paragraphs (a)(14) (ii), (v) and (vi) of this clause;
    (v) Permit contractors or subcontractors performing service 
contracts (see 37.101 of the Federal Acquisition Regulation) in support 
of this or a related contract to use computer software to diagnose and 
correct deficiencies in a computer program, to modify computer software 
to enable a computer program to be combined with, adapted to, or merged 
with other computer programs or when necessary to respond to urgent 
tactical situations, provided that--
    (A) The Government notifies the party which has granted restricted 
rights that a release or disclosure to particular contractors or 
subcontractors was made;
    (B) Such contractors or subcontractors are subject to the use and 
non-disclosure agreement at 227.7103-7 of the Defense Federal 
Acquisition Regulation Supplement (DFARS) or are Government contractors 
receiving access to the software for performance of a Government 
contract that contains the clause at DFARS 252.227-7025, Limitations on 
the Use or Disclosure of Government-Furnished Information Marked with 
Restrictive Legends;
    (C) The Government shall not permit the recipient to decompile, 
disassemble, or reverse engineer the software, or use software 
decompiled, disassembled, or reverse engineered by the Government 
pursuant to paragraph (a)(14)(iv) of this clause, for any other purpose; 
and
    (D) Such use is subject to the limitation in paragraph (a)(14)(i) of 
this clause; and
    (vi) Permit contractors or subcontractors performing emergency 
repairs or overhaul of items or components of items procured under this 
or a related contract to use the computer software when necessary to 
perform the repairs or overhaul, or to modify the computer software to 
reflect the repairs or overhaul made, provided that--
    (A) The intended recipient is subject to the use and non-disclosure 
agreement at DFARS 227.7103-7 or is a Government contractor receiving 
access to the software for performance of a Government contract that 
contains the clause at DFARS 252.227-7025, Limitations on the Use or 
Disclosure of Government-Furnished Information Marked with Restrictive 
Legends; and
    (B) The Government shall not permit the recipient to decompile, 
disassemble, or reverse engineer the software, or use software 
decompiled, disassembled, or reverse engineered by the Government 
pursuant to paragraph (a)(14)(iv) of this clause, for any other purpose.
    (15) Unlimited rights means rights to use, modify, reproduce, 
release, perform, display, or disclose computer software or computer 
software documentation in whole or in part, in any manner and for any 
purpose whatsoever, and to have or authorize others to do so.
    (b) Rights in computer software or computer software documentation. 
The Contractor grants or shall obtain for the Government the following 
royalty free, world-wide, nonexclusive, irrevocable license rights in 
noncommercial computer software or computer software documentation. All 
rights not granted to the Government are retained by the Contractor.
    (1) Unlimited rights. The Government shall have unlimited rights 
in--
    (i) Computer software developed exclusively with Government funds;
    (ii) Computer software documentation required to be delivered under 
this contract;
    (iii) Corrections or changes to computer software or computer 
software documentation furnished to the Contractor by the Government;
    (iv) Computer software or computer software documentation that is 
otherwise publicly available or has been released or disclosed by the 
Contractor or subcontractor without restriction on further use, release 
or disclosure, other than a release or disclosure resulting from the 
sale, transfer, or other assignment of interest in the software to 
another party or the sale or transfer of some or all of a business 
entity or its assets to another party;
    (v) Computer software or computer software documentation obtained 
with unlimited rights under another Government contract or as a result 
of negotiations; or
    (vi) Computer software or computer software documentation furnished 
to the Government, under this or any other Government contract or 
subcontract thereunder with--
    (A) Restricted rights in computer software, limited rights in 
technical data, or government purpose license rights and the restrictive 
conditions have expired; or
    (B) Government purpose rights and the Contractor's exclusive right 
to use such software or documentation for commercial purposes has 
expired.
    (2) Government purpose rights. (i) Except as provided in paragraph 
(b)(1) of this clause, the Government shall have government purpose 
rights in computer software development with mixed funding.
    (ii) Government purpose rights shall remain in effect for a period 
of five years unless a different period has been negotiated. Upon 
expiration of the five-year or other negotiated period, the Government 
shall have unlimited rights in the computer software or computer 
software documentation. The government purpose rights period shall 
commence upon execution of the contract, subcontract, letter contract 
(or similar contractual instrument), contract modification, or option 
exercise that required development of the computer software.

[[Page 80]]

    (iii) The Government shall not release or disclose computer software 
in which it has government purpose rights to any other person unless--
    (A) Prior to release or disclosure, the intended recipient is 
subject to the use and non-disclosure agreement at DFARS 227.7103-7; or
    (B) The recipient is a Government contractor receiving access to the 
software or documentation for performance of a Government contract that 
contains the clause at DFARS 252.227-7025, Limitations on the Use or 
Disclosure of Government Furnished Information Marked with Restrictive 
Legends.
    (3) Restricted rights. (i) The Government shall have restricted 
rights in noncommercial computer software required to be delivered or 
otherwise provided to the Government under this contract that were 
developed exclusively at private expense.
    (ii) The Contractor, its subcontractors, or suppliers are not 
required to provide the Government additional rights in noncommercial 
computer software delivered or otherwise provided to the Government with 
restricted rights. However, if the Government desires to obtain 
additional rights in such software, the Contractor agrees to promptly 
enter into negotiations with the Contracting Officer to determine 
whether there are acceptable terms for transferring such rights. All 
noncommercial computer software in which the Contractor has granted the 
Government additional rights shall be listed or described in a license 
agreement made part of the contract (see paragraph (b)(4) of this 
clause). The license shall enumerate the additional rights granted the 
Government.
    (4) Specifically negotiated license rights. (i) The standard license 
rights granted to the Government under paragraphs (b)(1) through (b)(3) 
of this clause, including the period during which the Government shall 
have government purpose rights in computer software, may be modified by 
mutual agreement to provide such rights as the parties consider 
appropriate but shall not provide the Government lesser rights in 
computer software than are enumerated in paragraph (a)(14) of this 
clause or lesser rights in computer software documentation than are 
enumerated in paragraph (a)(13) of the Rights in Technical Data--
Noncommercial Items clause of this contract.
    (ii) Any rights so negotiated shall be identified in a license 
agreement made part of this contract.
    (5) Prior government rights. Computer software or computer software 
documentation that will be delivered, furnished, or otherwise provided 
to the Government under this contract, in which the Government has 
previously obtained rights shall be delivered, furnished, or provided 
with the pre-existing rights, unless--
    (i) The parties have agreed otherwise; or
    (ii) Any restrictions on the Government's rights to use, modify, 
reproduce, release, perform, display, or disclose the data have expired 
or no longer apply.
    (6) Release from liability. The Contractor agrees to release the 
Government from liability for any release or disclosure of computer 
software made in accordance with paragraph (a)(14) or (b)(2)(iii) of 
this clause, in accordance with the terms of a license negotiated under 
paragraph (b)(4) of this clause, or by others to whom the recipient has 
released or disclosed the software, and to seek relief solely from the 
party who has improperly used, modified, reproduced, released, 
performed, displayed, or disclosed Contractor software marked with 
restrictive legends.
    (c) Rights in derivative computer software or computer software 
documentation. The Government shall retain its rights in the unchanged 
portions of any computer software or computer software documentation 
delivered under this contract that the Contractor uses to prepare, or 
includes in, derivative computer software or computer software 
documentation.
    (d) Third party copyrighted computer software or computer software 
documentation. The Contractor shall not, without the written approval of 
the Contracting Officer, incorporate any copyrighted computer software 
or computer software documentation in the software or documentation to 
be delivered under this contract unless the Contractor is the copyright 
owner or has obtained for the Government the license rights necessary to 
perfect a license or licenses in the deliverable software or 
documentation of the appropriate scope set forth in paragraph (b) of 
this clause, and prior to delivery of such--
    (1) Computer software, has provided a statement of the license 
rights obtained in a form acceptable to the Contracting Officer; or
    (2) Computer software documentation, has affixed to the transmittal 
document a statement of the license rights obtained.
    (e) Identification and delivery of computer software and computer 
software documentation to be furnished with restrictions on use, 
release, or disclosure. (1) This paragraph does not apply to 
restrictions based solely on copyright.
    (2) Except as provided in paragraph (e)(3) of this clause, computer 
software that the Contractor asserts should be furnished to the 
Government with restrictions on use, release, or disclosure is 
identified in an attachment to this contract (the Attachment). The 
Contractor shall not deliver any software with restrictive markings 
unless the software is listed on the Attachment.
    (3) In addition to the assertions made in the Attachment, other 
assertions may be

[[Page 81]]

identified after award when based on new information or inadvertent 
omissions unless the inadvertent omissions would have materially 
affected the source selection decision. Such identification and 
assertion shall be submitted to the Contracting Officer as soon as 
practicable prior to the scheduled data for delivery of the software, in 
the following format, and signed by an official authorized to 
contractually obligate the Contractor: Identification and Assertion of 
Restrictions on the Government's Use, Release, or Disclosure of Computer 
Software.
    The Contractor asserts for itself, or the persons identified below, 
that the Government's rights to use, release, or disclose the following 
computer software should be restricted:

----------------------------------------------------------------------------------------------------------------
  Computer Software to be Furnished                                Asserted Rights      Name of Person Asserting
         With Restrictions*            Basis for Assertion**         Category***            Restrictions****    
----------------------------------------------------------------------------------------------------------------
(LIST)                                (LIST)                   (LIST)                   (LIST)                  
----------------------------------------------------------------------------------------------------------------
*Generally, development at private expense, either exclusively or partially, is the only basis for asserting    
  restrictions on the Government's rights to use, release, or disclose computer software.                       
**Indicate whether development was exclusively or partially at private expense. If development was not at       
  private expense, enter the specific reason for asserting that the Government's rights should be restricted.   
***Enter asserted rights category (e.g., restricted or government purpose rights in computer software,          
  government purpose license rights from a prior contract, rights in SBIR software generated under another      
  contract, or specifically negotiated licenses).                                                               
****Corporation, individual, or other person, as appropriate.                                                   


Date____________________________________________________________________

Printed Name and Title__________________________________________________

_______________________________________________________________________

Signature_______________________________________________________________
(End of identification and assertion)
    (4) When requested by the Contracting Officer, the Contractor shall 
provide sufficient information to enable the Contracting Officer to 
evaluate the Contractor's assertions. The Contracting Officer reserves 
the right to add the Contractor's assertions to the Attachment and 
validate any listed assertion, at a later date, in accordance with the 
procedures of the Validation of Asserted Restrictions--Computer Software 
clause of this contract.
    (f) Marking requirements. The Contractor, and its subcontractors or 
suppliers, may only assert restrictions on the Government's rights to 
use, modify, reproduce, release, perform, display, or disclose computer 
software by marking the deliverable software or documentation subject to 
restriction. Except as provided in paragraph (f)(5) of this clause, only 
the following legends are authorized under this contract; the government 
purpose rights legend at paragraph (f)(2) of this clause; the restricted 
rights legend at paragraph (f)(3) of this clause; or the special license 
rights legend at paragraph (f)(4) of this clause; and/or a notice of 
copyright as prescribed under 17 U.S.C. 401 or 402.
    (1) General marking instructions. The Contractor, or its 
subcontractors or suppliers, shall conspicuously and legibly mark the 
appropriate legend on all computer software that qualify for such 
markings. The authorized legends shall be placed on the transmitted 
document or software storage container and each page, or portions 
thereof, of printed material containing computer software for which 
restrictions are asserted. Computer software transmitted directly from 
one computer or computer terminal to another shall contain a notice of 
asserted restrictions. However, instructions that interfere with or 
delay the operation of computer software in order to display a 
restrictive rights legend or other license statement at any time prior 
to or during use of the computer software, or otherwise cause such 
interference or delay, shall not be inserted in software that will or 
might be used in combat or situations that simulate combat conditions, 
unless the Contracting Officer's written permission to deliver such 
software has been obtained prior to delivery. Reproductions of computer 
software or any portions thereof subject to asserted restrictions, shall 
also reproduce the asserted restrictions.
    (2) Government purpose rights markings. Computer software delivered 
or otherwise furnished to the Government with government purpose rights 
shall be marked as follows:

                        GOVERNMENT PURPOSE RIGHTS

Contract No.____________________________________________________________

Contractor Name_________________________________________________________

Contractor Address______________________________________________________

_______________________________________________________________________

Expiration Date_________________________________________________________

    The Government's rights to use, modify, reproduce, release, perform, 
display, or disclose this software are restricted by paragraph (b)(2) of 
the Rights in Noncommercial Computer Software and Noncommercial Computer 
Software Documentation clause contained in the above identified 
contract. No restrictions apply after the expiration date shown above. 
Any reproduction of the software or portions thereof marked with this 
legend must also reproduce the markings.
(End of legend)
    (3) Restricted rights markings. Software delivered or otherwise 
furnished to the Government with restricted rights shall be marked with 
the following legend:

                            RESTRICTED RIGHTS

Contract No.____________________________________________________________

Contractor Name_________________________________________________________

Contractor Address______________________________________________________


[[Page 82]]

________________________________________________________________________
_______________________________________________________________________

    The Government's rights to use, modify, reproduce, release, perform, 
display, or disclose this software are restricted by paragraph (b)(3) of 
the Rights in Noncommercial Computer Software and Noncommercial Computer 
Software Documentation clause contained in the above identified 
contract. Any reproduction of computer software or portions thereof 
marked with this legend must also reproduce the markings. Any person, 
other than the Government, who has been provided access to such software 
must promptly notify the above named Contractor.

(End of legend)
    (4) Special license rights markings. (i) Computer software or 
computer documentation in which the Government's rights stem from a 
specifically negotiated license shall be marked with the following 
legend:

                         SPECIAL LICENSE RIGHTS

    The Government's rights to use, modify, reproduce, release, perform, 
display, or disclose this software are restricted by Contract No. 
________(Insert contract number)________, License No.________(Insert 
license identifier)________. Any reproduction of computer software, 
computer software documentation, or portions thereof marked with this 
legend must also reproduce the markings.

                             (End of legend)

    (ii) For purposes of this clause, special licenses do not include 
government purpose license rights acquired under a prior contract (see 
paragraph (b)(5) of this clause).
    (5) Pre-existing markings. If the terms of a prior contract or 
license permitted the Contractor to restrict the Government's rights to 
use, modify, release, perform, display, or disclose computer software or 
computer software documentation and those restrictions are still 
applicable, the Contractor may mark such software or documentation with 
the appropriate restrictive legend for which the software qualified 
under the prior contract or license. The marking procedures in paragraph 
(f)(1) of this clause shall be followed.
    (g) Contractor procedures and records. Throughout performance of 
this contract, the Contractor and its subcontractors or suppliers that 
will deliver computer software or computer software documentation with 
other than unlimited rights, shall--
    (1) Have, maintain, and follow written procedures sufficient to 
assure that restrictive markings are used only when authorized by the 
terms of this clause; and
    (2) Maintain records sufficient to justify the validity of any 
restrictive markings on computer software or computer software 
documentation delivered under this contract.
    (h) Removal of unjustified and nonconforming markings. (1) 
Unjustified computer software or computer software documentation 
markings. The rights and obligations of the parties regarding the 
validation of restrictive markings on computer software or computer 
software documentation furnished or to be furnished under this contract 
are contained in the Validation of Asserted Restrictions--Computer 
Software and the Validation of Restrictive Markings on Technical Data 
clauses of this contract, respectively. Notwithstanding any provision of 
this contract concerning inspection and acceptance, the Government may 
ignore or, at the Contractor's expense, correct or strike a marking if, 
in accordance with the procedures of those clauses, a restrictive 
marking is determined to be unjustified.
    (2) Nonconforming computer software or computer software 
documentation markings. A nonconforming marking is a marking placed on 
computer software or computer software documentation delivered or 
otherwise furnished to the Government under this contract that is not in 
the format authorized by this contract. Correction of nonconforming 
markings is not subject to the Validation of Asserted Restrictions--
Computer Software or the Validation of Restrictive Markings on Technical 
Data clause of this contract. If the Contracting Officer notifies the 
Contractor of a nonconforming marking or markings and the Contractor 
fails to remove or correct such markings within sixty (60) days, the 
Government may ignore or, at the Contractor's expense, remove or correct 
any nonconforming markings.
    (i) Relation to patents. Nothing contained in this clause shall 
imply a license to the Government under any patent or be construed as 
affecting the scope of any license or other right otherwise granted to 
the Government under any patent.
    (j) Limitation on charges for rights in computer software or 
computer software documentation. (1) The Contractor shall not charge to 
this contract any cost, including but not limited to license fees, 
royalties, or similar charges, for rights in computer software or 
computer software documentation to be delivered under this contract 
when--
    (i) The Government has acquired, by any means, the same or greater 
rights in the software or documentation; or
    (ii) The software or documentation are available to the public 
without restrictions.
    (2) The limitation in paragraph (j)(1) of this clause--
    (i) Includes costs charged by a subcontractor or supplier, at any 
tier, or costs incurred by the Contractor to acquire rights in 
subcontractor or supplier computer software or computer software 
documentation, if the subcontractor or supplier has been paid for

[[Page 83]]

such rights under any other Government contract or under a license 
conveying the rights to the Government; and
    (ii) Does not include the reasonable costs of reproducing, handling, 
or mailing the documents or other media in which the software or 
documentation will be delivered.
    (k) Applicability to subcontractors or suppliers. (1) Whenever any 
noncommercial computer software or computer software documentation is to 
be obtained from a subcontractor or supplier for delivery to the 
Government under this contract, the Contractor shall use this same 
clause in its subcontracts or other contractual instruments, and require 
its subcontractors or suppliers to do so, without alteration, except to 
identify the parties. No other clause shall be used to enlarge or 
diminish the Government's, the Contractor's, or a higher tier 
subcontractor's or supplier's rights in a subcontractor's or supplier's 
computer software or computer software documentation.
    (2) The Contractor and higher tier subcontractors or suppliers shall 
not use their power to award contracts as economic leverage to obtain 
rights in computer software or computer software documentation from 
their subcontractors or suppliers.
    (3) The Contractor shall ensure that subcontractor or supplier 
rights are recognized and protected in the identification, assertion, 
and delivery processes required by paragraph (e) of this clause.
    (4) In no event shall the Contractor use its obligation to recognize 
and protect subcontractor or supplier rights in computer software or 
computer software documentation as an excuse for failing to satisfy its 
contractual obligation to the Government.

                             (End of clause)

                         Alternate I (Jun. 1995)

    As prescribed in 227.7203-6(a)(2), add the following paragraph (l) 
to the basic clause:

    (l) Publication for sale. (1) This paragraph only applies to 
computer software or computer software documentation in which the 
Government has obtained unlimited rights or a license to make an 
unrestricted release of the software or documentation.
    (2) The Government shall not publish a deliverable item or items of 
computer software or computer software documentation identified in this 
contract as being subject to paragraph (l) of this clause or authorize 
others to publish such software or documentation on its behalf if, prior 
to publication for sale by the Government and within twenty-four (24) 
months following the date specified in this contract for delivery of 
such software or documentation, or the removal of any national security 
or export control restrictions, whichever is later, the Contractor 
publishes that item or items for sale and promptly notifies the 
Contracting Officer of such publication(s). Any such publication shall 
include a notice identifying the number of this contract and the 
Government's rights in the published software or documentation.
    (3) This limitation on the Government's rights to publish for sale 
shall continue as long as the software or documentation are reasonably 
available to the public for purchase.

[60 FR 33493, June 28, 1995]



Sec. 252.227-7015  Technical data--Commercial items.

    As prescribed in 227.7102-3, use the following clause:

               Technical Data--Commercial Items (NOV 1995)

    (a) Definitions. As used in this clause:
    (1) Commercial item does not include commercial computer software.
    (2) Form, fit, and function data means technical data that describes 
the required overall physical, functional, and performance 
characteristics (along with the qualification requirements, if 
applicable) of an item, component, or process to the extent necessary to 
permit identification of physically and functionally interchangeable 
items.
    (3) The term item includes components or processes.
    (4) Technical data means recorded information, regardless of the 
form or method of recording, of a scientific or technical nature 
(including computer software documentation). The term does not include 
computer software or data incidental to contract administration, such as 
financial and/or management information.
    (b) License. (1) The Government shall have the unrestricted right to 
use, modify, reproduce, release, perform, display, or disclose technical 
data, and to permit others to do so, that--
    (i) Have been provided to the Government or others without 
restrictions on use, modification, reproduction, release, or further 
disclosure other than a release or disclosure resulting from the sale, 
transfer, or other assignment of interest in the technical data to 
another party or the sale or transfer of some or all of a business 
entity or its assets to another party;
    (ii) Are form, fit, and function data;
    (iii) Are a correction or change to technical data furnished to the 
Contractor by the Government;
    (iv) Are necessary for operation, maintenance, installation, or 
training (other than detailed manufacturing or process data); or

[[Page 84]]

    (v) Have been provided to the Government under a prior contract or 
licensing agreement through which the Government has acquired the rights 
to use, modify, reproduce, release, perform, display, or disclose the 
data without restrictions.
    (2) Except as provided in paragraph (b)(1) of this clause, the 
Government may use, modify, reproduce, release, perform, display, or 
disclose technical data within the Government only. The Government shall 
not--
    (i) Use the technical data to manufacture additional quantities of 
the commercial items; or
    (ii) Release, perform, display, disclose, or authorize use of the 
technical data outside the Government without the Contractor's written 
permission unless a release, disclosure or permitted use is necessary 
for emergency repair or overhaul of the commercial items furnished under 
this contract.
    (c) Additional license rights. The Contractor, its subcontractors, 
and suppliers are not required to provide the Government additional 
rights to use, modify, reproduce, release, perform, display, or disclose 
technical data. However, if the Government desires to obtain additional 
rights in technical data, the Contractor agrees to promptly enter into 
negotiations with the Contracting Officer to determine whether there are 
acceptable terms for transferring such rights. All technical data in 
which the Contractor has granted the Government additional rights shall 
be listed or described in a special license agreement made part of this 
contract. The license shall enumerate the additional rights granted the 
Government in such data.
    (d) Release from liability. The Contractor agrees that the 
Government, and other persons to whom the Government may have released 
or disclosed technical data delivered or otherwise furnished under this 
contract, shall have no liability for any release or disclosure of 
technical data that are not marked to indicate that such data are 
licensed data subject to use, modification, reproduction, release, 
performance, display, or disclosure restrictions.

(End of clause)

[60 FR 33497, June 28, 1995, as amended at 60 FR 61602, Nov. 30, 1995]



Sec. 252.227-7016  Rights in bid or proposal information.

    As prescribed in 227.7103-6(e)(1), 227.7104(e)(1), or 227.7203-6(b), 
use the following clause:

            Rights in Bid or Proposal Information (Jun. 1995)

    (a) Definitions. (1) For contracts that require the delivery of 
technical data, the terms ``technical data'' and ``computer software'' 
are defined in the Rights in Technical Data--Noncommercial Item clause 
of this contract or, if this is a contract awarded under the Small 
Business Innovative Research Program, the Rights in Noncommercial 
Technical Data and Computer Software--Small Business Innovative Research 
(SBIR) Program clause of this contract.
    (2) For contracts that do not require the delivery of technical 
data, the term ``computer software'' is defined in the Rights in 
Noncommercial Computer and Noncommercial Computer Software Documentation 
clause of this contract or, if this is a contract awarded under the 
Small Business Innovative Research Program, the Rights in Noncommercial 
Technical Data and Computer Software--Small Business Innovative Research 
(SBIR) Program clause of this contract.
    (b) Government rights to contract award. By submission of its offer, 
the Offeror agrees that the Government--
    (1) May reproduce the bid or proposal, or any portions thereof, to 
the extent necessary to evaluate the offer.
    (2) Except as provided in paragraph (d) of this clause, shall use 
information contained in the bid or proposal only for evaluational 
purposes and shall not disclose, directly or indirectly, such 
information to any person including potential evaluators, unless that 
person has been authorized by the head of the agency, his or her 
designee, or the Contracting Officer to receive such information.
    (c) Government rights subsequent to contract award. The Contractor 
agrees--
    (1) Except as provided in paragraphs (c)((2), (d), and (e) of this 
clause, the Government shall have the rights to use, modify, reproduce, 
release, perform, display, or disclose information contained in the 
Contractor's bid or proposal within the Government. The Government shall 
not release, perform, display, or disclose such information outside the 
Government without the Contractor's written permission.
    (2) The Government's right to use, modify, reproduce, release, 
perform, display, or disclose information that is technical data or 
computer software required to be delivered under this contract are 
determined by the Rights in Technical Data--Noncommercial Items, Rights 
in Noncommercial Computer Software and Noncommercial Computer Software 
Documentation, or Rights in Noncommercial Technical Data and Computer 
Software--Small Business Innovative Research (SBIR) Program clause(s) of 
this contract.
    (d) Government-furnished information. The Government's rights with 
respect to technical data or computer software contained in the 
Contractor's bid or proposal that were provided to the Contractor by the 
Government are subject only to restrictions on use, modification, 
reproduction, release, performance, display, or disclosure, if any, 
imposed

[[Page 85]]

by the developer or licensor of such data or software.
    (e) Information available without restrictions. The Government's 
rights to use, modify, reproduce, release, perform, display, or, 
disclose information contained in a bid or proposal, including technical 
data or computer software, and to permit others to do so, shall not be 
restricted in any manner if such information has been released or 
disclosed to the Government or to other persons without restrictions 
other than a release or disclosure resulting from the sale, transfer, or 
other assignment of interest in the information to another party or the 
sale or transfer of some or all of a business entity or its assets to 
another party.
    (f) Flowdown. Contractor shall include this clause in all 
subcontracts or similar contractual instruments and require its 
subcontractors or suppliers to do so without alteration, except to 
identify the parties.

                             (End of clause)

[60 FR 33498, June 28, 1995]



Sec. 252.227-7017  Identification and assertion of use, release, or disclosure restrictions.

    As prescribed in 227.7103-3(b), 227.7104(e)(2), or 227.7203-3(a), 
use the following provision:

Identification and Assertion of Use, Release, or Disclosure Restrictions 
                               (Jun. 1995)

    (a) The terms used in this provision are defined in following clause 
or clauses contained in this solicitation--
    (1) If a successful offeror will be required to deliver technical 
data, the Rights in Technical Data--Noncommercial Items clause, or, if 
this solicitation contemplates a contract under the Small Business 
Innovative Research Program, the Rights in Noncommercial Technical Data 
and Computer Software--Small Business Innovative Research (SBIR) Program 
clause.
    (2) If a successful offeror will not be required to deliver 
technical data, the Rights in Noncommercial Computer Software and 
Noncommercial Computer Software Documentation clause, or, if this 
solicitation contemplates a contract under the Small Business Innovative 
Research Program, the Rights in Noncommercial Technical Data and 
Computer Software--Small Business Innovative Research (SBIR) Program 
clause.
    (b) The identification and assertion requirements in this provision 
apply only to technical data, including computer software documents, or 
computer software to be delivered with other than unlimited rights. For 
contracts to be awarded under the Small Business Innovative Research 
Program, the notification requirements do not apply to technical data or 
computer software that will be generated under the resulting contract. 
Notification and identification is not required for restrictions based 
solely on copyright.
    (c) Offers submitted in response to this solicitation shall 
identify, to the extent known at the time an offer is submitted to the 
Government, the technical data or computer software that the Offeror, 
its subcontractors or suppliers, or potential subcontractors or 
suppliers, assert should be furnished to the Government with 
restrictions on use, release, or disclosure.
    (d) The Offeror's assertions, including the assertions of its 
subcontractors or suppliers or potential subcontractors or suppliers 
shall be submitted as an attachment to its offer in the following 
format, dated and signed by an official authorized to contractually 
obligate the Offeror:

 Identification and Assertion of Restrictions on the Government's Use, 
      Release, or Disclosure of Technical Data or Computer Software

    The Offeror asserts for itself, or the persons identified below, 
that the Government's rights to use, release, or disclose the following 
technical data or computer software should be restricted:

--------------------------------------------------------------------------------------------------------------------------------------------------------
   Technical Data or Computer Software to be Furnished With                                                                   Name of Person Asserting  
                         Restrictions*                              Basis for Assertion**      Asserted Rights Category***        Restrictions****      
--------------------------------------------------------------------------------------------------------------------------------------------------------
                          (LIST)*****                                      (LIST)                        (LIST)                        (LIST)           
--------------------------------------------------------------------------------------------------------------------------------------------------------
*For technical data (other than computer software documentation) pertaining to items, components, or processes developed at private expense, identify   
  both the deliverable technical data and each such items, component, or process. For computer software or computer software documentation identify the 
  software or documentation.                                                                                                                            
**Generally, development at private expense, either exclusively or partially, is the only basis for asserting restrictions. For technical data, other   
  than computer software documentation, development refers to development of the item, component, or process to which the data pertain. The Government's
  rights in computer software documentation generally may not be restricted. For computer software, development refers to the software. Indicate whether
  development was accomplished exclusively or partially at private expense. If development was not accomplished at private expense, or for computer     
  software documentation, enter the specific basis for asserting restrictions.                                                                          
***Enter asserted rights category (e.g., government purpose license rights from a prior contract, rights in SBIR data generated under another contract, 
  limited, restricted, or government purpose rights under this or a prior contract, or specially negotiated licenses).                                  
****Corporation, individual, or other person, as appropriate.                                                                                           
*****Enter ``none'' when all data or software will be submitted without restrictions.                                                                   



[[Page 86]]

Date____________________________________________________________________

Printed Name and Title__________________________________________________

_______________________________________________________________________

Signature_______________________________________________________________

(End of identification and assertion)
    (e) An offeror's failure to submit, complete, or sign the 
notification and identification required by paragraph (d) of this 
provision with its offer may render the offer ineligible for award.
    (f) If the Offeror is awarded a contract, the assertions identified 
in paragraph (d) of this provision shall be listed in an attachment to 
that contract. Upon request by the Contracting Officer, the Offeror 
shall provide sufficient information to enable the Contracting Officer 
to evaluate any listed assertion.

                           (End of provision)

[60 FR 33498, June 28, 1994]



Sec. 252.227-7018  Rights in noncommercial technical data and computer software--Small Business Innovation Research (SBIR) Program.

    As prescribed in 227.7104(a), use the following clause:

  Rights in Noncommercial Technical Data and Computer Software--Small 
         Business Innovation Research (SBIR) Program (Jun. 1995)

    (a) Definitions. As used in this clause:
    (1) Commercial computer software means software developed or 
regularly used for nongovernmental purposes which--
    (i) Has been sold, leased, or licensed to the public;
    (ii) Has been offered for sale, lease, or license to the public;
    (iii) Has not been offered, sold, leased, or licensed to the public 
but will be available for commercial sale, lease, or license in time to 
satisfy the delivery requirements of this contract; or
    (iv) Satisfies a criterion expressed in paragraph (a)(1)(i), (ii), 
or (iii) of this clause and would require only minor modification to 
meet the requirements of this contract.
    (2) Computer database means a collection of recorded data in a form 
capable of being processed by a computer. The term does not include 
computer software.
    (3) Computer program means a set of instructions, rules, or 
routines, recorded in a form that is capable of causing a computer to 
perform a specific operation or series of operations.
    (4) Computer software means computer programs, source code, source 
code listings, object code listings, design details, algorithms, 
processes, flow charts, formulae, and related material that would enable 
the software to be reproduced, re-created, or recompiled. Computer 
software does not include computer databases or computer software 
documentation.
    (5) Computer software documentation means owner's manuals, user's 
manuals, installation instructions, operating instructions, and other 
similar items, regardless of storage medium, that explain the 
capabilities of the computer software or provide instructions for using 
the software.
    (6) Detailed manufacturing or process data means technical data that 
describe the steps, sequences, and conditions of manufacturing, 
processing or assembly used by the manufacturer to produce an item or 
component or to perform a process.
    (7) Developed means--
    (i) (Applicable to technical data other than computer software 
documentation.) An item, component, or process, exists and is workable. 
Thus, the item or component must have been constructed or the process 
practiced. Workability is generally established when the item, 
component, or process has been analyzed or tested sufficiently to 
demonstrate to reasonable people skilled in the applicable art that 
there is a high probability that it will operate as intended. Whether, 
how much, and what type of analysis or testing is required to establish 
workability depends on the nature of the item, component, or process, 
and the state of the art. To be considered ``developed,'' the item, 
component, or process need not be at the stage where it could be offered 
for sale or sold on the commercial market, nor must the item, component 
or process be actually reduced to practice within the meaning of Title 
35 of the United States Code;
    (ii) A computer program has been successfully operated in a computer 
and tested to the extent sufficient to demonstrate to reasonable persons 
skilled in the art that the program can reasonably be expected to 
perform its intended purpose;
    (iii) Computer software, other than computer programs, has been 
tested or analyzed to the extent sufficient to demonstrate to reasonable 
persons skilled in the art that the software can reasonably be expected 
to perform its intended purpose; or
    (iv) Computer software documentation required to be delivered under 
a contract has been written, in any medium, in sufficient detail to 
comply with requirements under that contract.
    (8) Developed exclusively at private expense means development was 
accomplished entirely with costs charged to indirect cost pools, costs 
not allocated to a government contract, or any combination thereof.
    (i) Private expense determinations should be made at the lowest 
practicable level.
    (ii) Under fixed-price contracts, when total costs are greater than 
the firm-fixed-price or ceiling price of the contract, the additional

[[Page 87]]

development costs necessary to complete development shall not be 
considered when determining whether development was at government, 
private, or mixed expense.
    (9) Developed exclusively with government funds means development 
was not accomplished exclusively or partially at private expense.
    (10) Developed with mixed funding means development was accomplished 
partially with costs charged to indirect cost pools and/or costs not 
allocated to a government contract, and partially with costs charged 
directly to a government contract.
    (11) Form, fit, and function data means technical data that describe 
the required overall physical, functional, and performance 
characteristics (along with the qualification requirements, if 
applicable) of an item, component, or process to the extent necessary to 
permit identification of physically and functionally interchangeable 
items.
    (12) Generated means technical data or computer software first 
created in the performance of this contract.
    (13) Government purpose means any activity in which the United 
States Government is a party, including cooperative agreements with 
international or multi-national defense organizations or sales or 
transfers by the United States Government to foreign governments or 
international organizations. Government purposes include competitive 
procurement, but do not include the rights to use, modify, reproduce, 
release, perform, display, or disclose technical data or computer 
software for commercial purposes or authorize others to do so.
    (14) Limited rights means the rights to use, modify, reproduce, 
release, perform, display, or disclose technical data, in whole or in 
part, within the Government. The Government may not, without the written 
permission of the party asserting limited rights, release or disclose 
the technical data outside the Government, use the technical data for 
manufacture, or permit the technical data to be used by another party, 
except that the Government may reproduce, release or disclose such data 
or permit the use or reproduction of the data by persons outside the 
Government if reproduction, release, disclosure, or use is--
    (i) Necessary for emergency repair and overhaul; or
    (ii) A release or disclosure of technical data (other than detailed 
manufacturing or process data) to, or use of such data by, a foreign 
government that is in the interest of the Government and is required for 
evaluational or informational purposes;
    (iii) Subject to a prohibition on the further reproduction, release 
disclosure, or use of the technical data; and
    (iv) The Contractor or subcontractor asserting the restriction is 
notified of such reproduction, release, disclosure, or use.
    (15) Minor modification means a modification that does not 
significantly alter the nongovernmental function or purpose of computer 
software or is of the type customarily provided in the commercial 
marketplace.
    (16) Noncommercial computer software means software that does not 
qualify as commercial computer software under paragraph (a)(1) of this 
clause.
    (17) Restricted rights apply only to noncommercial computer software 
and mean the Government's rights to--
    (i) Use a computer program with one computer at one time. The 
program may not be accessed by more than one terminal or central 
processing unit or time shared unless otherwise permitted by this 
contract;
    (ii) Transfer a computer program to another Government agency 
without the further permission of the Contractor if the transferor 
destroys all copies of the program and related computer software 
documentation in its possession and notifies the licensor of the 
transfer. Transferred programs remain subject to the provisions of this 
clause;
    (iii) Make the minimum number of copies of the computer software 
required for safekeeping (archive), backup, or modification purposes;
    (iv) Modify computer software provided that the Government may--
    (A) Use the modified software only as provided in paragraphs (a)(17) 
(i) and (iii) of this clause; and
    (B) Not release or disclose the modified software except as provided 
in paragraphs (a)(17) (ii), (v) and (vi) of this clause;
    (v) Permit contractors or subcontractors performing service 
contracts (see 37.101 of the Federal Acquisition Regulation) in support 
of this or a related contract to use computer software to diagnose and 
correct deficiencies in a computer program, to modify computer software 
to enable a computer program to be combined with, adapted to, or merged 
with other computer programs or when necessary to respond to urgent 
tactical situations, provided that--
    (A) The Government notifies the party which has granted restricted 
rights that a release or disclosure to particular contractors or 
subcontractors was made;
    (B) Such contractors or subcontractors are subject to the non-
disclosure agreement at 227.7103-7 of the Defense Federal Acquisition 
Regulation Supplement (DFARS or are Government contractors receiving 
access to the software for performance of a Government contract that 
contains the clause at DFARS 252.227-7025, Limitations on the Use or 
Disclosure of Government-Furnished Information Marked with Restrictive 
Legends;
    (C) The Government shall not permit the recipient to decompile 
disassemble, or reverse engineer the software, or use software

[[Page 88]]

decompiled, disassembled, or reverse engineered by the Government 
pursuant to paragraph (a)(17)(iv) of this clause, for any other purpose; 
and
    (D) Such use is subject to the limitation in paragraph (a)(17)(i) of 
this clause; and
    (vi) Permit contractors or subcontractors performing emergency 
repairs or overhaul of items or components of items, procured under this 
or a related contract to use the computer software when necessary to 
perform the repairs or overhaul, or to modify the computer software to 
reflect the repairs or overhaul made, provided that--
    (A) The intended recipient is subject to the non-disclosure 
agreement at DFARS 227.7103-7 or is a Government contractor receiving 
access to the software for performance of a Government contract that 
contains the clause at DFARS 252.227-7025, Limitations on the Use or 
Disclosure of Government Furnished Information Marked with Restrictive 
Legends; and
    (B) The Government shall not permit the recipient to decompile, 
disassemble, or reverse engineer the software, or use software 
decompiled, disassembled, or reverse engineered by the Government 
pursuant to paragraph (a)(17)(iv) of this clause, for any other purpose.
    (18) SBIR data rights means a royalty-free license for the 
Government, including its support service contractors, to use, modify, 
reproduce, release, perform, display, or disclose technical data or 
computer software generated and delivered under this contract for any 
United States Government purpose.
    (19) Technical data means recorded information, regardless of the 
form or method of the recording, of a scientific or technical nature 
(including computer software documentation). The term does not include 
computer software or data incidental to contract administration, such as 
financial and/or management information.
    (20) Unlimited rights means rights to use, modify, reproduce, 
release, perform, display, or disclose, technical data or computer 
software in whole or in part, in any manner and for any purpose 
whatsoever, and to have or authorize others to do so.
    (b) Rights in technical data and computer software. The Contractor 
grants or shall obtain for the Government the following royalty-free, 
world-wide, nonexclusive, irrevocable license rights in technical data 
or noncommercial computer software. All rights not granted to the 
Government are retained by the Contractor.
    (1) Unlimited rights.  The Government shall have unlimited rights in 
technical data, including computer software documentation, or computer 
software generated under this contract that are--
    (i) Form, fit, and function data;
    (ii) Necessary for installation, operation, maintenance, or training 
purposes (other than detailed manufacturing or process data);
    (iii) Corrections or changes to Government-furnished technical data 
or computer software;
    (iv) Otherwise publicly available or have been released or disclosed 
by the Contractor or a subcontractor without restrictions on further 
use, release or disclosure other than a release or disclosure resulting 
from the sale, transfer, or other assignment of interest in the 
technical data or computer software to another party or the sale or 
transfer of some or all of a business entity or its assets to another 
party;
    (v) Data or software in which the Government has acquired previously 
unlimited rights under another Government contract or through a specific 
license; and
    (vi) SBIR data upon expiration of the SBIR data rights period.
    (2) Limited rights. The Government shall have limited rights in 
technical data, that were not generated under this contract, pertain to 
items, components or processes developed exclusively at private expense, 
and are marked, in accordance with the marking instructions in paragraph 
(f)(1) of this clause, with the legend prescribed in paragraph (f)(2) of 
this clause.
    (3) Restricted rights in computer software. The Government shall 
have restricted rights in noncommercial computer software required to be 
delivered or otherwise furnished to the Government under this contract 
that were developed exclusively at private expense and were not 
generated under this contract.
    (4) SBIR data rights. (i) Except for technical data, including 
computer software documentation, or computer software in which the 
Government has unlimited rights under paragraph (b)(1) of this clause, 
the Government shall have SBIR data rights in all technical data or 
computer software generated under this contract during the period 
commencing with contract award and ending upon the date five years after 
completion of the project from which such data were generated.
    (ii) The Government may not release or disclose SBIR data to any 
person, other than its support services contractors, except--
    (A) As expressly permitted by the Contractor;
    (B) For evaluation purposes; or
    (C) A release, disclosure, or use that is necessary for emergency 
repair or overhaul of items operated by the Government.
    (iii) A release or disclosure of SBIR data to the Government's 
support services contractors, or a release or disclosure under paragraph 
(b)(4)(ii)(B) or (C) of this clause, may be made only if, prior to 
release or disclosure, the intended recipient is subject to the use and 
non-disclosure agreement at DFARS

[[Page 89]]

227.7103-7 or is a Government contractor receiving access to the 
technical data or software for performance of a Government contract that 
contains the clause at DFARS 252.227-7025, Limitations on the Use of 
Disclosure of Government-Furnished Information Marked with Restrictive 
Legends.
    (5) Specifically negotiated license rights. The standard license 
rights granted to the Government under paragraphs (b)(1) through (b)(4) 
of this clause may be modified by mutual agreement to provide such 
rights as the parties consider appropriate but shall not provide the 
Government lesser rights in technical data, including computer software 
documentation, than are enumerated in paragraph (a)(14) of this clause 
or lesser rights in computer software than are enumerated in paragraph 
(a)(17) of this clause. Any rights so negotiated shall be identified in 
a license agreement made part of this contract.
    (6) Prior government rights. Technical data, including computer 
software documentation, or computer software that will be delivered, 
furnished, or otherwise provided to the Government under this contract, 
in which the Government has previously obtained rights shall be 
delivered, furnished, or provided with the pre-existing rights, unless--
    (i) The parties have agreed otherwise; or
    (ii) Any restrictions on the Government's rights to use, modify, 
release, perform, display, or disclose the technical data or computer 
software have expired or no longer apply.
    (7) Release from liability. The Contractor agrees to release the 
Government from liability for any release or disclosure of technical 
data, computer software, or computer software documentation made in 
accordance with paragraph (a)(14), (a)(17), or (b)(4) of this clause, or 
in accordance with the terms of a license negotiated under paragraph 
(b)(5) of this clause, or by others to whom the recipient has released 
or disclosed the data, software, or documentation and to seek relief 
solely from the party who has improperly used, modified, reproduced, 
released, performed, displayed, or disclosed Contractor data or software 
marked with restrictive legends.
    (c) Rights in derivative computer software or computer software 
documentation. The Government shall retain its rights in the unchanged 
portions of any computer software or computer software documentation 
delivered under this contract that the Contractor uses to prepare, or 
includes in, derivative software or documentation.
    (d) Third party copyrighted technical data and computer software. 
The Contractor shall not, without the written approval of the 
Contracting Officer, incorporate any copyrighted technical data, 
including computer software documentation, or computer software in the 
data or software to be delivered under this contract unless the 
Contractor is the copyright owner or has obtained for the Government the 
license rights necessary to perfect a license or licenses in the 
deliverable data or software of the appropriate scope set forth in 
paragraph (b) of this clause and, prior to delivery of such--
    (1) Technical data, has affixed to the transmittal document a 
statement of the license rights obtained; or
    (2) Computer software, has provided a statement of the license 
rights obtained in a form acceptable to the Contracting Officer.
    (e) Identification and delivery of technical data or computer 
software to be furnished with restrictions on use, release, or 
disclosure. (1) This paragraph does not apply to technical data or 
computer software that were or will be generated under this contract or 
to restrictions based solely on copyright.
    (2) Except as provided in paragraph (e)(3) of this clause, technical 
data or computer software that the Contractor asserts should be 
furnished to the Government with restrictions on use, release, or 
disclosure is identified in an attachment to this contract (the 
Attachment). The Contractor shall not deliver any technical data or 
computer software with restrictive markings unless the technical data or 
computer software are listed on the Attachment.
    (3) In addition to the assertions made in the Attachment, other 
assertions may be identified after award when based on new information 
or inadvertent omissions unless the inadvertent omissions would have 
materially affected the source selection decision. Such identification 
and assertion shall be submitted to the Contracting Officer as soon as 
practicable prior to the scheduled date for delivery of the technical 
data or computer software, in the following format, and signed by an 
official authorized to contractually obligate the Contractor:

 Identification and Assertion of Restrictions on the Government's Use, 
      Release, or Disclosure of Technical Data or Computer Software

    The Contractor asserts for itself, or the persons identified below, 
that the Government's rights to use, release, or disclose the following 
technical data or computer software should be restricted:

----------------------------------------------------------------------------------------------------------------
Technical data or computer software to    Basis for assertion      Asserted rights      Name of person asserting
  be furnished with restrictions \1\              \2\                category \3\           restrictions \4\    
----------------------------------------------------------------------------------------------------------------
(LIST)................................  (LIST)................  (LIST)...............  (LIST)                   
----------------------------------------------------------------------------------------------------------------
\1\ If the assertion is applicable to items, components, or processes developed at private expense, identify    
  both the technical data and each such item, component, or process.                                            

[[Page 90]]

                                                                                                                
\2\ Generally, development at private expense, either exclusively or partially, is the only basis for asserting 
  restrictions on the Government's rights to use, release, or disclose technical data or computer software.     
  Indicate whether development was exclusively or partially at private expense. If development was not at       
  private expense, enter the specific reason for asserting that the Government's rights should be restricted.   
\3\ Enter asserted rights category (e.g., limited rights, restricted rights, government purpose rights, or      
  government purpose license rights from a prior contract, SBIR data rights under another contract, or          
  specifically negotiated licenses).                                                                            
\4\ Corporation, individual, or other person, as appropriate.                                                   

Date____________________________________________________________________

Printed Name and Title__________________________________________________

Signature_______________________________________________________________

                  (End of identification and assertion)

    (4) When requested by the Contracting Officer, the Contractor shall 
provide sufficient information to enable the Contracting Officer to 
evaluate the Contractor's assertions. The Contracting Officer reserves 
the right to add the Contractor's assertions to the Attachment and 
validate any listed assertions, at a later date, in accordance with the 
procedures of the Validation of Asserted Restrictions--Computer Software 
and/or Validation of Restrictive Markings on Technical Data clauses of 
this contract.
    (f) Marking requirements. The Contractor, and its subcontractors or 
suppliers, may only assert restrictions on the Government's rights to 
use, modify, reproduce, release, perform, display, or disclose technical 
data or computer software to be delivered under this contract by marking 
the deliverable data or software subject to restriction. Except as 
provided in paragraph (f)(6) of this clause, only the following markings 
are authorized under this contract: the limited rights legend at 
paragraph (f)(2) of this clause; the restricted rights legend at 
paragraph (f)(3) of this clause, the SBIR data rights legend at 
paragraph (f)(4) of this clause, or the special license rights legend at 
paragraphs (f)(5) of this clause; and/or a notice of copyright as 
prescribed under 17 U.S.C. 401 or 402.
    (1) General marking instructions. The Contractor, or its 
subcontractors or suppliers, shall conspicuously and legibly mark the 
appropriate legend to all technical data and computer software that 
qualify for such markings. The authorized legends shall be placed on the 
transmittal document or storage container and, for printed material, 
each page of the printed material containing technical data or computer 
software for which restrictions are asserted. When only portions of a 
page of printed material are subject to the asserted restrictions, such 
portions shall be identified by circling, underscoring, with a note, or 
other appropriate identifier. Technical data or computer software 
transmitted directly from one computer or computer terminal to another 
shall contain a notice of asserted restrictions. However, instructions 
that interfere with or delay the operation of computer software in order 
to display a restrictive rights legend or other license statement at any 
time prior to or during use of the computer software, or otherwise cause 
such interference or delay, shall not be inserted in software that will 
or might be used in combat or situations that simulate combat 
conditions, unless the Contracting Officer's written permission to 
deliver such software has been obtained prior to delivery. Reproductions 
of technical data, computer software, or any portions thereof subject to 
asserted restrictions shall also reproduce the asserted restrictions.
    (2) Limited rights markings. Technical data not generated under this 
contract that pertain to items, components, or processes developed 
exclusively at private expense and delivered or otherwise furnished with 
limited rights shall be marked with the following legend:

                             Limited Rights

Contract No.____________________________________________________________

Contractor Name_________________________________________________________

Contractor Address______________________________________________________

_______________________________________________________________________

The Government's rights to use, modify, reproduce, release, perform, 
display, or disclose these technical data are restricted by paragraph 
(b)(2) of the Rights in Noncommercial Technical Data and Computer 
Software--Small Business Innovative Research (SBIR) Program clause 
contained in the above identified contract. Any reproduction of 
technical data or portions thereof marked with this legend must also 
reproduce the markings. Any person, other than the Government, who has 
been provided access to such data must promptly notify the above named 
Contractor.

                             (End of legend)

    (3) Restricted rights markings. Computer software delivered or 
otherwise furnished to the Government with restricted rights shall be 
marked with the following legend:

                            Restricted Rights

Contract No.____________________________________________________________

Contractor Name_________________________________________________________

Contractor Address______________________________________________________


[[Page 91]]

________________________________________________________________________
_______________________________________________________________________

The Government's rights to use, modify, reproduce, release, perform, 
display, or disclose this software are restricted by paragraph (b)(3) of 
the Rights in Noncommercial Technical Data and Computer Software--Small 
Business Innovative Research (SBIR) Program clause contained in the 
above identified contract. Any reproduction of computer software or 
portions thereof marked with this legend must also reproduce the 
markings. Any person, other than the Government, who has been provided 
access to such data must promptly notify the above named Contractor.

                             (End of legend)

    (4) SBIR data rights markings: Except for technical data or computer 
software in which the Government has acquired unlimited rights under 
paragraph (b)(1) of this clause, or negotiated special license rights as 
provided in paragraph (b)(5) of this clause, technical data or computer 
software generated under this contract shall be marked with the 
following legend. The Contractor shall enter the expiration date for the 
SBIR data rights period on the legend:

                            SBIR Data Rights

Contract No.____________________________________________________________

Contractor Name_________________________________________________________

Address_________________________________________________________________

_______________________________________________________________________

Expiration of SBIR Data Rights Period___________________________________

The Government's rights to use, modify, reproduce, release, perform, 
display, or disclose technical data or computer software marked with 
this legend are restricted during the period shown as provided in 
paragraph (b)(4) of the Rights in Noncommercial Technical Data and 
Computer Software--Small Business Innovative Research (SBIR) Program 
clause contained in the above identified contract. No restrictions apply 
after the expiration date shown above. Any reproduction of technical 
data, computer software, or portions thereof marked with this legend 
must also reproduce the markings.

                             (End of legend)

    (5) Special license rights markings. (i) Technical data or computer 
software in which the Government's rights stem from a specifically 
negotiated license shall be marked with the following legend:

                         Special License Rights

    The Government's rights to use, modify, reproduce, release, perform, 
display, or disclose this technical data or computer software are 
restricted by Contract No. ________________ (Insert contract number) 
________________, License No. ________________ (Insert license 
identifier) ________________. Any reproduction of technical data, 
computer software, or portions thereof marked with this legend must also 
reproduce the markings.

                             (End of legend)

    (ii) For purposes of this clause, special licenses do not include 
government purpose license rights acquired under a prior contract (see 
paragraph (b)(6) of this clause).
    (6) Pre-existing data markings. If the terms of a prior contract or 
license permitted the Contractor to restrict the Government's rights to 
use, modify, reproduce, release, perform, display, or disclose technical 
data or computer software, and those restrictions are still applicable, 
the Contractor may mark such data or software with the appropriate 
restrictive legend for which the data or software qualified under the 
prior contract or license. The marking procedures in paragraph (f)(1) of 
this clause shall be followed.
    (g) Contractor procedures and records. Throughout performance of 
this contract, the Contractor, and its subcontractors or suppliers that 
will deliver technical data or computer software with other than 
unlimited rights, shall--
    (1) Have, maintain, and follow written procedures sufficient to 
assure that restrictive markings are used only when authorized by the 
terms of this clause; and
    (2) Maintain records sufficient to justify the validity of any 
restrictive markings on technical data or computer software delivered 
under this contract.
    (h) Removal of unjustified and nonconforming markings.
    (1) Unjustified markings. The rights and obligations of the parties 
regarding the validation of restrictive markings on technical data or 
computer software furnished or to be furnished under this contract are 
contained in the Validation of Restrictive Markings on Technical Data 
and the Validation of Asserted Restrictions--Computer Software clauses 
of this contract, respectively. Notwithstanding any provision of this 
contract concerning inspection and acceptance, the Government may ignore 
or, at the Contractor's expense, correct or strike a marking if, in 
accordance with the applicable procedures of those clauses, a 
restrictive marking is determined to be unjustified.
    (2) Nonconforming markings. A nonconforming marking is a marking 
placed on technical data or computer software delivered or otherwise 
furnished to the Government under this contract that is not in the 
format authorized by this contract. Correction of nonconforming markings 
is not subject to the Validation of Restrictive Markings on Technical 
Data or the Validation of Asserted

[[Page 92]]

Restrictions--Computer Software clause of this contract. If the 
Contracting Officer notifies the Contractor of a nonconforming marking 
or markings and the Contractor fails to remove or correct such markings 
within sixty (6)) days, the Government may ignore or, at the 
Contractor's expense, remove or correct any nonconforming markings.
    (i) Relation to patents. Nothing contained in this clause shall 
imply a license to the Government under any patent or be construed as 
affecting the scope of any license or other right otherwise granted to 
the Government under any patent.
    (j) Limitation on charges for rights in technical data or computer 
software. (1) The Contractor shall not charge to this contract any cost, 
including but not limited to, license fees, royalties, or similar 
charges, for rights in technical data or computer software to be 
delivered under this contract when--
    (i) The Government has acquired, by any means, the same or greater 
rights in the data or software; or
    (ii) The data are available to the public without restrictions.
    (2) The limitation in paragraph (j)(1) of this clause--
    (i) Includes costs charged by a subcontractor or supplier, at any 
tier, or costs incurred by the Contractor to acquire rights in 
subcontractor of supplier technical data or computer software, if the 
subcontractor or supplier has been paid for such rights under any other 
Government contract or under a license conveying the rights to the 
Government; and
    (ii) Does not include the reasonable costs of reproducing, handling, 
or mailing the documents or other media in which the technical data or 
computer software will be delivered.
    (k) Applicability to subcontractors or suppliers. (1) the Contractor 
shall assure that the rights afforded its subcontractors and suppliers 
under 10 U.S.C. 2320, 10 U.S.C. 2321, and the identification, assertion, 
and delivery processes required by paragraph (e) of this clause are 
recognized and protected.
    (2) Whenever any noncommercial technical data or computer software 
is to be obtained from a subcontractor or supplier for delivery to the 
Government under this contract, the Contractor shall use this same 
clause in the subcontract or other contractual instrument, and require 
its subcontractors or suppliers to do so, without alteration, except to 
identify the parties. The Contractor shall use the Technical Data--
Commercial Items clause of this contract to obtain technical data 
pertaining to commercial items, components, or processes. No other 
clause shall be used to enlarge or diminish the Government's, the 
Contractor's, or a higher tier subcontractor's or supplier's rights in a 
subcontractor's or supplier's technical data or computer software.
    (3) Technical data required to be delivered by a subcontractor or 
supplier shall normally be delivered to the next higher tier contractor, 
subcontractor, or supplier. However, when there is a requirement in the 
prime contract for technical data which may be submitted with other than 
unlimited rights by a subcontractor or supplier, then said subcontractor 
or supplier may fulfill its requirement by submitting such technical 
data directly to the Government, rather than through a higher tier 
contractor, subcontractor, or supplier.
    (4) The Contractor and higher tier subcontractors or suppliers shall 
not use their power to award contracts as economic leverage to obtain 
rights in technical data or computer software from their subcontractors 
or suppliers.
    (5) In no event shall the Contractor use its obligation to recognize 
and protect subcontractor or supplier rights in technical data or 
computer software as an excuse for failing to satisfy its contractual 
obligation to the Government.

                             (End of clause)

                         Alternate I (June 1995)

    As prescribed in 227.7104(d), add the following paragraph (l) to the 
basic clause:
    (l) Publication for sale. (1) This paragraph applies only to 
technical data or computer software delivered to the Government with 
SBIR data rights.
    (2) Upon expiration of the SBIR data rights period, the Government 
will not exercise its right to publish or authorize others to publish an 
item of technical data or computer software identified in this contract 
as being subject to paragraph (l) of this clause if the Contractor, 
prior to the expiration of the SBIR data rights period, or within two 
years following delivery of the data or software item, or within twenty-
four months following the removal of any national security or export 
control restrictions, whichever is later, publishes such data or 
software item(s) and promptly notifies the Contracting Officer of such 
publication(s). Any such publication(s) shall include a notice 
identifying the number of this contract and the Government's rights in 
the published data.
    (3) This limitation on the Government's right to publish for sale 
shall continue as long as the technical data or computer software are 
reasonably available to the public for purchase.

[60 FR 33499, June 28, 1995, as amended at 60 FR 61602, Nov. 30, 1995]

[[Page 93]]



Sec. 252.227-7019  Validation of asserted restrictions--Computer software.

    As prescribed in 227.7104(e)(3) or 227.7203-6(c), use the following 
clause:

   Validation of Asserted Restrictions--Computer Software (June 1995)

    (a) Definitions. (1) As used in this clause, unless otherwise 
specifically indicated, the term ``Contractor'' means the Contractor and 
its subcontractors or suppliers.
    (2) Other terms used in this clause are defined in the Rights in 
Noncommercial Computer Software and Noncommercial Computer Software 
Documentation clause of this contract.
    (b) Justification. The Contractor shall maintain records sufficient 
to justify the validity of any markings that assert restrictions on the 
Government's rights to use, modify, reproduce, perform, display, 
release, or disclose computer software delivered or required to be 
delivered under this contract and shall be prepared to furnish to the 
Contracting Officer a written justification for such restrictive 
markings in response to a request for information under paragraph (d) or 
a challenge under paragraph (f) of this clause.
    (c) Direct contact with subcontractors or suppliers. The Contractor 
agrees that the Contracting Officer may transact matters under this 
clause directly with subcontractors or suppliers at any tier who assert 
restrictions on the Government's right to use, modify, reproduce, 
release, perform, display, or disclose computer software. Neither this 
clause, nor any action taken by the Government under this clause, 
creates or implies privity of contract between the Government and the 
Contractor's subcontractors or suppliers.
    (d) Requests for information. (1) The Contracting Officer may 
request the Contractor to provide sufficient information to enable the 
Contracting Officer to evaluate the Contractor's asserted restrictions. 
Such information shall be based upon the records required by this clause 
or other information reasonably available to the Contractor.
    (2) Based upon the information provided, if the--
    (i) Contractor agrees that an asserted restriction is not valid, the 
Contracting Officer may--
    (A) Strike or correct the unjustified marking at the Contractor's 
expense; or
    (B) Return the computer software to the Contractor for correction at 
the Contractor's expense. If the Contractor fails to correct or strike 
the unjustified restrictions and return the corrected software to the 
Contracting Officer within sixty (60) days following receipt of the 
software, the Contracting Officer may correct the strike the markings at 
the Contractor's expense.
    (ii) Contracting Officer concludes that the asserted restriction is 
appropriate for this contract, the Contracting Officer shall so notify 
the Contractor in writing.
    (3) The Contractor's failure to provide a timely response to a 
Contracting Officer's request for information or failure to provide 
sufficient information to enable the Contracting Officer to evaluate an 
asserted restriction shall constitute reasonable grounds for questioning 
the validity of an asserted restriction.
    (e) Government right to challenge and validate asserted 
restrictions. (1) The Government, when there are reasonable grounds to 
do so, has the right to review and challenge the validity of any 
restrictions asserted by the Contractor on the Government's rights to 
use, modify, reproduce, release, perform, display, or disclose computer 
software delivered, to be delivered under this contract, or otherwise 
provided to the Government in the performance of this contract. Except 
for software that is publicly available, has been furnished to the 
Government without restrictions, or has been otherwise made available 
without restrictions, the Government may exercise this right only within 
three years after the date(s) the software is delivered or otherwise 
furnished to the Government, or three years following final payment 
under this contract, whichever is later.
    (2) The absence of a challenge to an asserted restriction shall not 
constitute validation under this clause. Only a Contracting Officer's 
final decision or actions of an agency Board of Contract Appeals or a 
court of competent jurisdiction that sustain the validity of an asserted 
restriction constitute validation of the restriction.
    (f) Challenge procedures. (1) A challenge must be in writing and 
shall--
    (i) State the specific grounds for challenging the asserted 
restriction;
    (ii) Require the Contractor to respond within sixty (60) days;
    (iii) Require the Contractor to provide justification for the 
assertion based upon records kept in accordance with paragraph (b) of 
this clause and such other documentation that are reasonably available 
to the Contractor, in sufficient detail to enable the Contracting 
Officer to determine the validity of the asserted restrictions; and
    (iv) State that a Contracting Officer's final decision, during the 
three-year period preceding this challenge, or action of a court of 
competent jurisdiction or Board of Contract Appeals that sustained the 
validity of an identical assertion made by the Contractor (or a 
licensee) shall serve as justification for the asserted restriction.
    (2) The Contracting Officer shall extend the time for response if 
the Contractor submits a written request showing the need for additional 
time to prepare a response.

[[Page 94]]

    (3) The Contracting Officer may request additional supporting 
documentation if, in the Contracting Officer's opinion, the Contractor's 
explanation does not provide sufficient evidence to justify the validity 
of the asserted restrictions. The Contractor agrees to promptly respond 
to the Contracting Officer's request for additional supporting 
documentation.
    (4) Notwithstanding challenge by the Contracting Officer, the 
parties may agree on the disposition of an asserted restriction at any 
time prior to a Contracting Officer's final decision or, if the 
Contractor has appealed that decision, filed suit, or provided notice of 
an intent to file suit, at any time prior to a decision by a court of 
competent jurisdiction or Board of Contract Appeals.
    (5) If the Contractor fails to respond to the Contracting Officer's 
request for information or additional information under paragraph (f)(1) 
of this clause, the Contracting Officer shall issue a final decision, in 
accordance with the Disputes clause of this contract, pertaining to the 
validity of the asserted restriction.
    (6) If the Contracting Officer, after reviewing the written 
explanation furnished pursuant to paragraph (f)(1) of this clause, or 
any other available information pertaining to the validity of an 
asserted restriction, determines that the asserted restriction has--
    (i) Not been justified, the Contracting Officer shall issue promptly 
a final decision, in accordance with the Disputes clause of this 
contract, denying the validity of the asserted restriction; or
    (ii) Been justified, the Contracting Officer shall issue promptly a 
final decision, in accordance with the Disputes clause of this contract, 
validating the asserted restriction.
    (7) A Contractor receiving challenges to the same asserted 
restriction(s) from more than one Contracting Officer shall notify each 
Contracting Officer of the other challenges. The notice shall also state 
which Contracting Officer initiated the first in time unanswered 
challenge. The Contracting Officer who initiated the first in time 
unanswered challenge, after consultation with the other Contracting 
Officers who have challenged the restrictions and the Contractor, shall 
formulate and distribute a schedule that provides the contractor a 
reasonable opportunity for responding to each challenge.
    (g) Contractor appeal--Government obligation. (1) The Government 
agrees that, notwithstanding a Contracting Officer's final decision 
denying the validity of an asserted restriction and except as provided 
in paragraph (g)(3) of this clause, it will honor the asserted 
restriction--
    (i) For a period of ninety (90) days from the date of the 
Contracting Officer's final decision to allow the Contractor to appeal 
to the appropriate Board of Contract Appeals or to file suit in an 
appropriate court;
    (ii) For a period of one year from the date of the Contracting 
Officer's final decision if, within the first ninety (90) days following 
the Contracting Officer's final decision, the Contractor has provided 
notice of an intent to file suit in an appropriate court; or
    (iii) Until final disposition by the appropriate Board of Contract 
Appeals or court of competent jurisdiction, if the Contractor has: (A) 
appealed to the Board of Contract Appeals or filed suit an appropriate 
court within ninety (90) days; or (B) submitted, within ninety (90) 
days, a notice of intent to file suit in an appropriate court and filed 
suit within one year.
    (2) The Contractor agrees that the Government may strike, correct, 
or ignore the restrictive markings if the Contractor fails to--
    (i) Appeal to a Board of Contract Appeals within ninety (90) days 
from the date of the Contracting Officer's final decision;
    (ii) File suit in an appropriate court within ninety (90) days from 
such date; or
    (iii) File suit within one year after the date of the Contracting 
Officer's final decision if the Contractor had provided notice of intent 
to file suit within ninety (90) days following the date of the 
Contracting Officer's final decision.
    (3) The agency head, on a nondelegable basis, may determine that 
urgent or compelling circumstances do not permit awaiting the filing of 
suit in an appropriate court, or the rendering of a decision by a court 
of competent jurisdiction or Board of Contract Appeals. In that event, 
the agency head shall notify the Contractor of the urgent or compelling 
circumstances. Notwithstanding paragraph (g)(1) of this clause, the 
Contractor agrees that the agency may use, modify, reproduce, release, 
perform, display, or disclose computer software marked with (i) 
government purpose legends for any purpose, and authorize others to do 
so; or (ii) restricted or special license rights for government purposes 
only. The Government agrees not to release or disclose such software 
unless, prior to release or disclosure, the intended recipient is 
subject to the use and non-disclosure agreement at 227.7103-7 of the 
Defense Federal Acquisition Regulation Supplement (DFARS), or is a 
Government contractor receiving access to the software for performance 
of a Government contract that contains the clause at DFARS 252.227-7025, 
Limitations on the Use or Disclosure of Government-Furnished Information 
Marked with Restrictive Legends. The agency head's determination may be 
made at any time after the date of the Contracting Officer's final 
decision and shall not affect the Contractor's right to damages against 
the United States, or other relief provided by law, if its asserted 
restrictions are ultimately upheld.

[[Page 95]]

    (h) Final disposition of appeal or suit. If the Contractor appeals 
or files suit and if, upon final disposition of the appeal or suit, the 
Contracting Officer's decision is:
    (1) Sustained--
    (i) Any restrictive marking on such computer software shall be 
struck or corrected at the contractor's expense or ignored; and
    (ii) If the asserted restriction is found not to be substantially 
justified, the Contractor shall be liable to the Government for payment 
of the cost to the Government of reviewing the asserted restriction and 
the fees and other expenses (as defined in 28 U.S.C. 2412(d)(2)(A)) 
incurred by the Government in challenging the restriction, unless 
special circumstances would make such payment unjust.
    (2) Not sustained--
    (i) The Government shall be bound by the asserted restriction; and
    (ii) If the challenge by the Government is found not to have been 
made in good faith, the Government shall be liable to the Contractor for 
payment of fees and other expenses (as defined in 28 U.S.C. 
2412(d)(2)(A)) incurred by the Contractor in defending the restriction.
    (i) Flowdown. The Contractor shall insert this clause in all 
contracts, purchase orders, and other similar instruments with its 
subcontractors or suppliers, at any tier, who will be furnishing 
computer software to the Government in the performance of this contract. 
The clause may not be altered other than to identify the appropriate 
parties.

                             (End of clause)

[60 FR 33503, June 28, 1995]



Sec. 252.227-7020  Rights in special works.

    As prescribed in 227.7105-3, 227.7106(a) or 227.7205(a), use the 
following clause:

                   Rights in Special Works (June 1995)

    (a) Applicability. This clause applies to works first created, 
generated, or produced and required to be delivered under this contract.
    (b) Definitions. As used in this clause:
    (1) ``Computer data base'' means a collection of data recorded in a 
form capable of being processed by a computer. The term does not include 
computer software.
    (2) ``Computer program'' means a set of instructions, rules, or 
routines recorded in a form that is capable of causing a computer to 
perform a specific operation or series of operations.
    (3) ``Computer software'' means computer programs, source code, 
source code listings, object code listings, design details, algorithms, 
processes, flow charts, formulae and related material that would enable 
the software to be reproduced, recreated, or recompiled. Computer 
software does not include computer data bases or computer software 
documentation.
    (4) ``Computer software documentation'' means owner's manuals, 
user's manuals, installation instructions, operating instructions, and 
other similar items, regardless of storage medium, that explain the 
capabilities of the computer software or provide instructions for using 
the software.
    (5) ``Unlimited rights'' means the rights to use, modify, reproduce, 
perform, display, release, or disclose a work in whole or in part, in 
any manner, and for any purpose whatsoever, and to have or authorize 
others to do so.
    (6) The term ``works'' includes computer data bases, computer 
software, or computer software documentation; literary, musical, 
choreographic, or dramatic compositions; pantomimes; pictorial, graphic, 
or sculptural compositions; motion pictures and other audiovisual 
compositions; sound recordings in any medium; or, items of similar 
nature.
    (c) License rights. (1) The Government shall have unlimited rights 
in works first produced, created, or generated and required to be 
delivered under this contract.
    (2) When a work is first produced, created, or generated under this 
contract, and such work is required to be delivered under this contract, 
the Contractor shall assign copyright in those works to the Government. 
The Contractor, unless directed to the contrary by the Contracting 
Officer, shall place the following notice on such works: `` 
(Year date of delivery) United States Government, as represented by the 
Secretary of (department). All rights reserved.''
    For phonorecords, the ``'' markings shall be replaced by 
a ``P''.
    (3) The Contractor grants to the Government a royalty-free, world-
wide, nonexclusive, irrevocable license to reproduce, prepare derivative 
works from, distribute, perform, or display, and to have or authorize 
others to do so, the Contractor's copyrighted works not first produced, 
created, or generated under this contract that have been incorporated 
into the works deliverable under this contract.
    (d) Third party copyrighted data. The Contractor shall not 
incorporate, without the written approval of the Contracting Officer, 
any copyrighted works in the works to be delivered under this contract 
unless the Contractor is the copyright owner or has obtained for the 
Government the license rights necessary to perfect a license of the 
scope identified in paragraph (c)(3) of this clause and, prior to 
delivery of such works--
    (1) Has affixed to the transmittal document a statement of the 
license rights obtained; or

[[Page 96]]

    (2) For computer software, has provided a statement of the license 
rights obtained in a form acceptable to the Contracting Officer.
    (e) Indemnification. The Contractor shall indemnify and save and 
hold harmless the Government, and its officers, agents and employees 
acting for the Government, against any liability, including costs and 
expenses, (1) for violation of proprietary rights, copyrights, or rights 
of privacy or publicity, arising out of the creation, delivery, use, 
modification, reproduction, release, performance, display, or disclosure 
of any works furnished under this contract, or (2) based upon any 
libelous or other unlawful matter contained in such works.
    (f) Government-furnished information. Paragraphs (d) and (e) of this 
clause are not applicable to information furnished to the Contractor by 
the Government and incorporated in the works delivered under this 
contract.

                             (End of clause)

[60 FR 33504, June 28, 1995]



Sec. 252.227-7021  Rights in data--existing works.

    As prescribed at 227.7105-2(a), use the following clause:

               Rights in Data--Existing Works (Mar. 1979)

    (a) The term works as used herein includes literary, musical, and 
dramatic works; pantomimes and choreographic works; pictorial, graphic 
and sculptural works; motion pictures and other audiovisual works; sound 
recordings; and works of a similar nature. The term does not include 
financial reports, cost analyses, and other information incidental to 
contract administration.
    (b) Except as otherwise provided in this contract, the Contractor 
hereby grants to the Government a nonexclusive, paid-up license 
throughout the world (1) to distribute, perform publicly, and display 
publicly the works called for under this contract and (2) to authorize 
others to do so for Government purposes.
    (c) The Contractor shall indemnify and save and hold harmless the 
Government, and its officers, agents, and employees acting for the 
Government, against any liability, including costs and expenses, (1) for 
violation of proprietary rights, copyrights, or rights of privacy or 
publicity arising out of the creation, delivery, or use, of any works 
furnished under this contract, or (2) based upon any libelous or other 
unlawful matter contained in same works.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 60 FR 33504, June 28, 1994]



Sec. 252.227-7022  Government rights (unlimited).

    As prescribed at 227.7107-1(a), use the following clause:

                Government Rights (Unlimited) (Mar. 1979)

    The Government shall have unlimited rights, in all drawings, 
designs, specifications, notes and other works developed in the 
performance of this contract, including the right to use same on any 
other Government design or construction without additional compensation 
to the Contractor. The Contractor hereby grants to the Government a 
paid-up license throughout the world to all such works to which he may 
assert or establish any claim under design patent or copyright laws. The 
Contractor for a period of three (3) years after completion of the 
project agrees to furnish the original or copies of all such works on 
the request of the Contracting Officer.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 60 FR 33504, June 28, 1994]



Sec. 252.227-7023  Drawings and other data to become property of government.

    As prescribed at 227.7107-1(b), use the following clause:

  Drawings and Other Data to Become Property of Government (Mar. 1979)

    All designs, drawings, specifications, notes and other works 
developed in the performance of this contract shall become the sole 
property of the Government and may be used on any other design or 
construction without additional compensation to the Contractor. The 
Government shall be considered the ``person for whom the work was 
prepared'' for the purpose of authorship in any copyrightable work under 
17 U.S.C. 201(b). With respect thereto, the Contractor agrees not to 
assert or authorize others to assert any rights nor establish any claim 
under the design patent or copyright laws. The Contractor for a period 
of three (3) years after completion of the project agrees to furnish all 
retained works on the request of the Contracting Officer. Unless 
otherwise provided in this contract, the Contractor shall have the right 
to retain copies of all works beyond such period.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 60 FR 33505, June 28, 1995]

[[Page 97]]



Sec. 252.227-7024  Notice and approval of restricted designs.

    As prescribed at 227.7107-3, use the following clause:

          Notice and Approval of Restricted Designs (Apr. 1984)

    In the performance of this contract, the Contractor shall, to the 
extent practicable, make maximum use of structures, machines, products, 
materials, construction methods, and equipment that are readily 
available through Government or competitive commercial channels, or 
through standard or proven production techniques, methods, and 
processes. Unless approved by the Contracting Officer, the Contractor 
shall not produce a design or specification that requires in this 
construction work the use of structures, products, materials, 
construction equipment, or processes that are known by the Contractor to 
be available only from a sole source. The Contractor shall promptly 
report any such design or specification to the Contracting Officer and 
give the reason why it is considered necessary to so restrict the design 
or specification.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 60 FR 33505, June 28, 1995]



Sec. 252.227-7025  Limitations on the use or disclosure of government-furnished information marked with restrictive legends.

    As prescribed in 227.7103-6(c), 227.7104(f)(1), or 227.7203-6(d), 
use the following clause:

Limitations on the Use or Disclosure of Government-Furnished Information 
               Marked With Restrictive Legends (June 1995)

    (a)(1) For contracts requiring the delivery of technical data, the 
terms ``limited rights'' and ``Government purpose rights'' are defined 
in the Rights in Technical Data--Noncommercial Items clause of this 
contract.
    (2) For contracts that do not require the delivery of technical 
data, the terms ``government purpose rights'' and ``restricted rights'' 
are defined in the Rights in Noncommercial Computer Software and 
Noncommercial Computer Software Documentation clause of this contract.
    (3) For Small Business Innovative Research program contracts, the 
terms ``limited rights'' and ``restricted rights'' are defined in the 
Rights in Noncommercial Technical Data and Computer Software--Small 
Business Innovative Research (SBIR) Program clause of this contract.
    (b) Technical data or computer software provided to the Contractor 
as Government furnished information (GFI) under this contract may be 
subject to restrictions on use, modification, reproduction, release, 
performance, display, or further disclosure.
    (1) GFI marked with limited or restricted rights legends. The 
Contractor shall use, modify, reproduce, perform, or display technical 
data received from the Government with limited rights legends or 
computer software received with restricted rights legends only in the 
performance of this contract. The Contractor shall not, without the 
express written permission of the party whose name appears in the 
legend, release or disclose such data or software to any person.
    (2) GFI marked with government purpose rights legends. The 
Contractor shall use technical data or computer software received from 
the Government with government purpose rights legends for government 
purposes only. The Contractor shall not, without the express written 
permission of the party whose name appears in the restrictive legend, 
use, modify, reproduce, release, perform, or display such data or 
software for any commercial purpose or disclose such data or software to 
a person other than its subcontractors, suppliers, or prospective 
subcontractors or suppliers, who require the data or software to submit 
offers for, or perform, contracts under this contract. Prior to 
disclosing the data or software, the Contractor shall require the 
persons to whom disclosure will be made to complete and sign the non-
disclosure agreement at 227.7103-7 of the Defense Federal Acquisition 
Regulation Supplement (DFARS).
    (3) GFI marked with specially negotiated license rights legends. The 
Contractor shall use, modify, reproduce, release, perform, or display 
technical data or computer software received from the Government with 
specially negotiated license legends only as permitted in the license. 
Such data or software may not be released or disclosed to other persons 
unless permitted by the license and, prior to release or disclosure, the 
intended recipient has completed the non-disclosure agreement at DFARS 
227.7103-7. The Contractor shall modify paragraph (1)(c) of the non-
disclosure agreement to reflect the recipient's obligations regarding 
use, modification, reproduction, release, performance, display, and 
disclosure of the data or software.
    (c) Indemnification and creation of third party beneficiary rights. 
The Contractor agrees--
    (1) To indemnify and hold harmless the Government, its agents, and 
employees from every claim or liability, including attorneys fees, court 
costs, and expenses, arising out of, or in any way related to, the 
misuse or unauthorized modification, reproduction, release, performance, 
display, or disclosure of technical data or computer software received

[[Page 98]]

from the Government with restrictive legends by the Contractor or any 
person to whom the Contractor has released or disclosed such data or 
software; and
    (2) That the party whose name appears on the restrictive legend, in 
addition to any other rights it may have, is a third party beneficiary 
who has the right of direct action against the Contractor, or any person 
to whom the Contractor has released or disclosed such data or software, 
for the unauthorized duplication, release, or disclosure of technical 
data or computer software subject to restrictive legends.

                             (End of clause)

[60 FR 33505, June 28, 1995]



Sec. 252.227-7026  Deferred delivery of technical data or computer software.

    As prescribed at 227.7103-8(a), use the following clause:

  Deferred Delivery of Technical Data or Computer Software (Apr. 1988)

    The Government shall have the right to require, at any time during 
the performance of this contract, within two (2) years after either 
acceptance of all items (other than data or computer software) to be 
delivered under this contract or termination of this contract, whichever 
is later, delivery of any technical data or computer software item 
identified in this contract as ``deferred delivery'' data or computer 
software. The obligation to furnish such technical data required to be 
prepared by a subcontractor and pertaining to an item obtained from him 
shall expire two (2) years after the date Contractor accepts the last 
delivery of that item from that subcontractor for use in performing this 
contract.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 60 FR 33505, June 28, 1995]



Sec. 252.227-7027  Deferred ordering of technical data or computer software.

    As prescribed at 227.7103-8(b), use the following clause:

  Deferred Ordering of Technical Data or Computer Software (Apr. 1988)

    In addition to technical data or computer software specified 
elsewhere in this contract to be delivered hereunder, the Government 
may, at any time during the performance of this contract or within a 
period of three (3) years after acceptance of all items (other than 
technical data or computer software) to be delivered under this contract 
or the termination of this contract, order any technical data or 
computer software generated in the performance of this contract or any 
subcontract hereunder. When the technical data or computer software is 
ordered, the Contractor shall be compensated for converting the data or 
computer software into the prescribed form, for reproduction and 
delivery. The obligation to deliver the technical data of a 
subcontractor and pertaining to an item obtained from him shall expire 
three (3) years after the date the Contractor accepts the last delivery 
of that item from that subcontractor under this contract. The 
Government's rights to use said data or computer software shall be 
pursuant to the ``Rights in Technical Data and Computer Software'' 
clause of this contract.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 60 FR 33505, June 28, 1995]



Sec. 252.227-7028  Technical data or computer software previously delivered to the government.

    As prescribed in 227.7103-6(d), 227.7104(f)(2), or 227.7203-6(e), 
use the following provision:

    Technical Data or Computer Software Previously Delivered to the 
                         Government (June 1995)

    The Offeror shall attach to its offer an identification of all 
documents or other media incorporating technical data or computer 
software it intends to deliver under this contract with other than 
unlimited rights that are identical or substantially similar to 
documents or other media that the Offeror has produced for, delivered 
to, or is obligated to deliver to the Government under any contract or 
subcontract. The attachment shall identify--
    (a) The contract number under which the data or software were 
produced;
    (b) The contract number under which, and the name and address of the 
organization to whom, the data or software were most recently delivered 
or will be delivered; and
    (c) Any limitations on the Government's rights to use or disclose 
the data or software, including, when applicable, identification of the 
earliest date the limitations expire.

                           (End of provision)

[60 FR 33505, June 28, 1995]

[[Page 99]]

252.227-7029  [Reserved]



Sec. 252.227-7030  Technical data--withholding of payment.

    As prescribed at 227.7103-6(f)(2) or 227.7104(e)(4), use the 
following clause:

           Technical Data--Withholding of Payment (Oct. 1988)

    (a) If technical data specified to be delivered under this contract, 
is not delivered within the time specified by this contract or is 
deficient upon delivery (including having restrictive markings not 
identified in the list described in the clause at 252.227-7013(k) of 
this contract), the Contracting Officer may until such data is accepted 
by the Government, withhold payment to the Contractor of ten percent 
(10%) of the total contract price or amount unless a lesser withholding 
is specified in the contract. Payments shall not be withheld nor any 
other action taken pursuant to this paragraph when the Contractor's 
failure to make timely delivery or to deliver such data without 
deficiencies arises out of causes beyond the control and without the 
fault or negligence of the Contractor.
    (b) The withholding of any amount or subsequent payment to the 
Contractor shall not be construed as a waiver of any rights accruing to 
the Government under this contract.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 60 FR 33505, June 28, 1995]
252.227-7031  [Reserved]



Sec. 252.227-7032  Rights in technical data and computer software (foreign).

    As prescribed in 227.7103-17, use the following clause:

  Rights in Technical Data and Computer Software (Foreign) (June 1975)

    The United States Government may duplicate, use, and disclose in any 
manner for any purposes whatsoever, including delivery to other 
governments for the furtherance of mutual defense of the United States 
Government and other governments, all technical data including reports, 
drawings and blueprints, and all computer software, specified to be 
delivered by the Contractor to the United States Government under this 
contract.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 60 FR 33505, June 28, 1995]



Sec. 252.227-7033  Rights in shop drawings.

    As prescribed in 227.7107-(1)(c), use the following clause:

                   Rights in Shop Drawings (Apr. 1966)

    (a) Shop drawings for construction means drawings, submitted to the 
Government by the Construction Contractor, subcontractor or any lower-
tier subcontractor pursuant to a construction contract, showing in 
detail (i) the proposed fabrication and assembly of structural elements 
and (ii) the installation (i.e., form, fit, and attachment details) of 
materials or equipment. The Government may duplicate, use, and disclose 
in any manner and for any purpose shop drawings delivered under this 
contract.
    (b) This clause, including this paragraph (b), shall be included in 
all subcontracts hereunder at any tier.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 60 FR 33505, June 28, 1995]



Sec. 252.227-7034  Patents--subcontracts.

    As prescribed at 227.304-4, insert the following clause:

                    Patents--Subcontracts (Apr. 1984)

    The Contractor will include the clause at FAR 52.227-12, Patent 
Rights--Retention by the Contractor (Long Form), suitably modified to 
identify the parties, in all subcontracts, regardless of tier, for 
experimental, developmental, or research work to be performed by other 
than a small business firm or nonprofit organization.

                             (End of clause)

252.227-7035  [Reserved]



Sec. 252.227-7036  Certification of technical data conformity.

    As prescribed in 227.7103-6(e)(3) or 227.7104(e)(5), use the 
following clause:

          Certification of Technical Data Conformity (May 1987)

    (a) All technical data delivered under this contract shall be 
accompanied by the following written certification:
    The Contractor, ________, hereby certifies that, to the best of its 
knowledge and belief, the technical data delivered herewith under 
Contract No. ________ is complete, accurate, and complies with all 
requirements of the
contract._______________________________________________________________
Date____________________________________________________________________
Name and Title of Certifying Official___________________________________

[[Page 100]]

    This written certification shall be dated and the certifying 
official (identified by name and title) shall be duly authorized to bind 
the Contractor by the certification.
    (b) The Contractor shall identify, by name and title, each 
individual (official) authorized by the Contractor to certify in writing 
that the technical data is complete, accurate, and complies with all 
requirements of the contract. The Contractor hereby authorizes direct 
contact with the authorized individual responsible for certification of 
technical data. The authorized individual shall be familiar with the 
Contractor's technical data conformity procedures and their application 
to the technical data to be certified and delivered.
    (c) Technical data delivered under this contract may be subject to 
reviews by the Government during preparation and prior to acceptance. 
Technical data is also subject to reviews by the Government subsequent 
to acceptance. Such reviews may be conducted as a function ancillary to 
other reviews, such as in-process reviews or configuration audit 
reviews.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 60 FR 33505, June 28, 1995]



Sec. 252.227-7037  Validation of restrictive markings on technical data.

    As prescribed in 227.7102-3(c), 227.7103(e)(4), 227.7104(e)(6), or 
227.7203-6(f), use the following clause:

     Validation of Restrictive Markings on Technical Data (NOV 1995)

    (a) Definitions. The terms used in this clause are defined in the 
Rights in Technical Data--Noncommercial Items clause of this contract.
    (b) Contracts for commercial items--presumption of development at 
private expense. Under a contract for a commercial item, component, or 
process, the Department of Defense shall presume that a Contractor's 
asserted use or release restrictions are justified on the basis that the 
item, component, or process was developed exclusively at private 
expense. The Department shall not challenge such assertions unless 
information the Department demonstrates that the item, component, or 
process was not developed exclusively at private expense.
    (c) Justification. The Contractor or subcontractor at any tier is 
responsible for maintaining records sufficient to justify the validity 
of its markings that impose restrictions on the Government and others to 
use, duplicate, or disclose technical data delivered or required to be 
delivered under the contract or subcontract. Except under contracts for 
commercial items, the Contractor or subcontractor shall be prepared to 
furnish to the Contracting Officer a written justification for such 
restrictive markings in response to a challenge under paragraph (e) of 
this clause.
    (d) Prechallenge request for information. (1) The Contracting 
Officer may request the Contractor or subcontractor to furnish a written 
explanation for any restriction asserted by the Contractor or 
subcontractor on the right of the United States or others to use 
technical data. If, upon review of the explanation submitted, the 
Contracting Officer remains unable to ascertain the basis of the 
restrictive marking, the Contracting Officer may further request the 
Contractor or subcontractor to furnish additional information in the 
records of, or otherwise in the possession of or reasonably available 
to, the Contractor or subcontractor to justify the validity of any 
restrictive marking on technical data delivered or to be delivered under 
the contract or subcontract (e.g., a statement of facts accompanied with 
supporting documentation). The Contractor or subcontractor shall submit 
such written data as requested by the Contracting Officer within the 
time required or such longer period as may be mutually agreed.
    (2) If the Contracting Officer, after reviewing the written data 
furnished pursuant to paragraph (d)(1) of this clause, or any other 
available information pertaining to the validity of a restrictive 
marking, determines that reasonable grounds exist to question the 
current validity of the marking and that continued adherence to the 
marking would make impracticable the subsequent competitive acquisition 
of the item, component, or process to which the technical data relates, 
the Contracting Officer shall follow the procedures in paragraph (e) of 
this clause.
    (3) If the Contractor or subcontractor fails to respond to the 
Contracting Officer's request for information under paragraph (d)(1) of 
this clause, and the Contracting Officer determines that continued 
adherence to the marking would make impracticable the subsequent 
competitive acquisition of the item, component, or process to which the 
technical data relates, the Contracting Officer may challenge the 
validity of the marking as described in paragraph (e) of this clause.
    (e) Challenge. (1) Notwithstanding any provision of this contract 
concerning inspection and acceptance, if the Contracting Officer 
determines that a challenge to the restrictive marking is warranted, the 
Contracting Officer shall send a written challenge notice to the 
Contractor or subcontractor asserting the restrictive markings. Such 
challenge shall--
    (i) State the specific grounds for challenging the asserted 
restriction;

[[Page 101]]

    (ii) Require a response within sixty (60) days justifying and 
providing sufficient evidence as to the current validity of the asserted 
restriction;
    (iii) State that a DoD Contracting Officer's final decision, issued 
pursuant to paragraph (g) of this clause, sustaining the validity of a 
restrictive marking identical to the asserted restriction, within the 
three-year period preceding the challenge, shall serve as justification 
for the asserted restriction if the validated restriction was asserted 
by the same Contractor or subcontractor (or any licensee of such 
Contractor or subcontractor) to which such notice is being provided; and
    (iv) State that failure to respond to the challenge notice may 
result in issuance of a final decision pursuant to paragraph (f) of this 
clause.
    (2) The Contracting Officer shall extend the time for response as 
appropriate if the Contractor or subcontractor submits a written request 
showing the need for additional time to prepare a response.
    (3) The Contractor's or subcontractor's written response shall be 
considered a claim within the meaning of the Contract Disputes Act of 
1978 (41 U.S.C. 601, et seq.), and shall be certified in the form 
prescribed at 33.207 of the Federal Acquisition Regulation, regardless 
of dollar amount.
    (4) A Contractor or subcontractor receiving challenges to the same 
restrictive markings from more than one Contracting Officer shall notify 
each Contracting Officer of the existence of more than one challenge. 
The notice shall also state which Contracting Officer initiated the 
first in time unanswered challenge. The Contracting Officer initiating 
the first in time unanswered challenge after consultation with the 
Contractor or subcontractor and the other Contracting Officers, shall 
formulate and distribute a schedule for responding to each of the 
challenge notices to all interested parties. The schedule shall afford 
the Contractor or subcontractor an opportunity to respond to each 
challenge notice. All parties will be bound by this schedule.
    (f) Final decision when Contractor or subcontractor fails to 
respond. Upon a failure of a Contractor or subcontractor to submit any 
response to the challenge notice, other than a failure to respond under 
a contract for commercial items, the Contracting Officer will issue a 
final decision to the Contractor or subcontractor in accordance with the 
Disputes clause of this contract pertaining to the validity of the 
asserted restriction. This final decision shall be issued as soon as 
possible after the expiration of the time period of paragraph (e)(1)(ii) 
or (e)(2) of this clause. Following issuance of the final decision, the 
Contracting Officer will comply with the procedures in paragraphs (g)(2) 
(ii) through (iv) of this clause.
    (g) Final decision when Contractor or subcontractor responds. (1) if 
the Contracting Officer determines that the Contractor or subcontractor 
has justified the validity of the restrictive marking, the Contracting 
Officer shall issue a final decision to the Contractor or subcontractor 
sustaining the validity of the restrictive marking, and stating that the 
Government will continue to be bound by the restrictive marking. This 
final decision shall be issued within sixty (60) days after receipt of 
the Contractor's or subcontractor's response to the challenge notice, or 
within such longer period that the Contracting Officer has notified the 
Contractor or subcontractor that the Government will require. The 
notification of a longer period for issuance of a final decision will be 
made within sixty (60) days after receipt of the response to the 
challenge notice.
    (2)(i) If the Contracting Officer determines that the validity of 
the restrictive marking is not justified, the Contracting Officer shall 
issue a final decision to the Contractor or subcontractor in accordance 
with the Disputes clause of this contract. Notwithstanding paragraph (e) 
of the Disputes clause, the final decision shall be issued within sixty 
(60) days after receipt of the Contractor's or subcontractor's response 
to the challenge notice, or within such longer period that the 
Contracting Officer has notified the Contractor or subcontractor of the 
longer period that the Government will require. The notification of a 
longer period for issuance of a final decision will be made within sixty 
(60) days after receipt of the response to the challenge notice.
    (ii) The Government agrees that it will continue to be bound by the 
restrictive marking of a period of ninety (90) days from the issuance of 
the Contracting Officer's final decision under paragraph (g)(2)(i) of 
this clause. The Contractor or subcontractor agrees that, if it intends 
to file suit in the United States Claims Court it will provide a notice 
of intent to file suit to the Contracting Officer within ninety (90) 
days from the issuance of the Contracting Officer's final decision under 
paragraph (g)(2)(i) of this clause. If the Contractor or subcontractor 
fails to appeal, file suit, or provide a notice of intent to file suit 
to the Contracting Officer within the ninety (90)-day period, the 
Government may cancel or ignore the restrictive markings, and the 
failure of the Contractor or subcontractor to take the required action 
constitutes agreement with such Government action.
    (iii) The Government agrees that it will continue to be bound by the 
restrictive marking where a notice of intent to file suit in the United 
States Claims Court is provided to the Contracting Officer within ninety 
(90) days from the issuance of the final decision under paragraph 
(g)(2)(i) of this clause. The Government will no longer be

[[Page 102]]

bound, and the Contractor or subcontractor agrees that the Government 
may strike or ignore the restrictive markings, if the Contractor or 
subcontractor fails to file its suit within one (1) year after issuance 
of the final decision. Notwithstanding the foregoing, where the head of 
an agency determines, on a nondelegable basis, that urgent or compelling 
circumstances will not permit waiting for the filing of a suit in the 
United States Claims Court, the Contractor or subcontractor agrees that 
the agency may, following notice to the Contractor or subcontractor, 
authorize release or disclosure of the technical data. Such agency 
determination may be made at any time after issuance of the final 
decision and will not affect the Contractor's or subcontractor's right 
to damages against the United States where its restrictive markings are 
ultimately upheld or to pursue other relief, if any, as may be provided 
by law.
    (iv) The Government agrees that it will be bound by the restrictive 
marking where an appeal or suit is filed pursuant to the Contract 
Disputes Act until final disposition by an agency Board of Contract 
Appeals or the United States Claims Court. Notwithstanding the 
foregoing, where the head of an agency determines, on a nondelegable 
basis, following notice to the Contractor that urgent or compelling 
circumstances will not permit awaiting the decision by such Board of 
Contract Appeals or the United States Claims Court, the Contractor or 
subcontractor agrees that the agency may authorize release or disclosure 
of the technical data. Such agency determination may be made at any time 
after issuance of the final decision and will not affect the 
Contractor's or subcontractor's right to damages against the United 
States where its restrictive markings are ultimately upheld or to pursue 
other relief, if any, as may be provided by law.
    (h) Final disposition of appeal or suit. (1) If the Contractor or 
subcontractor appeals or files suit and if, upon final disposition of 
the appeal or suit, the Contracting Officer's decision is sustained--
    (i) The restrictive marking on the technical data shall be 
cancelled, corrected or ignored; and
    (ii) If the restrictive marking is found not to be substantially 
justified, the Contractor or subcontractor, as appropriate, shall be 
liable to the Government for payment of the cost to the Government of 
reviewing the restrictive marking and the fees and other expenses (as 
defined in 28 U.S.C. 2412(d)(2)(A)) incurred by the Government in 
challenging the marking, unless special circumstances would make such 
payment unjust.
    (2) If the Contractor or subcontractor appeals or files suit and if, 
upon final disposition of the appeal or suit, the Contracting Officer's 
decision is not sustained--
    (i) The Government shall continue to be bound by the restrictive 
marking; and
    (ii) The Government shall be liable to the Contractor or 
subcontractor for payment of fees and other expenses (as defined in 28 
U.S.C. 2412(d)(2)(A)) incurred by the Contractor or subcontractor in 
defending the marking, if the challenge by the Government is found not 
to have been made in good faith.
    (i) Duration of right to challenge. The Government may review the 
validity of any restriction on technical data, delivered or to be 
delivered under a contract, asserted by the Contractor or subcontractor. 
During the period within three (3) years of final payment on a contract 
or within three (3) years of delivery of the technical data to the 
Government, whichever is later, the Contracting Officer may review and 
make a written determination to challenge the restriction. The 
Government may, however, challenge a restriction on the release, 
disclosure or use of technical data at any time if such technical data--
    (1) Is publicly available;
    (2) Has been furnished to the United States without restriction; or
    (3) Has been otherwise made available without restriction. Only the 
Contracting Officer's final decision resolving a formal challenge by 
sustaining the validity of a restrictive marking constitutes 
``validation'' as addressed in 10 U.S.C. 2321.
    (j) Decision not to challenge. A decision by the Government, or a 
determination by the Contracting Officer, to not challenge the 
restrictive marking or asserted restriction shall not constitute 
``validation.''
    (k) Privity of contract. The Contractor or subcontractor agrees that 
the Contracting Officer may transact matters under this clause directly 
with subcontractors at any tier that assert restrictive markings. 
However, this clause neither creates nor implies privity of contract 
between the Government and subcontractors.
    (l) Flowdown. The Contractor or subcontractor agrees to insert this 
clause in contractual instruments with its subcontractors or suppliers 
at any tier requiring the delivery of technical data, except contractual 
instruments for commercial items or commercial components.

                             (End of clause)

[60 FR 33505, June 28, 1995, as amended at 60 FR 61602, Nov. 30, 1995]
252.227-7038  [Reserved]



Sec. 252.227-7039  Patents--reporting of subject inventions.

    As prescribed at 227.303(a), insert the following clause:

[[Page 103]]

          Patents--Reporting of Subject Inventions (Apr. 1990)

    The Contractor shall furnish the Contracting Officer the following:
    (a) Interim reports every twelve (12) months (or such longer period 
as may be specified by the Contracting Officer) from the date of the 
contract, listing subject inventions during that period and stating that 
all subject inventions have been disclosed or that there are no such 
inventions.
    (b) A final report, within three (3) months after completion of the 
contracted work, listing all subject inventions or stating that there 
were no such inventions.
    (c) Upon request, the filing date, serial number and title, a copy 
of the patent application and patent number, and issue data for any 
subject invention for which the Contractor has retained title.
    (d) Upon request, the Contractor shall furnish the Government an 
irrevocable power to inspect and make copies of the patent application 
file.

                             (End of clause)



Sec. 252.228-7000  Reimbursement for war-hazard losses.

    As prescribed in 228.370(a), use the following clause:

             Reimbursement for War-Hazard Losses (Dec. 1991)

    (a) Costs for providing employee war-hazard benefits in accordance 
with paragraph (b) of the Workers' Compensation and War-Hazard Insurance 
clause of this contract are allowable if the Contractor--
    (1) Submits proof of loss files to support payment or denial of each 
claim;
    (2) Subject to Contracting Officer approval, makes lump sum final 
settlement of any open claims and obtains necessary release documents 
within one year of the expiration or termination of this contract, 
unless otherwise extended by the Contracting Officer; and
    (3) Provides the Contracting Officer at the time of final settlement 
of this contract--
    (i) An investigation report and evaluation of any potential claim; 
and
    (ii) An estimate of the dollar amount involved should the potential 
claim mature.
    (b) The cost of insurance for liabilities reimbursable under this 
clause is not allowable.
    (c) The Contracting Officer may require the Contractor to assign to 
the Government all right, title, and interest to any refund, rebate, or 
recapture arising out of any claim settlements.
    (d) The Contractor agrees to--
    (1) Investigate and promptly notify the Contracting Officer in 
writing of any occurrence which may give rise to a claim or potential 
claim, including the estimated amount of the claim;
    (2) Give the Contracting Officer immediate written notice of any 
suit or action filed which may result in a payment under this clause; 
and
    (3) Provide assistance to the Government in connection with any 
third party suit or claim relating to this clause which the Government 
elects to prosecute or defend in its own behalf.

                             (End of clause)



Sec. 252.228-7001  Ground and flight risk.

    As prescribed in 228.370(b), use the following clause:

                    Ground and Flight Risk (SEP 1996)

    (a) Definitions. As used in this clause--
    (1) Aircraft, unless otherwise provided in the Schedule, means--
    (i) Aircraft to be delivered to the Government under this contract 
(either before or after Government acceptance), including complete 
aircraft and aircraft in the process of being manufactured, 
disassembled, or reassembled; provided that an engine, portion of a wing 
or a wing is attached to a fuselage of the aircraft; and
    (ii) Aircraft, whether in a state of disassembly or reassembly, 
furnished by the Government to the Contractor under this contract, 
including all property installed, in the process of installation, or 
temporarily removed; provided that the aircraft and property are not 
covered by a separate bailment agreement.
    (2) Contractor's premises means those premises designated in the 
Schedule or in writing by the Contracting Officer, and any other place 
the aircraft is moved for safeguarding.
    (3) Flight means any flight demonstration, flight test, taxi test, 
or other flight made in the performance of this contract, or for the 
purpose of safeguarding the aircraft, or previously approved in writing 
by the Contracting Officer.
    (i) For land based aircraft, flight begins with the taxi roll from a 
flight line on the Contractor's premises and continues until the 
aircraft has completed the taxi roll in returning to a flight line on 
the Contractor's premises;
    (ii) For seaplanes, flight begins with the launching from a ramp on 
the Contractor's premises and continues until the aircraft has completed 
its landing run and is beached at a ramp on the Contractor's premises;
    (iii) For helicopters, flight begins upon engagement of the rotors 
for the purpose of take-off from the Contractor's premises and continues 
until the aircraft has returned to the ground on the Contractor's 
premises and the rotors are disengaged; and

[[Page 104]]

    (iv) For vertical take-off aircraft, flight begins upon 
disengagement from any launching platform or device on the Contractor's 
premises and continues until the aircraft has been engaged to any 
launching platform or device on the Contractor's premises;
    (v) All aircraft off the Contractor's premises shall be considered 
to be in flight when on the ground or water for reasonable periods of 
time following emergency landings, landings made in performance of this 
contract, or landings approved in writing by the Contracting Officer.
    (4) Flight crew member means the pilot, the co-pilot, and, unless 
otherwise provided in the Schedule, the flight engineer, navigator, and 
bombardier-navigator when assigned to their respective crew positions 
for the purpose of conducting any flight on behalf of the Contractor. If 
required, a defense systems operator may also be assigned as a flight 
crew member.
    (5) In the open means located wholly outside of buildings on the 
Contractor's premises or other places described in the Schedule as being 
in the open. Government furnished aircraft shall be considered to be 
located in the open at all times while in the Contractor's possession, 
care, custody, or control.
    (6) Operation means operations and tests of the aircraft and its 
installed equipment, accessories, and power plants, while the aircraft 
is in the open or in motion. The term does not apply to aircraft on any 
production line or in flight.
    (b) Except as may be specifically provided in the Schedule as an 
exception to this clause, the Government assumes the risk of damage to, 
or loss or destruction of aircraft in the open, during operation, and in 
flight. The Contractor shall not be liable to the Government for such 
damage, loss, or destruction.
    (c) The Government's assumption of risk for aircraft in the open 
shall continue unless the Contracting Officer finds that the aircraft is 
in the open under unreasonable conditions, and the Contractor fails to 
take prompt corrective action.
    (1) The Contracting Officer, when finding aircraft in the open under 
unreasonable conditions, shall notify the Contractor in writing of the 
unreasonable conditions and require the Contractor to make corrections 
within a reasonable time.
    (2) Upon receipt of the notice, the Contractor shall promptly 
correct the cited conditions, regardless of whether there is agreement 
that the conditions are unreasonable. If the Contracting Officer later 
determines that the cited conditions were not unreasonable, an equitable 
adjustment shall be made in the contract price for any additional costs 
incurred in correcting the conditions. Any dispute as to the 
unreasonableness of the conditions or the equitable adjustment shall be 
considered a dispute under the Disputes clause of this contract.
    (3) If the Contracting Officer finds that the Contractor failed to 
act promptly to correct the cited conditions or failed to correct the 
conditions within a reasonable time, the Contracting Officer may 
terminate the Government's assumption of risk for any aircraft in the 
open under the cited conditions. The termination will be effective at 
12:01 am on the fifteenth day following the day the written notice is 
received by the Contractor. If the Contracting Officer later determines 
that the Contractor acted promptly to correct the cited conditions or 
that the time taken by the Contractor was not unreasonable, an equitable 
adjustment shall be made in the contract price for any additional costs 
incurred as a result of termination of the Government's assumption of 
risk. Any dispute as to the timeliness of the Contractor's action or the 
equitable adjustment shall be considered a dispute under the Disputes 
clause of this contract.
    (4) If the Government terminates its assumption of risk, the risk of 
loss for Government-furnished property shall be determined in accordance 
with the Government Property clause of this contract.
    (5) The Contractor shall promptly notify the Contracting Officer 
when unreasonable conditions have been corrected. If the Government 
elects to again assume the risk of loss and relieve the Contractor of 
liabilities, the Contracting Officer will notify the Contractor. The 
Contractor shall be entitled to an equitable adjustment in the contract 
price for any insurance costs extending from the end of the third 
working day after the Contractor notice of correction until the 
Contractor is notified that the Government will assume the risk of loss. 
If the Government does not again assume the risk of loss and conditions 
have been corrected, the Contractor shall be entitled to an equitable 
adjustment for insurance costs, if any, extending after the third 
working day.
    (d) The Government's assumption of risk shall not extend to damage, 
loss, or destruction of aircraft which--
    (1) Results from failure of the Contractor, due to willful 
misconduct or lack of good faith of any of the Contractor's managerial 
personnel, to maintain and administer a program for the protection and 
preservation of aircraft in the open and during operation in accordance 
with sound industrial practice. The term Contractor's managerial 
personnel means the Contractor's directors, officers, and any of the 
Contractor's managers, superintendents, or other equivalent 
representatives who supervise or direct all or substantially all of the 
Contractor's business; or all or substantially all of the Contractor's 
operations at any one plant or separate location

[[Page 105]]

at which this contract is performed; or a separate and complete major 
industrial operation in connection with the performance of this 
contract;
    (2) Is sustained during flight if the flight crew members have not 
been approved in writing by the Government Flight Representative, who 
has been authorized in accordance with the combined regulation entitled 
``Contractor's Flight and Ground Operations'' (Air Force Regulation 55-
22, Army Regulation 95-20, NAVAIR Instruction 3710.1C, and Defense 
Logistics Agency Manual 8210.1);
    (3) Occurs in the course of transportation by rail, or by conveyance 
on public streets, highways, or waterways, except for Government-
furnished property;
    (4) Is covered by insurance;
    (5) Consists of wear and tear; deterioration (including rust and 
corrosion); freezing; or mechanical, structural, or electrical breakdown 
or failure, unless these are the result of other loss, damage or 
destruction covered by this clause. (This exclusion does not apply to 
Government-furnished property if damage consists of reasonable wear and 
tear or deterioration, or results from inherent vice in the property.); 
or
    (6) Is sustained while the aircraft is being worked on and is a 
direct result of the work unless such damage, loss, or destruction would 
be covered by insurance which would have been maintained by the 
Contractor, but for the Government's assumption of risk.
    (e) With the exception of damage, loss, or destruction in flight, 
the Contractor assumes the risk and shall be responsible for the first 
$25,000 of loss or damage to aircraft in the open or during operation 
resulting from each separate event, except for reasonable wear and tear 
and to the extent the loss or damage is caused by negligence of 
Government personnel. If the Government elects to require that the 
aircraft be replaced or restored by the Contractor to its condition 
immediately prior to the damage, the equitable adjustment in the price 
authorized by paragraph (i) of this clause shall not include the dollar 
amount of the risk assumed by the Contractor. In the event the 
Government does not elect repair or replacement, the Contractor agrees 
to credit the contract price or pay the Government $25,000 (or the 
amount of the loss, if less) as directed by the Contracting Officer.
    (f) A subcontractor shall not be relieved from liability for damage, 
loss, or destruction of aircraft while in its possession or control, 
except to the extent that the subcontract, with the written approval of 
the Contracting Officer, provides for relief from each liability. In the 
absence of approval, the subcontract shall contain provisions requiring 
the return of aircraft in as good condition as when received, except for 
reasonable wear and tear or for the utilization of the property in 
accordance with the provisions of this contract. Where a subcontractor 
has not been relieved from liability, and damage, loss, or destruction 
occurs, the Contractor shall enforce liability against the subcontractor 
for the benefit of the Government.
    (g) The Contractor warrants that the contract price does not and 
will not include, except as may be authorized in this clause, any charge 
or contingency reserve for insurance covering damage, loss, or 
destruction of aircraft while in the open, during operation, or in 
flight when the risk has been assumed by the Government, even if the 
assumption may be terminated for aircraft in the open.
    (h) In the event of damage, loss, or destruction of aircraft in the 
open, during operation, or in flight, the Contractor shall take all 
reasonable steps to protect the aircraft from further damage, to 
separate damaged and undamaged aircraft, to put all aircraft in the best 
possible order and further, except in cases covered by paragraph (e) of 
this clause, the Contractor shall furnish to the Contracting Officer a 
statement of--
    (1) The damaged, lost, or destroyed aircraft;
    (2) The time and origin of the damage, loss, or destruction;
    (3) All known interests in commingled property of which aircraft are 
a part; and
    (4) The insurance, if any, covering the interest in commingled 
property.
    Except in cases covered by paragraph (e) of this clause, the 
Contracting Officer will make an equitable adjustment in the contract 
price for expenditures made by the Contractor in performing the 
obligations under this paragraph.
    (i) If prior to delivery and acceptance by the Government, aircraft 
is damaged, lost, or destroyed and the Government assumed the risk, the 
Government shall either--
    (1) Require that the aircraft be replaced or restored by the 
Contractor to the condition immediately prior to the damage, in which 
event the Contracting Officer will make an equitable adjustment in the 
contract price and the time for contract performance; or
    (2) Terminate this contract with respect to the aircraft, in which 
event the Contractor shall be paid the contract price for the aircraft 
(or, if applicable, any work to be performed on the aircraft) less any 
amount the Contracting Officer determines--
    (i) It would have cost the Contractor to complete the aircraft (or 
any work to be performed on the aircraft) together with anticipated 
profit on uncompleted work; and
    (ii) Would be the value of the damaged aircraft or any salvage 
retained by the Contractor.
    The Contracting Officer shall prescribe the manner of disposition of 
the damaged, lost,

[[Page 106]]

or destroyed aircraft, or any parts of the aircraft. If any additional 
costs of such disposition are incurred by the Contractor, a further 
equitable adjustment will be made in the amount due the Contractor. 
Failure of the parties to agree upon termination costs or an equitable 
adjustment with respect to any aircraft shall be considered a dispute 
under the Disputes clause.
    (j) In the event the Contractor is reimbursed or compensated by a 
third person for damage, loss, or destruction of aircraft and has also 
been compensated by the Government, the Contractor shall equitably 
reimburse the Government. The Contractor shall do nothing to prejudice 
the Government's right to recover against third parties for damage, 
loss, or destruction. Upon the request of the Contracting Officer or 
authorized representative, the Contractor shall at Government expense 
furnish to the Government all reasonable assistance and cooperation 
(including the prosecution of suit and the execution of instruments of 
assignment of subrogation) in obtaining recovery.
    (k) The Contractor agrees to be bound by the operating procedures 
contained in the combined regulation entitled ``Contractor's Flight and 
Ground Operations'' in effect on the date of contract award.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 56 FR 67221, Dec. 30, 1991; 
61 FR 50456, Sept. 26, 1996]



Sec. 252.228-7002  Aircraft flight risk.

    As prescribed in 228.370(c), use the following clause:

                     Aircraft Flight Risk (SEP 1996)

    (a) Definitions. As used in this clause--
    (1) Aircraft, unless otherwise provided in the Schedule, means--
    (i) Aircraft furnished by the Contractor under this contract (either 
before or after Government acceptance); or
    (ii) Aircraft furnished by the Government to the Contractor, 
including all Government property placed on, installed or attached to 
the aircraft; provided that the aircraft and property are not covered by 
a separate bailment agreement.
    (2) Flight means any flight demonstration, flight test, taxi test, 
or other flight made in the performance of this contract, or for the 
purpose of safeguarding the aircraft, or previously approved in writing 
by the Contracting Officer.
    (i) For land-based aircraft, flight begins with the taxi roll from a 
flight line and continues until the aircraft has completed the taxi roll 
to a flight line.
    (ii) For seaplanes, flight begins with the launching from a ramp and 
continues until the aircraft has completed its landing run and is 
beached at a ramp.
    (iii) For helicopters, flight begins upon engagement of the rotors 
for the purpose of take-off and continues until the aircraft has 
returned to the ground and rotors are disengaged.
    (iv) For vertical take-off aircraft, flight begins upon 
disengagement from any launching platform or device and continues until 
the aircraft has been reengaged to any launching platform or device.
    (3) Flight crew members means the pilot, co-pilot, and unless 
otherwise provided in the Schedule, the flight engineer, navigator, 
bombardier-navigator, and defense systems operator as required, when 
assigned to their respective crew positions to conduct any flight on 
behalf of the Contractor.
    (b) This clause takes precedence over any other provision of this 
contract (particularly paragraph (g) of the Government Property (Cost-
Reimbursement, Time-and-Materials, or Labor-Hour Contracts) clause and 
paragraph (c) of the Insurance--Liability to Third Persons clause).
    (c) Unless the flight crew members previously have been approved in 
writing by the Government Flight Representative, who has been authorized 
in accordance with the combined regulation entitled ``Contractor's 
Flight and Ground Operations'' (Air Force Regulation 55-22, Army 
Regulation 95-20, NAVAIR Instruction 3710.1C, and Defense Logistics 
Agency Manual 8210.1), the Contractor shall not be--
    (1) Relieved of liability for damage, loss, or destruction of 
aircraft sustained during flight; or
    (2) Reimbursed for liabilities to third persons for loss or damage 
to property or for death or bodily injury caused by aircraft during 
flight.
    (d)(1) The loss, damage, or destruction of aircraft during flight in 
an amount exceeding $100,000 or 20 percent of the estimated cost of this 
contract, whichever is less, is subject to an equitable adjustment when 
the Contractor is not liable under--
    (i) The Government Property (Cost-Reimbursement, Time-and-Materials, 
or Labor-Hour Contracts) clause, and
    (ii) Paragraph (c) of this clause.
    (2) The equitable adjustment under this contract for the resulting 
repair, restoration, or replacement of aircraft shall be made--
    (i) In the estimated cost, the delivery schedule, or both; and
    (ii) In the amount of any fee to be paid to the Contractor.
    (3) In determining the amount of equitable adjustment in the fee, 
the Contracting Officer will consider any fault of the Contractor,

[[Page 107]]

its employees, or any subcontractor that materially contributed to the 
damage, loss, or destruction.
    (4) Failure to agree on any adjustment shall be a dispute concerning 
a question of fact within the meaning of the Disputes clause of this 
contract.
    (e) The Contractor agrees to be bound by the operating procedures 
contained in the combined regulation entitled ``Contractor's Flight and 
Found Operations'' in effect on the date of contract award.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 61 FR 50456, Sept. 26, 1996]



Sec. 252.228-7003  Capture and detention.

    As prescribed in 228.370(d), use the following clause:

                    Capture and Detention (Dec. 1991)

    (a) As used in this clause--

    (1) Captured person means any employee of the Contractor who is--
    (i) Assigned to duty outside the United States for the performance 
of this contract; and
    (ii) Found to be missing from his or her place of employment under 
circumstances that make it appear probable that the absence is due to 
the action of the force of any power not allied with the United States 
in a common military effort; or
    (iii) Known to have been taken prisoner, hostage, or otherwise 
detained by the force of such power, whether or not actually engaged in 
employment at the time of capture; provided, that at the time of capture 
or detention, the person was either--
    (A) Engaged in activity directly arising out of and in the course of 
employment under this contract; or
    (B) Captured in an area where required to be only in order to 
perform this contract.
    (2) A period of detention begins with the day of capture and 
continues until the captured person is returned to the place of 
employment, the United States, or is able to be returned to the 
jurisdiction of the United States, or until the person's death is 
established or legally presumed to have occurred by evidence 
satisfactory to the Contracting Officer, whichever occurs first.
    (3) United States comprises geographically the 50 states and the 
District of Columbia.
    (4) War Hazards Compensation Act refers to the statute compiled in 
chapter 12 of title 42, U.S. Code (sections 1701-1717), as amended.
    (b) If pursuant to an agreement entered into prior to capture, the 
Contractor is obligated to pay and has paid detention benefits to a 
captured person, or the person's dependents, the Government will 
reimburse the Contractor up to an amount equal to the lesser of--
    (1) Total wage or salary being paid at the time of capture due from 
the Contractor to the captured person for the period of detention; or
    (2) That amount which would have been payable if the detention had 
occurred under circumstances covered by the War Hazards Compensation 
Act.
    (c) The period of detention shall not be considered as time spent in 
contract performance, and the Government shall not be obligated to make 
payment for that time except as provided in this clause.
    (d) The obligation of the Government shall apply to the entire 
period of detention, except that it is subject to the availability of 
funds from which payment can be made. The rights and obligations of the 
parties under this clause shall survive prior expiration, completion, or 
termination of this contract.
    (e) The Contractor shall not be reimbursed under this clause for 
payments made if the employees were entitled to compensation for capture 
and detention under the War Hazards Compensation Act, as amended.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 57 FR 42633, Sept. 15, 1992



Sec. 252.228-7004  Bonds or other security.

    As prescribed in 228.170, use the following provision:

                   Bonds or Other Security (Dec. 1991)

    (a) Offerors shall furnish a bid guarantee in the amount of 
$________ with their bids. The offeror receiving notice of award shall 
furnish--
    (1) A performance bond in the penal amount of $________; and
    (2) Payment in full of any sum due the Government.
    (b) The Contractor shall furnish the performance bond to the 
Contracting Officer within ____ days after receipt of the notice of 
award. The Contracting Officer will not issue the notice to proceed 
until receipt of an acceptable performance bond and payment of any sum 
due the Government.
    (c) Bonds supported by sureties whose names appear on the list 
contained in Treasury Department Circular 570 are acceptable. 
Performance bonds from individual sureties are acceptable if each person 
acting as a surety provides a SF 28, Affidavit of Individual Surety, and 
a pledge of assets acceptable to the Contracting Officer.


[[Page 108]]



                           (End of provision)



Sec. 252.228-7005  Accident reporting and investigation involving aircraft, missiles, and space launch vehicles.

    As prescribed in 228.370(e), use the following clause:

 Accident Reporting and Investigation Involving Aircraft, Missiles, and 
                    Space Launch Vehicles (Dec. 1991)

    (a) The Contractor shall report promptly to the Administrative 
Contracting Officer all pertinent facts relating to each accident 
involving an aircraft, missile, or space launch vehicle being 
manufactured, modified, repaired, or overhauled in connection with this 
contract.
    (b) If the Government conducts an investigation of the accident, the 
Contractor will cooperate and assist the Government's personnel until 
the investigation is complete.
    (c) The Contractor will include a clause in subcontracts under this 
contract to require subcontractor cooperation and assistance in accident 
investigations.

                             (End of clause)



Sec. 252.231-7000  Supplemental cost principles.

    As prescribed in 231.100-70, use the following clause:

                Supplemental Cost Principles (Dec. 1991)

    When the allowability of costs under this contract is determined in 
accordance with part 31 of the Federal Acquisition Regulation (FAR), 
allowability shall also be determined in accordance with part 231 of the 
Defense FAR Supplement, in effect on the date of this contract.

                             (End of clause)



Sec. 252.232-7000  Advance payment pool.

    As prescribed in 232.412-70(a), use the following clause:

                    Advance Payment Pool (Dec. 1991)

    (a) Notwithstanding any other provision of this contract, advance 
payments will be made for contract performance in accordance with the 
Determinations, Findings, and Authorization for Advance payment dated 
______________.
    (b) Payments made in accordance with this clause shall be governed 
by the terms and conditions of the Advance Payment Pool Agreement 
between the United States of America and (insert the name of the 
contractor). The Agreement is incorporated in the contract by reference.

                             (End of clause)



Sec. 252.232-7001  Disposition of payments.

    As prescribed in 232.412-70(b), use the following clause:

                   Disposition of Payments (Dec. 1991)

    Payment will be by a dual payee Treasury check made payable to the 
contractor or the (insert the name of the disbursing office in the 
advance payment pool agreement), and will be forwarded to that 
disbursing office for appropriate disposition.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 57 FR 42633, Sept. 15, 1992]



Sec. 252.232-7002  Progress payments for foreign military sales acquisitions.

    As prescribed in 232.502-4-70(a), use the following clause:

  Progress Payments for Foreign Military Sales Acquisitions (Dec. 1991)

    If this contract includes foreign military sales (FMS) requirements, 
the Contractor shall--
    (a) Submit a separate progress payment request for each progress 
payment rate; and
    (b) Submit a supporting schedule showing--
    (1) The amount of each request distributed to each country's 
requirements; and
    (2) Total price per contract line item applicable to each separate 
progress payment rate.
    (c) Identify in each progress payment request the contract 
requirements to which it applies (i.e., FMS or U.S.);
    (d) Calculate each request on the basis of the prices, costs 
(including costs to complete), subcontractor progress payments, and 
progress payment liquidations of the contract requirements to which it 
applies; and
    (e) Distribute costs among contract line items and countries in a 
manner acceptable to the Administrative Contracting Officer.

                             (End of clause)



Sec. 252.232-7003  Flexible progress payments.

    As prescribed in 232.502-4-70(b), use the following clause:

                 Flexible Progress Payments (Dec. 1991)

    (a) This contract is subject to flexible progress payment procedures 
as set forth in this clause and Defense FAR Supplement 232.502-1-71.

[[Page 109]]

    (1) The progress payment rate of this contract is ________ percent. 
This percentage applies instead of the customary uniform progress 
payment rate and liquidation rate of the Progress Payments clause.
    (2) The progress payment rate of this contract was determined by the 
DoD Cash Flow Computer Model (name) dated ____________, using percent as 
the minimum rate for the Contractor's investment (as a weighted average 
of costs) in its work in process inventory over the life of the 
contract.
    (b) If actual and projected cash flow data generated during contract 
performance reveal that the customary flexible progress payment rate 
will result in a Contractor investment in work in process inventory more 
than two percentage points higher or lower than the minimum rate of 
Contractor investment specified in paragraph (a)(2) of this clause, the 
progress payment rate shall be redetermined by using the DoD Cash Flow 
Computer Model. Unless it contained an error, the version of the DoD 
Cash Flow Computer Model identified in paragraph (a)(2) of this clause 
shall be used for any redetermination. The customary flexible progress 
payment rate shall not be less than the customary uniform progress 
payment rate that would have applied to this contract absent flexible 
progress payment procedures, and the progress payment rate shall not be 
greater than 100 percent.
    (c) Notwithstanding paragraph (b) of this clause, if at any time the 
flexible progress payment rate is determined to be overstated because 
any factual data submitted by the Contractor in support of the rate 
computation was not current, accurate, and complete at the time the 
flexible progress payment rate was established, the progress payment 
rate shall be reduced to the rate that should have been calculated using 
the model specified in paragraph (a)(2) of this clause. The Contractor 
shall pay interest in accordance with paragraph (d) of this clause on 
all resulting overpayments, computed from the date of the Government's 
overpayment, to the date of liquidation of the overpayment. Payment of 
any unliquidated overpayment and interest shall be due 30 days after the 
date of the first written demand for payment.
    (d) Interest shall be simple interest at the rate established by the 
Secretary of the Treasury as provided in section 12 of the Contract 
Disputes Act of 1978 (Pub. L. 95-563), which is applicable at the time 
the Government made the overpayment, and then at the rate applicable for 
each six month period as fixed by the Secretary, until the overpayment 
is liquidated.
    (e) Flexible progress payment terms will be made available to 
subcontractors in accordance with paragraph (j) of the Progress Payments 
clause and Defense FAR Supplement 232.502-1-71(b)(4).

                             (End of clause)



Sec. 252.232-7004  DoD progress payment rates.

    As prescribed in 232.502-4-70 (b) and (c), use the following clause:

                  DOD Progress Payment Rates (FEB 1996)

    (a) If the contractor is a large business, the Progress Payments 
clause of this contract is modified to change each mention of the 
progress payment rate and liquidation rate (including paragraph (k), 
Limitations on Undefinitized Contract Actions) to 75 percent.
    (b) If the contractor is a small business, the Progress Payments 
clause of this contract is modified to change each mention of the 
progress payment rate and liquidation rate (excepting paragraph (k), 
Limitations on Undefinitized Contract Actions) to 90 percent.
    (c) If the contractor is a small disadvantaged business, the 
Progress Payments clause of this contract is modified to change each 
mention of the progress payment rate and liquidation rate (excepting 
paragraph (k), Limitations on Undefinitized Contract Actions) to 95 
percent.
    (d) The above rates are the customary uniform progress payment rates 
for DoD contracts.

                             (End of clause)

[56 FR 67221, Dec. 30, 1991, as amended at 58 FR 62046, Nov. 24, 1993; 
61 FR 7750, Feb. 29, 1996]



Sec. 252.232-7005  Reimbursement of subcontractor advance payments--DoD pilot mentor-protege program.

    As prescribed in 232.412-70(c), use the following clause:

   Reimbursement of Subcontractor Advance Payments--DoD Pilot Mentor-
                       Protege Program (Dec. 1991)

    (a) The Government will reimburse the Contractor for any advance 
payments made by the Contractor, as a mentor firm, to a small 
disadvantaged business, as a protege firm, pursuant to an approved 
mentor-protege agreement, provided--
    (1) The Contractor's subcontract with the protege firm includes a 
provision substantially the same as FAR 52.232-12, Advance Payments;
    (2) The Contractor has administered the advance payments in 
accordance with the policies of FAR subpart 32.4; and
    (3) The Contractor agrees that any financial loss resulting from the 
failure or inability of the protege firm to repay any unliquidated 
advance payments is the sole financial responsibility of the Contractor.

[[Page 110]]

    (b) For a fixed price type contract, advance payments made to a 
protege firm shall be paid and administered as if there were 100 percent 
progress payments. The Contractor shall include as a separate attachment 
with each Standard Form (SF) 1443, Contractor's Request for Progress 
Payment, a request for reimbursement of advance payments made to a 
protege firm. The attachment shall provide a separate calculation of 
lines 14a through 14e of SF 1443 for each protege, reflecting the status 
of advance payments made to that protege.
    (c) For cost reimbursable, contracts, reimbursement of advance 
payments shall be made via public voucher. The Contractor shall show the 
amounts of advance payments made to each protege on the public voucher, 
in the form and detail directed by the cognizant contracting officer or 
contract auditor.

                             (End of clause)

[56 FR 67221, Dec. 30, 1991, as amended at 57 FR 53602, Nov. 12, 1992]



Sec. 252.232-7006  Reduction or suspension of contract payments upon finding of fraud.

    As prescribed in 232.111-70, use the following clause:

Reduction or Suspension of Contract Payments Upon Finding of Fraud (Aug. 
                                  1992)

    (a) 10 U.S.C. 2307(e) permits the head of the agency to reduce or 
suspend further payments to the Contractor upon a written determination 
by the agency head that substantial evidence exists that the Contractors 
request for advance, partial, or progress payments is based on fraud. 
The provisions of 10 U.S.C. 2307(e) are in addition to any other rights 
or remedies provided the Government by law or under contract.
    (b) Actions taken by the Government in accordance with 10 U.S.C. 
2307(e) shall not constitute an excusable delay under the Default clause 
of this contract or otherwise relieve the Contractor of its obligations 
to perform under this contract.

                             (End of clause)

[57 FR 42633, Sept. 15, 1992]



Sec. 252.232-7007  Limitation of Government's obligation.

    As prescribed in 232.705-70, use the following clause:

            Limitation of Government's Obligation (Aug. 1993)

    (a) Contract line item(s) ______* through ______* are incrementally 
funded. For these item(s), the sum of $______* of the total price is 
presently available for payment and allotted to this contract. An 
allotment schedule is set forth in paragraph (i) of this clause.
    (b) For item(s) identified in paragraph (a) of this clause, the 
Contractor agrees to perform up to the point at which the total amount 
payable by the Government, including reimbursement in the event of 
termination of those item(s) for the Government's convenience, 
approximates the total amount currently allotted to the contract. The 
Contractor will not be obligated to continue work on those item(s) 
beyond that point. The Government will not be obligated in any event to 
reimburse the Contractor in excess of the amount allotted to the 
contract for those item(s) regardless of anything to the contrary in the 
clause entitled ``Termination for Convenience of the Government.'' As 
used in this clause, the total amount payable by the Government in the 
event of termination of applicable contract line item(s) for convenience 
includes costs, profit, and estimated termination settlement costs for 
those items(s).
    (c) Notwithstanding the dates specified in the allotment schedule in 
paragraph (i) of this clause, the Contractor will notify the Contracting 
Officer in writing at least ninety days prior to the date when, in the 
Contractor's best judgment, the work will reach the point at which the 
total amount payable by the Government, including any cost for 
termination for convenience, will approximate 85 percent of the total 
amount then allotted to the contract for performance of the applicable 
item(s). The notification will state (1) the estimated date when that 
point will be reached and (2) an estimate of additional funding, if any, 
needed to continue performance of applicable line items up to the next 
scheduled date for allotment of funds identified in paragraph (i) of 
this clause, or to a mutually agreed upon substitute date. The 
notification will also advise the Contracting Officer of the estimated 
amount of additional funds that will be required for the timely 
performance of the item(s) funded pursuant to this clause, for a 
subsequent period as may be specified in the allotment schedule in 
paragraph (i) of this clause, or otherwise agreed to by the parties. If 
after such notification additional funds are not allotted by the date 
identified in the Contractor's notification, or by an agreed substitute 
date, the Contracting Officer will terminate any item(s) for which 
additional funds have not been allotted, pursuant to the clause of this 
contract entitled ``Termination for Convenience of the Government.''

[[Page 111]]

    (d) When additional funds are allotted for continued performance of 
the contract line item(s) identified in paragraph (a) of this clause, 
the parties will agree as to the period of contract performance which 
will be covered by the funds. The provisions of paragraph (b) through 
(d) of this clause will apply in like manner to the additional allotted 
funds and agreed substitute date, and the contract will be modified 
accordingly.
    (e) If, solely by reason of failure of the Government to allot 
additional funds, by the dates indicated below, in amounts sufficient 
for timely performance of the contract line item(s) identified in 
paragraph (a) of this clause, the Contractor incurs additional costs or 
is delayed in the performance of the work under this contract and if 
additional funds are allotted, an equitable adjustment will be made in 
the price or prices (including appropriate target, billing, and ceiling 
prices where applicable) of the item(s), or in the time of delivery, or 
both. Failure to agree to any such equitable adjustment hereunder will 
be a dispute concerning a question of fact within the meaning of the 
clause entitled ``Disputes.''
    (f) The Government may at any time prior to termination allot 
additional funds for the performance of the contract line item(s) 
identified in paragraph (a) of this clause.
    (g) The termination provisions of this clause do not limit the 
rights of the Government under the clause entitled ``Default.'' The 
provisions of this clause are limited to the work and allotment of funds 
for the contract line item(s) set forth in paragraph (a) of this clause. 
This clause no longer applies once the contract is fully funded except 
with regard to the rights or obligations of the parties concerning 
equitable adjustments negotiated under paragraphs (d) or (e) of this 
clause.
    (h) Nothing in this clause affects the right of the Government to 
terminate this contract pursuant to the clause of this contract entitled 
``Termination for Convenience of the Government.''
    (i) The parties contemplate that the Government will allot funds to 
this contract in accordance with the following schedule:

On execution of contract.............................................$    

(month) (day), 199x..................................................$    

(month) (day), 199y..................................................$    

(month) (day), 199z..................................................$    


                             (End of clause)

                         Alternate I (Aug. 1993)

    If only one line item will be incrementally funded, substitute the 
following paragraph (a) for paragraph (a) of the basic clause.

    (a) Contract line item ______is incrementally funded. The sum of 
$______* is presently available for payment and allotted to this 
contract. An allotment schedule is contained in paragraph (i) of this 
clause.

    *To be inserted after negotiation.

[58 FR 46093, Sept. 1, 1993]



Sec. 252.233-7000  Certification of claims and requests for adjustment or relief.

    As prescribed in 233.7001, use the following clause:

Certification of Claims and Requests for Adjustment or Relief (May 1994)

    (a) Any contract claim, request for equitable adjustment to contract 
terms, request for relief under Pub. L. 85-804, or other similar request 
exceeding $100,000 shall bear, at the time of submission, the following 
certificate given by an individual who has knowledge of the basis of the 
claim or request, knowledge of the accuracy and completeness of the 
supporting data, and knowledge of the claim or request:
    I certify that the claim is made in good faith, that the supporting 
data are accurate and complete to the best of my knowledge and belief; 
that the amount requested accurately reflects the contract adjustment 
for which the Contracting believes the Government is liable; and that I 
am duly authorized to certify the claim on behalf of the Contractor.

_______________________________________________________________________
(Official's Name)

_______________________________________________________________________
(Title)

    (b) The certification in paragraph (a) of this clause requires full 
disclosure of all relevant facts, including cost and pricing data.
    (c) The certification requirement in paragraph (a) of this clause 
does not apply to:
    (1) Requests for routine contract payments; for example, those for 
payment for accepted supplies and services, routine vouchers under cost-
reimbursement type contracts, and progress payment invoices; or
    (2) Final adjustments under incentive provisions of contracts.
    (d) In those situations where no claim certification for the 
purposes of 10 U.S.C. 2410e has been submitted prior to the inception of 
a contract dispute, a single certification, using the language 
prescribed by the Contract Disputes Act (41 U.S.C. 601 et seq.) but 
signed by an individual who is authorized to bind the contractor and who 
has knowledge of the basis of the claim or request, knowledge of the 
accuracy and completeness of the supporting data, and knowledge of the 
claim or request, will satisfy the certification requirements of both 
statutes.

[[Page 112]]

    (e) If this is a request for equitable adjustment under a 
substantially completed contract or a completed contract, the 
certification will be expanded to include the following:
    This claim includes only costs for performing the alleged change, 
and does not include any costs which have already been reimbursed or 
which have been separately claimed. All indirect costs claimed are 
properly allocable to the alleged change in accordance with applicable 
acquisition regulations. I am aware that the submission of a false claim 
to the Government can result in the assessment of significant criminal 
and civil penalties and fines.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 58 FR 28475, May 13, 1993; 59 
FR 27676, May 27, 1994]



Sec. 252.234-7000  Notice of cost/schedule control systems.

    As prescribed by 234.005-70, use the following provision:

           Notice of Cost/Schedule Control Systems (Dec. 1991)

    (a) The Offeror shall submit a comprehensive plan for compliance 
with the cost/schedule control systems criteria of DoDI 5000.2, Defense 
Acquisition Management Policies and Procedures. The plan shall--
    (1) Describe the cost/schedule control systems (C/SCS) the Offeror 
intends to use in performance of the contract.
    (2) Distinguish between the Offeror's existing management systems 
and modifications proposed to meet the criteria.
    (3) Describe the management systems and their application in all 
major functional cost areas in terms of:
    (i) The work breakdown structure,
    (ii) Planning,
    (iii) Budgeting,
    (iv) Scheduling,
    (v) Work authorization,
    (vi) Cost accumulation,
    (vii) Measurement and reporting of cost and schedule performance,
    (viii) Variance analysis, and
    (ix) Baseline control.
    (4) Describe compliance with each of the criteria. (Preferably, 
cross-reference appropriate elements in the description of systems with 
the items in the checklist for the C/SCS criteria in AFMCP 173-5, AMC-P 
715-5, NAVSO P3627, DLAH 8400.2, DCAA P7641.47, Cost/Schedule Control 
Systems Criteria Joint Implementation Guide.)
    (5) Identify the major subcontractors, or major subcontracted effort 
if major subcontractors have not been selected, planned for application 
of the criteria.
    (6) Describe the proposed procedure for administration of the 
criteria as applied to subcontractors.
    (b) If the Offeror is using C/SCS which have been accepted by the 
Government, or is operating C/SCS under a current Memorandum of 
Understanding, the Offeror may submit either instead of the 
comprehensive plan.
    (c) The Offeror shall provide information and assistance as 
requested by the Contracting Officer for evaluation of compliance with 
the cited criteria.
    (d) The Government will evaluate the Offeror's plan for C/SCS before 
contract award.
    (e) The prime contractor and the Government shall agree to 
subcontractors selected for application of the C/SCS criteria. The 
Contractor will contractually require the selected subcontractors to 
comply with the criteria. If either the prime or subcontractor requests, 
the Government, at its option, may conduct demonstrations and reviews of 
these selected subcontractors' management systems.

                           (End of provision)

[56 FR 36479, July 31, 1991, as amended at 56 FR 67222, Dec. 30, 1991; 
59 FR 27676, May 27, 1994]



Sec. 252.234-7001  Cost/schedule control systems.

    As prescribed in 234.005-70, use the following clause:

                Cost/Schedule Control Systems (Dec. 1991)

    (a) The Contractor shall establish, maintain, and use in the 
performance of this contract cost/schedule control systems (C/SCS) 
meeting the criteria of DoDI 5000.2, Defense Acquisition Management 
Policies and Procedures.
    (b) Within 90 calendar days of contract award, or a longer period if 
the Contracting Officer agrees, the Contractor shall--
    (1) Furnish the Contracting Officer a description of the C/SCS 
applicable to this contract. The description shall--
    (i) Be in the form and detail as indicated by the AFMCP 173-5, AMC-P 
715-5, NAVSO P3627, DLAH 8400.2, DCAA P7641.47 Cost Schedule Control 
Systems Criteria Joint Implementation Guide (the Guide); or
    (ii) Be in the form and detail required by the Contracting Officer.
    (2) Be prepared to demonstrate the operation of the Contractor's C/
SCS to the Government for compliance with the criteria of DoDI 5000.2.
    (c) The Contracting Officer shall reference the description of the 
accepted C/SCS in the contract. The Contractor shall maintain and

[[Page 113]]

use the accepted C/SCS in the performance of this contract.
    (d) The Contractor shall submit proposed changes to the accepted C/
SCS to the Contracting Officer for review and approval. The Contracting 
Officer shall advise the Contractor of the acceptability of such changes 
within 60 days after receipt.
    (e) When systems existing at time of contract award do not comply 
with the criteria, the Contractor shall make adjustments necessary to 
ensure compliance at no change in contract price or fee.
    (f) The Contractor agrees to provide access to all pertinent records 
and data requested by the Contracting Officer or duly authorized 
representative. Access is for the purpose of reviewing the demonstration 
in paragraph (b) of this clause and also to permit Government 
surveillance to ensure continuing application of the accepted systems to 
this contract.
    (g) The Contractor shall correct deviations from accepted systems 
discovered during contract performance, as directed by the Contracting 
Officer.
    (h) The Contractor shall require that each selected subcontractor, 
as agreed to by the Contracting Officer, shall meet the C/SCS criteria 
as set forth in the Guide. All such subcontracts shall have provisions 
for demonstration, review, acceptance, and surveillance of systems, to 
be conducted by the Government, at its option, when requested by the 
Contractor or subcontractor.
    (i) If the Contractor or subcontractor is utilizing C/SCS which have 
been previously accepted, or is operating such systems under a current 
Memorandum of Understanding, the Contracting Officer may waive all or 
part of the provisions concerning demonstration and review.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 59 FR 27677, May 27, 1994]



Sec. 252.235-7000  Indemnification under 10 U.S.C. 2354--fixed price.

    As prescribed in 235.070-3, use the following clause:

      Indemnification Under 10 U.S.C. 2354--Fixed Price (Dec. 1991)

    (a) This clause provides for indemnification under 10 U.S.C. 2354 if 
the Contractor meets all the terms and conditions of this clause.
    (b) Claims, losses, and damages covered--
    (1) Claims by third persons for death, bodily injury, sickness, or 
disease, or the loss, damage, or lost use of property. Claims include 
those for reasonable expenses of litigation or settlement. The term 
third persons includes employees of the contractor;
    (2) The loss, damage, and lost use of the Contractor's property, but 
excluding lost profit; and
    (3) Loss, damage, or lost use of the Government's property.
    (c) The claim, loss, or damage--
    (1) Must arise from the direct performance of this contract;
    (2) Must not be compensated by insurance or other means, or be 
within deductible amounts of the Contractor's insurance;
    (3) Must result from an unusually hazardous risk as specifically 
defined in the contract;
    (4) Must not result from willful misconduct or lack of good faith on 
the part of any of the Contractor's directors or officers, managers, 
superintendents, or other equivalent representatives who have 
supervision or direction of--
    (i) All or substantially all of the Contractor's business;
    (ii) All or substantially all of the Contractor's operations at any 
one plant or separate location where this contract is being performed; 
or
    (iii) A separate and complete major industrial operation connected 
with the performance of this contract;
    (5) Must not be a liability assumed under any contract or agreement 
(except for subcontracts covered by paragraph (h) of this clause), 
unless the Contracting Officer (or in contracts with the Department of 
the Navy, the Department) specifically approved the assumption of 
liability; and
    (6) Must be certified as just and reasonable by the Secretary of the 
department or designated representative.
    (d) The Contractor shall buy and maintain, to the extent available, 
insurance against unusually hazardous risks in the form, amount, 
period(s) of time, at the rate(s), and with such insurers, as the 
Contracting Officer (or, for Navy contracts, the Department) may from 
time to time require and approve. If the cost of this insurance is 
higher than the cost of the insurance the Contractor had as of the date 
of the contract, the Government shall reimburse the Contractor for the 
difference in cost, as long as it is properly allocable to this contract 
and is not included in the contract price. The Government shall not be 
liable for claims, loss, or damage if insurance was available and is 
either required or approved under this paragraph.
    (e) A reduction of the insurance coverage maintained by the 
Contractor on the date of the execution of this contract shall not 
increase the Government's liability under this clause unless the 
Contracting Officer consents, and the contract price is equitably 
adjusted, if appropriate, to reflect the Contractor's consideration for 
the Government's assumption of increased liability.

[[Page 114]]

    (f) Notice. The Contractor shall--
    (1) Promptly notify the Contracting Officer of any occurrence, 
action, or claim that might trigger the Government's liability under 
this clause;
    (2) Furnish the proof or evidence of any claim, loss, or damage in 
the form and manner that the Government requires; and
    (3) Immediately provide copies of all pertinent papers that the 
Contractor receives or has received.
    (g) The Government may direct, participate in, and supervise the 
settlement or defense of the claim or action. The Contractor shall 
comply with the Government's directions and execute any authorizations 
required.
    (h) Flowdown. The Government shall indemnify the Contractor if the 
Contractor has an obligation to indemnify a subcontractor under any 
subcontract at any tier under this contract for the unusually hazardous 
risk identified in this contract only if--
    (1) The Contracting Officer gave prior written approval for the 
Contractor to provide in a subcontract for the Contractor to indemnify 
the subcontractor for unusually hazardous risks defined in this 
contract;
    (2) The Contracting Officer approved those indemnification 
provisions;
    (3) The subcontract indemnification provisions entitle the 
Contractor, or the Government, or both, to direct, participate in, and 
supervise the settlement or defense of relevant actions and claims; and
    (4) The subcontract provides the same rights and duties, the same 
provisions for notice, furnishing of papers and the like, between the 
Contractor and the subcontractor, as exist between the Government and 
the Contractor under this clause.
    (i) The Government may discharge its obligations under paragraph (h) 
of this clause by making payments directly to subcontractors or to 
persons to whom the subcontractors may be liable.
    (j) The rights and obligations of the parties under this clause 
shall survive the termination, expiration, or completion of this 
contract.

                             (End of clause)



Sec. 252.235-7001  Indemnification under 10 U.S.C. 2354--cost reimbursement.

    As prescribed in 235.070-3, use the following clause:

  Indemnification Under 10 U.S.C. 2354--Cost Reimbursement (Dec. 1991)

    (a) This clause provides for indemnification under 10 U.S.C. 2354 if 
the Contractor meets all the terms and conditions of this clause.
    (b) Claims, losses, and damages covered--
    (1) Claims by third persons for death, bodily injury, sickness, or 
disease, or the loss, damage, or lost use of property. Claims include 
those for reasonable expenses of litigation or settlement. The term 
``third persons'' includes employees of the Contractor;
    (2) The loss, damage, and lost use of the Contractor's property, but 
excluding lost profit; and
    (3) Loss, damage, or lost use of the Government's property.
    (c) The claim, loss, or damage--
    (1) Must arise from the direct performance of this contract;
    (2) Must not be compensated by insurance or other means, or be 
within deductible amounts of the Contractor's insurance;
    (3) Must result from an unusually hazardous risk as specifically 
defined in the contract;
    (4) Must not result from willful misconduct or lack of good faith on 
the part of any of the Contractor's directors or officers, managers, 
superintendents, or other equivalent representatives who have 
supervision or direction of--
    (i) All or substantially all of the Contractor's business;
    (ii) All or substantially all of the Contractor's operations at any 
one plant or separate location where this contract is being performed; 
or
    (iii) A separate and complete major industrial operation connected 
with the performance of this contract;
    (5) Must not be a liability assumed under any contract or agreement 
(except for subcontracts covered by paragraph (i) of this clause), 
unless the Contracting Officer (or in contracts with the Department of 
the Navy, the Department) specifically approved the assumption of 
liability; and
    (6) Must be certified as just and reasonable by the Secretary of the 
department or designated representative.
    (d) A reduction of the insurance coverage maintained by the 
Contractor on the date of the execution of this contract shall not 
increase the Government's liability under this clause unless the 
Contracting Officer consents, and the contract price is equitably 
adjusted, if appropriate, to reflect the Contractor's consideration for 
the Government's assumption of increased liability.
    (e) Notice. The Insurance--Liability to Third Persons clause of this 
contract applies also to claims under this clause. In addition, the 
Contractor shall--
    (1) Promptly notify the Contracting Officer of any occurrence, 
action, or claim that might trigger the Government's liability under 
this clause;
    (2) Furnish the proof or evidence of any claim, loss, or damage in 
the form and manner that the Government requires; and

[[Page 115]]

    (3) Immediately provide copies of all pertinent papers that the 
contractor receives or has received.
    (f) The Government may direct, participate in, and supervise the 
settlement or defense of the claim or action. The Contractor shall 
comply with the Government's directions, and execute any authorizations 
required.
    (g) The Limitation of Cost clause of this contract does not apply to 
the Government's obligations under this clause. The obligations under 
this clause are excepted from the release required by the Allowable 
Cost, Fee, and Payment clause of this contract.
    (h) Under this clause, a claim, loss, or damage arises from the 
direct performance of this contract if the cause of the claim, loss, or 
damage occurred during the period of performance of this contract or as 
a result of the performance of this contract.
    (i) Flowdown. The Government shall indemnify the Contractor if the 
Contractor has an obligation to indemnify a subcontractor under any 
subcontract at any tier under this contract for the unusually hazardous 
risk identified in this contract only if--
    (1) The Contracting Officer gave prior written approval for the 
Contractor to provide in a subcontract for the Contractor to indemnify 
the subcontractor for unusually hazardous risks defined in this 
contract;
    (2) The Contracting Officer approved those indemnification 
provisions;
    (3) The subcontract indemnification provisions entitle the 
Contractor, or the Government, or both, to direct, participate in, and 
supervise the settlement or defense of relevant actions and claims; and
    (4) The subcontract provides the same rights and duties, the same 
provisions for notice, furnishing of paper and the like, between the 
Contractor and the subcontractor, as exist between the Government and 
the Contractor under this clause.
    (j) The Government may discharge its obligations under paragraph (i) 
of this clause by making payments directly to subcontractors or to 
persons to whom the subcontractors may be liable.
    (k) The rights and obligations of the parties under this clause 
shall survive the termination, expiration, or completion of this 
contract.

                             (End of clause)



Sec. 252.235-7002  Animal welfare.

    As prescribed in 235.071(a), use the following clause:

                       Animal Welfare (Dec. 1991)

    (a) The Contractor shall register its research facility with the 
Secretary of Agriculture in accordance with 7 U.S.C. 2316 and 9 CFR 
subpart C, and Sec. 2.30, and furnish evidence of such registration to 
the Contracting Officer before beginning work under this contract.
    (b) The Contractor shall acquire animals only from dealers licensed 
by the Secretary of Agriculture under 7 U.S.C. 2133 and 9 CFR subpart A, 
Secs. 2.1 through 2.11, or from sources that are exempt from licensing 
under those sections.
    (c) The Contractor agrees that the care and use of animals will 
conform with the pertinent laws of the United States and regulations of 
the Department of Agriculture (see 7 U.S.C. 2131 et seq. and 9 CFR 
subchapter A, parts 1 through 4).
    (d) The Contracting Officer may immediately suspend, in whole or in 
part, work and further payments under this contract for failure to 
comply with the requirements of paragraphs (a) through (c) of this 
clause.
    (1) The suspension will stay in effect until the Contractor complies 
with the requirements.
    (2) Failure to complete corrective action within the time specified 
by the Contracting Officer may result in termination of this contract 
and removal of the Contractor's name from the list of contractors with 
approved Public Health Service Welfare Assurances.
    (e) The Contractor may request registration of its facility and a 
current listing of licensed dealers from the Regional Office of the 
Animal and Plant Health Inspection Service (APHIS), United States 
Department of Agriculture (USDA), for the region in which its research 
facility is located. The location of the appropriate APHIS regional 
office, as well as information concerning this program may be obtained 
by contacting the Senior Staff Officer, Animal Care Staff, USDA/APHIS, 
Federal Center Building, Hyattsville, MD 20782.
    (f) The Contractor shall include this clause, including this 
paragraph (f), in all subcontracts involving research of live vertebrate 
animals.

                             (End of clause)



Sec. 252.235-7003  Frequency authorization.

    As prescribed in 235.071(b), use the following clause:

                   Frequency Authorization (Dec. 1991)

    (a) The Contractor shall obtain authorization for radio frequencies 
required in support of this contract.
    (b) For any experimental, developmental, or operational equipment 
for which the appropriate frequency allocation has not been made, the 
Contractor shall provide the technical operating characteristics of the 
proposed electromagnetic radiating device to the Contracting Officer 
during the initial

[[Page 116]]

planning, experimental, or developmental phase of contract performance.
    (c) The Contracting Officer shall furnish the procedures for 
obtaining radio frequency authorization.
    (d) The Contractor shall include this clause, including this 
paragraph (d), in all subcontracts requiring the development, 
production, construction, testing, or operation of a device for which a 
radio frequency authorization is required.

                             (End of clause)

                         Alternate I (Dec. 1991)

    Substitute the following paragraph (c) for paragraph (c) of the 
basic clause if agency procedures authorize use of DD Form 1494, 
Application for Frequency Authorization:
    (c) The Contractor shall use DD Form 1494, Application for Frequency 
Authorization, to obtain radio frequency authorization.



Sec. 252.235-7004  Option to extend the term of the contract.

    As prescribed in 235.015-71(i)(2), use the following clause:

          Option to Extend the Term of the Contract (Dec. 1991)

    If the Contractor's proposal covers an additional period(s) which 
could be treated as an optional period(s), the Contracting Officer may--
    (a) Add the additional period(s) to the contract as an option(s); 
and
    (b) Exercise such option(s) by written notice of exercise at any 
time during the performance period or any extensions thereof.

                             (End of clause)



Sec. 252.235-7005  Contractor-acquired property.

    As prescribed in 235.015-71(i)(2), use the following clause:

                Contractor-Acquired Property (Dec. 1991)

    (a) Definition. Property, as used in this clause, means all 
nonexpendable tangible personal property (except material)--
    (1) Described in FAR 45.101, including automatic data processing 
equipment as defined in FAR 31.001, and facilities as defined in FAR 
45.301;
    (2) Which is acquired with funds provided under this contract for 
the conduct of research;
    (3) Which the Contractor has specifically identified in its 
proposal; and
    (4) Which the Contracting Officer has authorized the Contractor to 
acquire.
    (b) The Contracting Officer may accept the identification and 
description in the Contractor's proposal of property to be Contractor-
acquired property as advance notification required by subparagraphs (a) 
and (b) of the clause of this contract entitled ``Subcontracts Under 
Cost-Reimbursement and Letter Contracts.''
    (c) Except for those items specifically identified in the contract 
as required by Block 27a of the DD Form 2222 (Research Contract (SFRC)/
Modification, Short Form), award of this contract constitutes the 
Contracting Officer's written consent to acquire property in the 
Contractor's proposal.
    (d) The Contracting Officer will approve or disapprove subcontracts 
to acquire the items listed in Block 27a of the DD Form 2222 after the 
award of any contract resulting from this solicitation.

                             (End of clause)



Sec. 252.235-7006  Title to contractor-acquired property.

    As prescribed in 235.015-71(i)(2), use the following clause:

            Title to Contractor-Acquired Property (Dec. 1991)

    (a) Definition. Property, as used in this clause, has the meaning 
given in the Contractor-Acquired Property clause of this contract.
    (b) Title shall vest in the Contractor without further obligation 
when the property--
    (1) Has an acquisition cost of $1,000 or more;
    (2) Was specifically identified in the Contractor's proposal; and
    (3) Is property other than that property for which a determination 
of title is deferred. Property for which the determination of title is 
deferred shall be identified in Block 27b of the DD Form 2222, Research 
Contract (SFRC)/Modification, Short Form.
    (c) Title in all property which--
    (1) Has an acquisition cost of $1,000 or more; and
    (2) Was not specifically identified in the Contractor's proposal; or
    (3) Is property for which a determination of title is deferred, may 
vest--
    (i) In the Government;
    (ii) In the Contractor; or
    (iii) In the Contractor, subject to the right of the Government to 
direct transfer of the title back to the Government or third parties. 
The Government may exercise this right at any time up to and including 
the twelfth month after completion or termination of the contract. The 
Government at any time may remove an item of property

[[Page 117]]

from this category, give up the right to direct transfer of the title 
back to the Government or third parties, and transfer title to the 
Contractor.
    (d) Transfer of title back to the Government or third parties shall 
not be the basis for any claim by the Contractor. The Government 
Property (Cost-Reimbursement, Time and Material, or Labor Hour 
Contracts) clause and its Alternate I of this contract apply to any 
changes in property.
    (e) Property acquired with funds made available under this contract 
shall be considered Government property subject to the Government 
Property clause until title to such property vests in the Contractor 
without right of the Government to direct transfer of the title back to 
the Government or third parties.
    (f) Within 45 days following the end of the calendar year or the 
Contractor's fiscal year, the Contractor shall furnish the Contracting 
Officer a list of all property with an acquisition cost of $1,000 or 
more which the Contractor acquired under this contract during that year 
and to which title has not vested in the Contractor.

                             (End of clause)



Sec. 252.235-7007  Advance payments.

    As prescribed in 235.015-71(i)(2), use the following clause:

                      Advance Payments (Dec. 1991)

    The advance payment pool agreement between the Contractor and one or 
more military departments which is in effect as of the date of, and 
applies to, this contract shall govern advance payments made under this 
contract. If such an agreement is not in effect as of the date of this 
contract, the Allowable Cost and Payment clause of this contract shall 
govern payments to the Contractor.

                             (End of clause)



Sec. 252.235-7008  Inspection and acceptance.

    As prescribed in 235.015-71(i)(2), use the following clause:

                  Inspection and Acceptance (Dec. 1991)

    The Scientific Program Officer designated in Block 11 on the DD Form 
2222 (Research Contract (SFRC)/Modification, Short Form) of this 
contract shall conduct inspection and acceptance of the final delivery. 
The Scientific Program Officer shall have at least 30 days after 
contractual delivery for acceptance.

                             (End of clause)



Sec. 252.235-7009  Restriction on printing.

    As prescribed in 235.015-71(i)(2), use the following clause:

                   Restriction on Printing (Dec. 1991)

    The Contractor is authorized to reproduce reports, data, or other 
written materials, if required, provided the material produced does not 
exceed 5,000 production units of any page, and items consisting of 
multiple pages do not exceed 25,000 production units in the aggregate. 
The Contractor shall obtain the express prior written authorization of 
the Contracting Officer to reproduce material in excess of these 
quantities.

                             (End of clause)



Sec. 252.235-7010  Acknowledgment of support and disclaimer.

    As prescribed in 235.071(c), use the following clause:

           Acknowledgment of Support and Disclaimer (May 1995)

    (a) The Contractor shall include an acknowledgment of the 
Government's support in the publication of any material based on or 
developed under this contract, stated in the following terms: This 
material is based upon work supported by the (name of contracting 
agency(ies)) under Contract No. (Contracting agency(ies) contract 
number(s)).
    (b) All material, except scientific articles or papers published in 
scientific journals, must, in addition to any notices or disclaimers by 
the Contractor, also contain the following disclaimer: Any opinions, 
findings and conclusions or recommendations expressed in this material 
are those of the author(s) and do not necessarily reflect the views of 
the (name of contracting agency(ies)).

                             (End of clause)

[60 FR 29503, June 5, 1995]



Sec. 252.235-7011  Final scientific or technical report.

    As prescribed in 235.071(d), use the following clause:

             Final Scientific or Technical Report (May 1995)

    The Contractor shall submit two copies of the approved scientific or 
technical report delivered under this contract to the Defense Technical 
Information Center (DTIC), Attn: DTIC-OC, Cameron Station, Alexandria, 
VA

[[Page 118]]

22304-6145. The Contractor shall include a completed Standard Form 298, 
Report Documentation Page, with each copy of the report. For submission 
of reports in other than paper copy, contact the Defense Technical 
Information Center, Attn: DTIC-OC, Cameron Station, Alexandria, VA 
22304-6145.

                             (End of clause)

[60 FR 29503, June 5, 1995]



Sec. 252.236-7000  Modification proposals--price breakdown.

    As prescribed in 236.570(a), use the following clause:

           Modification Proposals--Price Breakdown (Dec. 1991)

    (a) The Contractor shall furnish a price breakdown, itemized as 
required and within the time specified by the Contracting Officer, with 
any proposal for a contract modification.
    (b) The price breakdown--
    (1) Must include sufficient detail to permit an analysis of profit, 
and of all costs for--
    (i) Material;
    (ii) Labor;
    (iii) Equipment;
    (iv) Subcontracts; and
    (v) Overhead; and
    (2) Must cover all work involved in the modification, whether the 
work was deleted, added, or changed.
    (c) The Contractor shall provide similar price breakdowns to support 
any amounts claimed for subcontracts.
    (d) The Contractor's proposal shall include a justification for any 
time extension proposed.

                             (End of clause)



Sec. 252.236-7001  Contract drawings, maps, and specifications.

    As prescribed in 236.570(a), use the following clause:

         Contract Drawings, Maps, and Specifications (Dec. 1991)

    (a) The Government--
    (1) Will provide the Contractor, without charge, ________ sets (five 
unless otherwise specified) of large-scale contract drawings and 
specifications except publications incorporated into the technical 
provisions by reference;
    (2) Will furnish additional sets on request, for the cost of 
reproduction; and
    (3) May, at its option, furnish the Contractor one set of 
reproducibles, or half-size drawings, in lieu of the drawings in 
paragraph (a)(1) of this clause.
    (b) The Contractor shall--
    (1) Check all drawings furnished immediately upon receipt;
    (2) Compare all drawings and verify the figures before laying out 
the work;
    (3) Promptly notify the Contracting Officer of any discrepancies; 
and
    (4) Be responsible for any errors which might have been avoided by 
complying with this paragraph (b).
    (c) Large scale drawings shall, in general, govern small scale 
drawings. Figures marked on drawings shall, in general, be followed in 
preference to scale measurements.
    (d) Omissions from the drawings or specifications or the 
misdescription of details of work which are manifestly necessary to 
carry out the intent of the drawings and specifications, or which are 
customarily performed, shall not relieve the contractor from performing 
such omitted or misdescribed details of the work, but shall be performed 
as if fully and correctly set forth and described in the drawings and 
specifications.
    (e) The work shall conform to the specifications and the contract 
drawings identified on the following index of drawings:

                                                                        
      Title             File               and            Drawing No.   
                                                                        
                                                                        
                                                                        


                             (End of clause)



Sec. 252.236-7002  Obstruction of navigable waterways.

    As prescribed in 236.570(b)(1), use the following clause:

             Obstruction of Navigable Waterways (Dec. 1991)

    (a) The Contractor shall--
    (1) Promptly recover and remove any material, plant, machinery, or 
appliance which the contractor loses, dumps, throws overboard, sinks, or 
misplaces, and which, in the opinion of the Contracting Officer, may be 
dangerous to or obstruct navigation;
    (2) Give immediate notice, with description and locations of any 
such obstructions, to the Contracting Officer; and
    (3) When required by the Contracting Officer, mark or buoy such 
obstructions until the same are removed.
    (b) The Contracting Officer may--
    (1) Remove the obstructions by contract or otherwise should the 
Contractor refuse, neglect, or delay compliance with paragraph (a) of 
this clause; and
    (2) Deduct the cost of removal from any monies due or to become due 
to the Contractor; or
    (3) Recover the cost of removal under the Contractor's bond.
    (c) The Contractor's liability for the removal of a vessel wrecked 
or sunk without

[[Page 119]]

fault or negligence is limited to that provided in sections 15, 19, and 
20 of the River and Harbor Act of March 3, 1899 (33 U.S.C. 410 et seq.).

                             (End of clause)



Sec. 252.236-7003  Payment for mobilization and preparatory work.

    As prescribed in 236.570(b)(2), use the following clause:

        Payment for Mobilization and Preparatory Work (Dec. 1991)

    (a) The Government will make payment to the Contractor under the 
procedures in this clause for mobilization and preparatory work under 
item no. __________.
    (b) Payments will be made for actual payments by the Contractor on 
work preparatory to commencing actual work on the construction items for 
which payment is provided under the terms of this contract, as follows--
    (1) For construction plant and equipment exceeding $25,000 in value 
per unit (as appraised by the Contracting Officer at the work site) 
acquired for the execution of the work;
    (2) Transportation of all plant and equipment to the site;
    (3) Material purchased for the prosecution of the contract, but not 
to be incorporated in the work;
    (4) Construction of access roads or railroads, camps, trailer 
courts, mess halls, dormitories or living quarters, field headquarters 
facilities, and construction yards;
    (5) Personal services; and
    (6) Hire of plant.
    (c) Requests for payment must include--
    (1) A certified account of the Contractor's actual expenditures;
    (2) Supporting documentation, including receipted bills or certified 
copies of payrolls and freight bills; and
    (3) The Contractor's certificate--
    (i) Showing that it has acquired the construction plant, equipment, 
and material free from all encumbrances;
    (ii) Agreeing that the construction plant, equipment, and material 
will not be removed from the site without the written permission of the 
Contracting Officer; and
    (iii) Agreeing that structures and facilities prepared or erected 
for the prosecution of the contract work will be maintained and not 
dismantled prior to the completion and acceptance of the entire work, 
without the written permission of the Contracting Officer.
    (d) Upon receiving a request for payment, the Government will make 
payment, less any prescribed retained percentage, if--
    (1) The Contracting Officer finds the--
    (i) Construction plant, material, equipment, and the mobilization 
and preparatory work performed are suitable and necessary to the 
efficient prosecution of the contract; and
    (ii) Preparatory work has been done with proper economy and 
efficiency.
    (2) Payments for construction plant, equipment, material, and 
structures and facilities prepared or erected for prosecution of the 
contract work do not exceed--
    (i) The Contractor's cost for the work performed less the estimated 
value upon completion of the contract; and
    (ii) 100 percent of the cost to the contractor of any items having 
no appreciable salvage value; and
    (iii) 75 percent of the cost to the contractor of items which do 
have an appreciable salvage value.
    (e) (1) Payments will continue to be made for item no. ________, and 
all payments will be deducted from the contract price for this item, 
until the total deductions reduce this item to zero, after which no 
further payments will be made under this item.
    (2) If the total of payments so made does not reduce this item to 
zero, the balance will be paid to the Contractor in the final payment 
under the contract.
    (3) The retained percentage will be paid in accordance with the 
Payments to Contractor clause of this contract.
    (f) The Contracting Officer shall determine the value and 
suitability of the construction plant, equipment, materials, structures 
and facilities. The Contracting Officer's determinations are not subject 
to appeal.

                             (End of clause)



Sec. 252.236-7004  Payment for mobilization and demobilization.

    As prescribed in 236.570(b)(2), use the following clause:

         Payment for Mobilization and Demobilization (Dec. 1991)

    (a) The Government will pay all costs for the mobilization and 
demobilization of all of the Contractor's plant and equipment at the 
contract lump sum price for this item.
    (1) ________ percent of the lump sum price upon completion of the 
contractor's mobilization at the work site.
    (2) The remaining ________ percent upon completion of 
demobilization.
    (b) The Contracting Officer may require the Contractor to furnish 
cost data to justify this portion of the bid if the Contracting Officer 
believes that the percentages in paragraphs (a) (1) and (2) of this 
clause do not bear a reasonable relation to the cost of the work in this 
contract.

[[Page 120]]

    (1) Failure to justify such price to the satisfaction of the 
Contracting Officer will result in payment, as determined by the 
Contracting Officer, of--
    (i) Actual mobilization costs at completion of mobilization;
    (ii) Actual demobilization costs at completion of demobilization; 
and
    (iii) The remainder of this item in the final payment under this 
contract.
    (2) The Contracting Officer's determination of the actual costs in 
paragraph (b)(1) of this clause is not subject to appeal.

                             (End of clause)



Sec. 252.236-7005  Airfield safety precautions.

    As prescribed in 236.570(b)(3), use the following clause. At some 
airfields, the width of the primary surface is 1,500 feet (750 feet on 
each side of the runway centerline). In such instances, substitute the 
proper width in the clause.

                 Airfield Safety Precautions (Dec. 1991)

    (a) Definitions. As used in this clause--
    (1) Landing areas means--
    (i) The primary surfaces, comprising the surface of the runway, 
runway shoulders, and lateral safety zones. The length of each primary 
surface is the same as the runway length. The width of each primary 
surface is 2,000 feet (1,000 feet on each side of the runway 
centerline);
    (ii) The clear zone beyond the ends of each runway, i.e., the 
extension of the primary surface for a distance of 1,000 feet beyond 
each end of each runway;
    (iii) All taxiways, plus the lateral clearance zones along each side 
for the length of the taxiways (the outer edge of each lateral clearance 
zone is laterally 250 feet from the far or opposite edge of the taxiway, 
e.g., a 75-foot-wide taxiway would have a combined width of taxiway and 
lateral clearance zones of 425 feet); and
    (iv) All aircraft parking aprons, plus the area 125 feet in width 
extending beyond each edge all around the aprons.
    (2) Safety precaution areas means those portions of approach-
departure clearance zones and transitional zones where placement of 
objects incident to contract performance might result in vertical 
projections at or above the approach-departure clearance, or the 
transitional surface.
    (i) The approach-departure clearance surface is an extension of the 
primary surface and the clear zone at each end of each runway, for a 
distance of 50,000 feet, first along an inclined (glide angle) and then 
along a horizontal plane, both flaring symmetrically about the runway 
centerline extended.
    (A) The inclined plane (glide angle) begins in the clear zone 200 
feet past the end of the runway (and primary surface) at the same 
elevation as the end of the runway. It continues upward at a slope of 
50:1 (1 foot vertically for each 50 feet horizontally) to an elevation 
of 500 feet above the established airfield elevation. At that point the 
plane becomes horizontal, continuing at that same uniform elevation to a 
point 50,000 feet longitudinally from the beginning of the inclined 
plane (glide angle) and ending there.
    (B) The width of the surface at the beginning of the inclined plane 
(glide angle) is the same as the width of the clear zone. It then flares 
uniformly, reaching the maximum width of 16,000 feet at the end.
    (ii) The approach-departure clearance zone is the ground area under 
the approach-departure clearance surface.
    (iii) The transitional surface is a sideways extension of all 
primary surfaces, clear zones, and approach-departure clearance surfaces 
along inclined planes.
    (A) The inclined plane in each case begins at the edge of the 
surface.
    (B) The slope of the incline plane is 7:1 (1 foot vertically for 
each 7 feet horizontally). It continues to the point of intersection 
with the--
    (1) Inner horizontal surface (which is the horizontal plane 150 feet 
above the established airfield elevation); or
    (2) Outer horizontal surface (which is the horizontal plane 500 feet 
above the established airfield elevation), whichever is applicable.
    (iv) The ``transitional zone'' is the ground area under the 
transitional surface. (It adjoins the primary surface, clear zone, and 
approach-departure clearance zone.)
    (b) General. (1) The Contractor shall comply with the requirements 
of this clause while--
    (i) Operating all ground equipment (mobile or stationary);
    (ii) Placing all materials; and
    (iii) Performing all work, upon and around all airfields.
    (2) The requirements of this clause are in addition to any other 
safety requirements of this contract.
    (c) The Contractor shall--
    (1) Report to the Contracting Officer before initiating any work;
    (2) Notify the Contracting Officer of proposed changes to locations 
and operations;
    (3) Not permit either its equipment or personnel to use any runway 
for purposes other than aircraft operation without permission of the 
Contracting Officer, unless the runway is--
    (i) Closed by order of the Contracting Officer; and
    (ii) Marked as provided in paragraph (d)(2) of this clause;

[[Page 121]]

    (4) Keep all paved surfaces, such as runways, taxiways, and 
hardstands, clean at all times and, specifically, free from small stones 
which might damage aircraft propellers or jet aircraft;
    (5) Operate mobile equipment according to the safety provisions of 
this clause, while actually performing work on the airfield. At all 
other times, the Contractor shall remove all mobile equipment to 
locations--
    (i) Approved by the Contracting Officer;
    (ii) At a distance of at least 750 feet from the runway centerline, 
plus any additional distance; and
    (iii) Necessary to ensure compliance with the other provisions of 
this clause; and
    (6) Not open a trench unless material is on hand and ready for 
placing in the trench. As soon as practicable after material has been 
placed and work approved, the Contractor shall backfill and compact 
trenches as required by the contract. Meanwhile, all hazardous 
conditions shall be marked and lighted in accordance with the other 
provisions of this clause.
    (d) Landing areas. The Contractor shall--
    (1) Place nothing upon the landing areas without the authorization 
of the Contracting Officer;
    (2) Outline those landing areas hazardous to aircraft, using (unless 
otherwise authorized by the Contracting Officer) red flags by day, and 
electric, battery-operated low-intensity red flasher lights by night;
    (3) Obtain, at an airfield where flying is controlled, additional 
permission from the control tower operator every time before entering 
any landing area, unless the landing area is marked as hazardous in 
accordance with paragraph (d)(2) of this clause;
    (4) Identify all vehicles it operates in landing areas by means of a 
flag on a staff attached to, and flying above, the vehicle. The flag 
shall be three feet square, and consist of a checkered pattern of 
international orange and white squares of 1 foot on each side (except 
that the flag may vary up to ten percent from each of these dimensions);
    (5) Mark all other equipment and materials in the landing areas, 
using the same marking devices as in paragraph (d)(2) of this clause; 
and
    (6) Perform work so as to leave that portion of the landing area 
which is available to aircraft free from hazards, holes, piles of 
material, and projecting shoulders that might damage an airplane tire.
    (e) Safety precaution areas. The Contractor shall--
    (1) Place nothing upon the safety precaution areas without 
authorization of the Contracting Officer;
    (2) Mark all equipment and materials in safety precaution areas, 
using (unless otherwise authorized by the Contracting Officer) red flags 
by day, and electric, battery-operated, low-intensity red flasher lights 
by night; and
    (3) Provide all objects placed in safety precaution areas with a red 
light or red lantern at night, if the objects project above the 
approach-departure clearance surface or above the transitional surface.

                             (End of clause)



Sec. 252.236-7006  Cost limitation.

    As prescribed in 236.570(b)(4), use the following provision:

                       Cost Limitation (Dec. 1991)

    (a) Certain items in this solicitation are subject to statutory cost 
limitations. The limitations are stated in the Schedule.
    (b) An offer which does not state separate prices for the items 
identified in the Schedule as subject to a cost limitation may be 
considered nonresponsive.
    (c) By signing its offer, the Offeror certifies that each price 
stated on items identified as subject to a cost limitation includes an 
appropriate apportionment of all costs, direct and indirect, overhead, 
and profit.
    (d) Offers may be rejected which--
    (1) Are materially unbalanced for the purpose of bringing items 
within cost limitations; or
    (2) Exceed the cost limitations, unless the limitations have been 
waived by the Government prior to award.

                           (End of provision)



Sec. 252.236-7007  Additive or deductive items.

    As prescribed in 236.570(b)(5), use the following provision:

                 Additive or Deductive Items (Dec. 1991)

    (a) The low offeror and the items to be awarded shall be determined 
as follows--
    (1) Prior to the opening of bids, the Government will determine the 
amount of funds available for the project.
    (2) The low offeror shall be the Offeror that--
    (i) Is otherwise eligible for award; and
    (ii) Offers the lowest aggregate amount for the first or base bid 
item, plus or minus (in the order stated in the list of priorities in 
the bid schedule) those additive or deductive items that provide the 
most features within the funds determined available.
    (3) The Contracting Officer shall evaluate all bids on the basis of 
the same additive or deductive items.
    (i) If adding another item from the bid schedule list of priorities 
would make the award exceed the available funds for all offerors, the 
Contracting Officer will skip

[[Page 122]]

that item and go to the next item from the bid schedule of priorities; 
and
    (ii) Add that next item if an award may be made that includes that 
item and is within the available funds.
    (b) The Contracting Officer will use the list of priorities in the 
bid schedule only to determine the low offeror. After determining the 
low offeror, an award may be made on any combination of items if--
    (1) It is in the best interest of the Government;
    (2) Funds are available at the time of award; and
    (3) The low offeror's price for the combination to be awarded is 
less than the price offered by any other responsive, responsible 
offeror.
    (c) Example. The amount available is $100,000. Offeror A's base bid 
and four additives (in the order stated in the list of priorities in the 
bid Schedule) are $85,000, $10,000, $8,000, $6,000, and $4,000. Offeror 
B's base bid and four additives are $80,000, $16,000, $9,000, $7,000, 
and $4,000. Offeror A is the low offeror. The aggregate amount of 
offeror A's bid for purposes of award would be $99,000, which includes a 
base bid plus the first and fourth additives. The second and third 
additives were skipped because each of them would cause the aggregate 
bid to exceed $100,000.

                           (End of provision)



Sec. 252.236-7008  Contract prices--bidding schedules.

    As prescribed in 236.570(b)(6), use the following provision:

             Contract Prices--Bidding Schedules (Dec. 1991)

    (a) The Government's payment for the items listed in the Bidding 
Schedule shall constitute full compensation to the Contractor for--
    (1) Furnishing all plant, labor, equipment, appliances, and 
materials; and
    (2) Performing all operations required to complete the work in 
conformity with the drawings and specifications.
    (b) The Contractor shall include in the prices for the items listed 
in the Bidding Schedule all costs for work in the specifications, 
whether or not specifically listed in the Bidding Schedule.

                           (End of provision)



Sec. 252.236-7009  Option for supervision and inspection services.

    As prescribed in 236.609-70, use the following clause:

       Option for Supervision and Inspection Services (Dec. 1991)

    (a) The Government may--
    (1) At its option, direct the Contractor to perform any part or all 
of the supervision and inspection services for the construction contract 
as provided under appendix A of this contract; and
    (2) Exercise its option, by written order, at any time prior to six 
months after satisfactory completion and acceptance of the work under 
this contract.
    (b) Upon receipt of the Contracting Officer's written order, the 
Contractor shall proceed with the supervision and inspection services.

                             (End of clause)



Sec. 252.237-7000  Notice of special standards of responsibility.

    As prescribed in 237.203-70(d)(1), use the following provision:

        Notice of Special Standards of Responsibility (Dec. 1991)

    (a) To be determined responsible, the Offeror must meet the general 
standards of responsibility set forth at FAR 9.104-1 and the following 
criteria, as described in Chapter 3, General Standards, of ``Government 
Auditing Standards.''
    (1) Qualifications;
    (2) Independence; and
    (3) Quality Control.
    (b) ``Government Auditing Standards'' is issued by the Comptroller 
General of the United States and is available for sale from the: 
Superintendent of Documents, U.S. Government Printing Office. 
Washington, DC 20401, Stock number 020-000-00243-3.
    (c) The apparently successful Offeror, before award, shall give the 
Contracting Officer evidence that it is licensed by the cognizant 
licensing authority in the state or other political jurisdiction where 
the Offeror operates its professional practice.

                           (End of provision)



Sec. 252.237-7001  Compliance with audit standards.

    As prescribed in 237.203-70(d)(2), use the following clause:

               Compliance With Audit Standards (Dec. 1991)

    The Contractor, in performance of all audit services under this 
contract, shall comply with--
    (a) Government Auditing Standards set forth in ``Government Auditing 
Standards'' issued by the Comptroller General of the United States.

[[Page 123]]

    (b) Office of Management and Budget Circular No. A-73, Audit of 
Federal Operations and Programs.

                             (End of clause)



Sec. 252.237-7002  Award to single offeror.

    As prescribed in 237.7004(a), use the following provision:

                   Award to Single Offeror (Dec. 1991)

    (a) Award shall be made to a single offeror.
    (b) Offerors shall include unit prices for each item. Failure to 
include unit prices for each item will be cause for rejection of the 
entire offer.
    (c) The Government will evaluate offers on the basis of the 
estimated quantities shown.
    (d) Award will be made to that responsive, responsible offeror whose 
total aggregate offer is the lowest price to the Government.

                           (End of provision)

                         Alternate I (Dec. 1991)

    As prescribed in 237.7004(a), substitute the following paragraph (d) 
for paragraph (d) of the basic provision:

    (d) Award will be made to that responsive, responsible offeror whose 
total aggregate offer is in the best interest of the Government.



Sec. 252.237-7003  Requirements.

    As prescribed in 237.7004(b), use the following clause:

                        Requirements (Dec. 1991)

    (a) Except as provided in paragraphs (c) and (d) of this clause, the 
Government will order from the Contractor all of its requirements in the 
area of performance for the supplies and services listed in the schedule 
of this contract.
    (b) Each order will be issued as a delivery order and will list--
    (1) The supplies or services being ordered;
    (2) The quantities to be furnished;
    (3) Delivery or performance dates;
    (4) Place of delivery or performance;
    (5) Packing and shipping instructions;
    (6) The address to send invoices; and
    (7) The funds from which payment will be made.
    (c) The Government may elect not to order supplies and services 
under this contract in instances where the body is removed from the area 
for medical, scientific, or other reason.
    (d) In an epidemic or other emergency, the contracting activity may 
obtain services beyond the capacity of the Contractor's facilities from 
other sources.
    (e) Contracting Officers of the following activities may order 
services and supplies under this contract--

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

                             (End of clause)



Sec. 252.237-7004  Area of performance.

    As prescribed in 237.7004(b), use the following clause:

                     Area of Performance (Dec. 1991)

    (a) The area of performance is as specified in the contract.
    (b) The Contractor shall take possession of the remains at the place 
where they are located, transport them to the Contractor's place of 
preparation, and later transport them to a place designated by the 
Contracting Officer.
    (c) The Contractor will not be reimbursed for transportation when 
both the place where the remains were located and the delivery point are 
within the area of performance.
    (d) If remains are located outside the area of performance, the 
Contracting Officer may place an order with the Contractor under this 
contract or may obtain the services elsewhere. If the Contracting 
Officer requires the Contractor to transport the remains into the area 
of performance, the Contractor shall be paid the amount per mile in the 
schedule for the number of miles required to transport the remains by a 
reasonable route from the point where located to the boundary of the 
area of performance.
    (e) The Contracting Officer may require the Contractor to deliver 
remains to any point within 100 miles of the area of performance. In 
this case, the Contractor shall be paid the amount per mile in the 
schedule for the number of miles required to transport the remains by a 
reasonable route from the boundary of the area of performance to the 
delivery point.

                             (End of clause)



Sec. 252.237-7005  Performance and delivery.

    As prescribed in 237.7004(b), use the following clause:

                  Performance and Delivery (Dec. 1991)

    (a) The Contractor shall furnish the material ordered and perform 
the services specified as promptly as possible but not later than 36 
hours after receiving notification to remove the remains, excluding the 
time necessary for the Government to inspect and check results of 
preparation.

[[Page 124]]

    (b) The Government may, at no additional charge, require the 
Contractor to hold the remains for an additional period not to exceed 72 
hours from the time the remains are casketed and final inspection 
completed.

                             (End of clause)



Sec. 252.237-7006  Subcontracting.

    As prescribed in 237.7004(b), use the following clause:

                       Subcontracting (Dec. 1991)

    The Contractor shall not subcontract any work under this contract 
without the Contracting Officer's written approval. This clause does not 
apply to contracts of employment between the Contractor and its 
personnel.

                             (End of clause)



Sec. 252.237-7007  Termination for default.

    As prescribed in 237.7004(b), use the following clause:

                   Termination for Default (Dec. 1991)

    (a) This clause supplements and is in addition to the Default clause 
of this contract.
    (b) The Contracting Officer may terminate this contract for default 
by written notice without the ten day notice required by paragraph 
(a)(2) of the Default clause if--
    (1) The Contractor, through circumstances reasonably within its 
control or that of its employees, performs any act under or in 
connection with this contract, or fails in the performance of any 
service under this contract and the act or failures may reasonably be 
considered to reflect discredit upon the Department of Defense in 
fulfilling its responsibility for proper care of remains;
    (2) The Contractor, or its employees, solicits relatives or friends 
of the deceased to purchase supplies or services not under this 
contract. (The Contractor may furnish supplies or arrange for services 
not under this contract, only if representatives of the deceased 
voluntarily request, select, and pay for them.);
    (3) The services or any part of the services are performed by anyone 
other than the Contractor or the Contractor's employees without the 
written authorization of the Contracting Officer;
    (4) The Contractor refuses to perform the services required for any 
particular remains; or
    (5) The Contractor mentions or otherwise uses this contract in its 
advertising in any way.

                             (End of clause)



Sec. 252.237-7008  Group interment.

    As prescribed in 237.7004(b), use the following clause:

                       Group Interment (Dec. 1991)

    The Government will pay the Contractor for supplies and services 
provided for remains interred as a group on the basis of the number of 
caskets furnished, rather than on the basis of the number of persons in 
the group.

                             (End of clause)



Sec. 252.237-7009  Permits.

    As prescribed in 237.7004(b), use the following clause:

                           Permits (Dec. 1991)

    The Contractor shall meet all State and local licensing requirements 
and obtain and furnish all necessary health department and shipping 
permits at no additional cost to the Government. The Contractor shall 
ensure that all necessary health department permits are in order for 
disposition of the remains.

                             (End of clause)



Sec. 252.237-7010  Facility requirements.

    As prescribed in 237.7004(b), use the following clause:

                    Facility Requirements (Dec. 1991)

    (a) The Contractor's building shall have complete facilities for 
maintaining the highest standards of solemnity, reverence, assistance to 
the family, and prescribed ceremonial services.
    (b) The Contractor's preparation room shall be clean, sanitary, and 
adequately equipped.
    (c) The Contractor shall have, or be able to get, catafalques, 
church trucks, and equipment for Protestant, Catholic, and Jewish 
services.
    (d) The Contractor's funeral home, furnishings, grounds, and 
surrounding area shall present a clean and well-kept appearance.

                             (End of clause)



Sec. 252.237-7011  Preparation history.

    As prescribed in 237.7004(b), use the following clause:

[[Page 125]]

                     Preparation History (Dec. 1991)

    For each body prepared, or for each casket handled in a group 
interment, the Contractor shall state briefly the results of the 
embalming process on a certificate furnished by the Contracting Officer.

                             (End of clause)



Sec. 252.237-7012  Instruction to offerors (count-of-articles).

    As prescribed in 237.7102(a), use the following provision:

         Instruction to Offerors (Count-of-Articles) (Dec. 1991)

    (a) The Offeror shall include unit prices for each item in a lot. 
Unit prices shall include all costs to the Government of providing the 
services, including pickup and delivery charges.
    (b) Failure to offer on any item in a lot shall be cause for 
rejection of the offer on that lot. The Contracting Officer will 
evaluate offers based on the estimated quantities in the solicitation.
    (c) Award generally will be made to a single offeror for all lots. 
However, the Contracting Officer may award by individual lot when it is 
more advantageous to the Government.
    (d) Prospective offerors may inspect the types of articles to be 
serviced. Contact the Contracting Officer to make inspection 
arrangements.

                           (End of provision)



Sec. 252.237-7013  Instruction to offerors (bulk weight).

    As prescribed in 237.7102(b), use the following provision:

            Instruction to Offerors (Bulk Weight) (Dec. 1991)

    (a) Offers shall be submitted on a unit price per pound of serviced 
laundry. Unit prices shall include all costs to the Government of 
providing the service, including pickup and delivery charges.
    (b) The Contracting Officer will evaluate bids based on the 
estimated pounds of serviced laundry stated in the solicitation.
    (c) Award generally will be made to a single offeror for all lots. 
However, the Contracting Officer may award by individual lot when it is 
more advantageous to the Government.
    (d) Prospective offerors may inspect the types of articles to be 
serviced. Contact the Contracting Officer to make inspection 
arrangements.

                           (End of provision)



Sec. 252.237-7014  Loss or damage (count-of-articles).

    As prescribed in 237.7102(c), use the following clause:

             Loss or Damage (Count-of-Articles) (Dec. 1991)

    (a) The count-of-articles will be--
    (1) The count of the Contracting Officer; or
    (2) The count agreed upon as a result of a joint count by the 
Contractor and the Contracting Officer at the time of delivery to the 
Contractor.
    (b) The Contractor shall--
    (1) Be liable for return of the number and kind of articles 
furnished for service under this contract; and
    (2) Shall indemnify the Government for any loss or damage to such 
articles.
    (c) The Contractor shall pay to the Government the value of any lost 
or damaged property using Federal supply schedule price lists. If the 
property is not on these price lists, the Contracting Officer shall 
determine a fair and reasonable price.
    (d) The Contracting Officer will allow credit for any depreciation 
in the value of the property at the time of loss or damage. The 
Contracting Officer and the Contractor shall mutually determine the 
amount of the allowable credit.
    (e) Failure to agree upon the value of the property or on the amount 
of credit due will be treated as a dispute under the Disputes clause of 
this contract.
    (f) In case of damage to any property that the Contracting Officer 
and the Contractor agree can be satisfactorily repaired, the Contractor 
may repair the property at its expense in a manner satisfactory to the 
Contracting Officer, rather than make payment under paragraph (c) of 
this clause.

                             (End of clause)



Sec. 252.237-7015  Loss or damage (weight of articles).

    As prescribed in 237.7102(d), use the following clause:

             Loss or Damage (Weight of Articles) (Dec. 1991)

    (a) The Contractor shall--
    (1) Be liable for return of the articles furnished for service under 
this contract; and
    (2) Indemnify the Government for any articles delivered to the 
Contractor for servicing under this contract that are lost or damaged, 
and in the opinion of the Contracting Officer, cannot be repaired 
satisfactorily.
    (b) The Contractor shall pay to the Government ________ per pound 
for lost or damaged articles. The Contractor shall pay the

[[Page 126]]

Government only for losses which exceed the maximum weight loss in 
paragraph (e) of this clause.
    (c) Failure to agree on the amount of credit due will be treated as 
a dispute under the Disputes clause of this contract.
    (d) In the case of damage to any articles that the Contracting 
Officer and the Contractor agree can be satisfactorily repaired, the 
Contractor shall repair the articles at its expense in a manner 
satisfactory to the Contracting Officer.
    (e) The maximum weight loss allowable in servicing the laundry is 
________ percent of the weight recorded on delivery tickets when the 
laundry is picked up. Any weight loss in excess of this amount shall be 
subject to the loss provisions of this clause.

                             (End of clause)



Sec. 252.237-7016  Delivery tickets.

    As prescribed in 237.7102(e), use the following clause:

                      Delivery Tickets (Dec. 1991)

    (a) The Contractor shall complete delivery tickets in the number of 
copies required and in the form approved by the Contracting Officer, 
when it receives the articles to be serviced.
    (b) The Contractor shall include one copy of each delivery ticket 
with its invoice for payment.

                             (End of clause)

                         Alternate I (Dec. 1991)

    As prescribed in 237.7102(e)(1), add the following paragraphs (c), 
(d), and (e) to the basic clause:

    (c) Before the Contractor picks up articles for service under this 
contract, the Contracting Officer will ensure that--
    (1) Each bag contains only articles within a single bag type as 
specified in the schedule; and
    (2) Each bag is weighed and the weight and bag type are identified 
on the bag.
    (d) The Contractor shall, at time of pickup--
    (1) Verify the weight and bag type and record them on the delivery 
ticket; and
    (2) Provide the Contracting Officer, or representative, a copy of 
the delivery ticket.
    (e) At the time of delivery, the Contractor shall record the weight 
and bag type of serviced laundry on the delivery ticket. The Contracting 
Officer will ensure that this weight and bag type are verified at time 
of delivery.

                        Alternate II (Dec. 1991)

    As prescribed in 237.7102(e)(2), add the following paragraphs (c), 
(d), and (e) to the basic clause--

    (c) Before the Contractor picks up articles for service under this 
contract, the Contracting Officer will ensure that each bag is weighed 
and that the weight is identified on the bag.
    (d) The Contractor, at time of pickup, shall verify and record the 
weight on the delivery ticket and shall provide the Contracting Officer, 
or representative, a copy of the delivery ticket.
    (e) At the time of delivery, the Contractor shall record the weight 
of serviced laundry on the delivery ticket. The Contracting Officer will 
ensure that this weight is verified at time of delivery.



Sec. 252.237-7017  Individual laundry.

    As prescribed in 237.7102(f), use the following clause:

                     Individual Laundry (Dec. 1991)

    (a) The Contractor shall provide laundry service under this contract 
on both a unit bundle and on a piece-rate bundle basis for individual 
personnel.
    (b) The total number of pieces listed in the ``Estimated Quantity'' 
column in the schedule is the estimated amount of individual laundry for 
this contract. The estimate is for information only and is not a 
representation of the amount of individual laundry to be ordered. 
Individuals may elect whether or not to use the laundry services.
    (c) Charges for individual laundry will be on a per unit bundle or a 
piece-rate basis. The Contractor shall provide individual laundry bundle 
delivery tickets for use by the individuals in designating whether the 
laundry is a unit bundle or a piece-rate bundle. An individual laundry 
bundle will be accompanied by a delivery ticket listing the contents of 
the bundle.
    (d) The maximum number of pieces to be allowed per bundle is as 
specified in the schedule and as follows--
    (1) Bundle consisting of 26 pieces, including laundry bag. This 
bundle will contain approximately ________ pieces of outer garments 
which shall be starched and pressed. Outer garments include, but are not 
limited to, shirts, trousers, jackets, dresses, and coats.
    (2) Bundle consisting of 13 pieces, including laundry bag. This 
bundle will contain approximately ________ pieces of outer garments 
which shall be starched and pressed. Outer garments include, but are not 
limited to, shirts, trousers, jackets, dresses, and coats.


[[Page 127]]



                             (End of clause)



Sec. 252.237-7018  Special definitions of government property.

    As prescribed in 237.7102(g), use the following clause:

         Special Definitions of Government Property (Dec. 1991)

    Articles delivered to the Contractor to be laundered or dry-cleaned, 
including any articles which are actually owned by individual Government 
personnel, are Government-owned property, not Government-furnished 
property. Government-owned property does not fall under the requirements 
of any Government-furnished property clause of this contract.

                             (End of clause)



Sec. 252.237-7019  Identification of uncompensated overtime.

    As prescribed in 237.170-3, use the following provision:

          Identification of Uncompensated Overtime (Apr. 1992)

    (a) Definitions. As used in this provision--
    (1) Uncompensated overtime means the hours worked in excess of an 
average of 40 hours per week by direct charge employees who are exempt 
from the Fair Labor Standards Act (FLSA), without additional 
compensation. Compensated personal absences, such as holidays, 
vacations, and sick leave, shall be included in the normal work week for 
purposes of computing uncompensated overtime hours.
    (2) Uncompensated overtime rate is the rate which results from 
multiplying the hourly rate for a 40 hour work week by 40, and then 
dividing by the proposed hours per week. For example, 45 hours proposed 
on a 40 hour work week basis at $20.00 would be converted to an 
uncompensated overtime rate of $17.78 per hour. ($20  x  40) divided by 
45=$17.78.
    (b) For any hours proposed against which an uncompensated overtime 
rate is applied, the Offeror shall identify in its proposal the hours in 
excess of an average of 40 hours per week, at the same level of detail 
as compensated hours, and the uncompensated overtime rate per hour, 
whether at the prime or subcontract level. This includes uncompensated 
overtime hours that are in indirect cost pools for personnel whose 
regular hours are normally charged direct.
    (c) The Offeror's accounting practices used to estimate 
uncompensated overtime must be consistent with its cost accounting 
practices used to accumulate and report uncompensated overtime hours.
    (d) Proposals which include unrealistically low labor rates, or 
which do not otherwise demonstrate cost realism, will be considered in a 
risk assessment and evaluated for award in accordance with that 
assessment.
    (e) The Offeror shall include a copy of its policy addressing 
uncompensated overtime with its proposal.

                           (End of provision)

[56 FR 67222, Dec. 30, 1991, as amended at 57 FR 14996, Apr. 23, 1992; 
57 FR 42633, Sept. 15, 1992]
252.237-7020--252.237-7021  [Reserved]



Sec. 252.237-7022  Services at installations being closed.

    As prescribed in 237.7402, use the following clause:

            Services at Installations Being Closed (May 1995)

    Professional employees shall be used by the local government to 
provide services under this contract to the extent that professionals 
are available in the area under the jurisdiction of such government.

                             (End of clause)

[59 FR 36090, July 15, 1994, as amended at 60 FR 29503, June 5, 1995]



Sec. 252.239-7000  Protection against compromising emanations.

    As prescribed in 239.7102-3(a), use the following clause:

         Protection Against Compromising Emanations (Dec. 1991)

    (a) The Contractor shall provide or use only computer equipment, as 
specified by the Government, that has been accredited to meet the 
appropriate security requirements of--
    (1) The National Security Agency National TEMPEST Standards (NACSEM 
No. 5100 or NACSEM No. 5100A, Compromising Emanations Laboratory Test 
Standard, Electromagnetics (U)); or
    (2) Other standard specified by this contract.
    (b) Upon request of the Contracting Officer, the Contractor shall 
provide documentation supporting the accreditation.
    (c) The Government may, as part of its inspection and acceptance, 
conduct additional tests to ensure that equipment or systems delivered 
under this contract satisfy the security standards specified. The 
Government may conduct additional tests--
    (1) At the installation site or contractor's facility.

[[Page 128]]

    (2) Notwithstanding the existence of valid accreditations of 
equipment prior to the award of this contract.
    (d) Unless otherwise provided in this contract under the Warranty of 
Supplies or Warranty of Systems and Equipment clauses, the Contractor 
shall correct or replace accepted equipment or systems found to be 
deficient within one year after proper installations.
    (1) The correction or replacement shall be at no cost to the 
Government.
    (2) Should a modification to the delivered equipment be made by the 
Contractor, the one year period applies to the modification upon its 
proper installation.
    (3) This paragraph (d) applies regardless of f.o.b. point or the 
point of acceptance of the deficient equipment/systems.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 56 FR 67222, Dec. 30, 1991]
52.239-7001  [Reserved]



Sec. 252.239-7002  Access.

    As prescribed in 239.7411(a), use the following clause:

                           Access (Dec. 1991)

    (a) Subject to military security regulations, the Government shall 
permit the Contractor access at all reasonable times to Contractor 
furnished facilities. However, if the Government is unable to permit 
access, the Government at its own risk and expense shall maintain these 
facilities and the Contractor shall not be responsible for the service 
involving any of these facilities during the period of nonaccess, unless 
the service failure results from the Contractor's fault or negligence.
    (b) During periods when the Government does not permit Contractor 
access, the Government will reimburse the Contractor at mutually 
acceptable rates for the loss of or damage to the equipment due to the 
fault or negligence of the Government. Failure to agree shall be a 
dispute concerning a question of fact within the meaning of the Disputes 
clause of this contract.

                             (End of clause)



Sec. 252.239-7003  Facilities and services to be furnished--common carriers.

    As prescribed in 239.7411(a), use the following clause:

  Facilities and Services To Be Furnished--Common Carriers (Dec. 1991)

    (a) The Contractor shall furnish any classes of services or 
facilities that the Contractor offers or furnishes under published 
tariffs.
    (b) When it is mutually agreed that the Contractor shall furnish 
nontariffed services, the Government shall order them under the Ordering 
of Facilities and Services clause of this agreement/contract. These 
nontariffed services may include the engineering, installation, 
alteration, or maintenance of facilities owned either by the Contractor 
or the Government, wherever located.
    (c) Upon request of the Contracting Officer, the Contractor agrees 
to interconnect its facilities with any Government-owned or furnished 
telecommunications equipment, facilities, or transmission media. The 
Contractor shall use established technical criteria for ensuring 
continuity of service and traffic without damage to or degradation of 
commercial facilities.

                             (End of clause)



Sec. 252.239-7004  Orders for facilities and services--common carriers.

    As prescribed in 239.7411(a), use the following clause:

     Orders for Facilities and Services--Common Carriers (Dec. 1991)

    The Contractor shall acknowledge a communication service 
authorization or other type order for supplies and facilities by--
    (a) Commencing performance; or
    (b) Written acceptance by a duly authorized representative.

                             (End of clause)



Sec. 252.239-7005  Rates, charges, and services--common carriers.

    As prescribed in 239.7411(a), use the following clause:

        Rates, Charges, and Services--Common Carriers (Dec. 1991)

    (a) Definition--Governmental regulatory body means the Federal 
Communications Commission, any statewide regulatory body, or any body 
with less than statewide jurisdiction when operating under the state 
authority. Regulatory bodies whose decisions are not subject to judicial 
appeal and regulatory bodies which regulate a company owned by the same 
entity which creates the regulatory body are not ``governmental 
regulatory bodies.''
    (b) The Contractor shall furnish the services and facilities under 
this agreement/contract in accordance with--
    (1) All applicable tariffs, rates, charges, rules, regulations, or 
requirements;
    (i) Lawfully established by a governmental regulatory body; and

[[Page 129]]

    (ii) Applicable to service and facilities furnished or offered by 
the Contractor to the general public or the Contractor's subscribers;
    (2) Rates, terms, and conditions of service and facilities furnished 
or offered by the Contractor to the general public or the Contractor's 
subscribers; or
    (3) Rates, terms, and conditions of service as may be agreed upon, 
subject, when appropriate, to jurisdiction of a governmental regulatory 
body.
    (c) The Government shall not prepay for services.
    (d) For nontariffed services, the Contractor shall charge the 
Government at the lowest rate and under the most favorable terms and 
conditions for similar service and facilities offered to any other 
customer.
    (e) Recurring charges for services and facilities shall, in each 
case, start with the satisfactory beginning of service or provision of 
facilities or equipment and are payable monthly in arrears.
    (f) Subject to the Cancellation or Termination of Orders--Common 
Carriers clause, of this agreement/contract, the Government may stop the 
use of any service or facilities furnished under this agreement/contract 
at any time. The Government shall pay the contractor all charges for 
services and facilities adjusted to the effective date of 
discontinuance.
    (g) Expediting charges are costs necessary to get services earlier 
than normal. Examples are overtime pay or special shipment. When 
authorized, expediting charges shall be the additional costs incurred by 
the Contractor and the subcontractor. The Government shall pay 
expediting charges only when--
    (1) They are provided for in the tariff established by a 
governmental regulatory body; or
    (2) They are authorized in a communication service authorization or 
other contractual document.
    (h) When services normally provided are technically unacceptable and 
the development, fabrication, or manufacture of special equipment is 
required, the Government may--
    (1) Provide the equipment; or
    (2) Direct the Contractor to acquire the equipment or facilities. If 
the Contractor acquires the equipment or facilities, the acquisition 
shall be competitive, if practicable.
    (i) If at any time the Government defers or changes its orders for 
any of the services but does not cancel or terminate them, the amount 
paid or payable to the Contractor for the services deferred or modified 
shall be equitably adjusted under applicable tariffs filed by the 
Contractor with the regulatory commission in effect at the time of 
deferral or change. If no tariffs are in effect, the Government and the 
Contractor shall equitably adjust the rates by mutual agreement. Failure 
to agree on any adjustment shall be a dispute concerning a question of 
fact within the meaning of the Disputes clause of this contract.

                             (End of clause)



Sec. 252.239-7006  Tariff information.

    As prescribed in 239.7411(a), use the following clause:

                     Tariff Information (Dec. 1991)

    (a) The Contractor shall provide to the Contracting Officer--
    (1) Upon request, a copy of the Contractor's current existing 
tariffs (including changes);
    (2) Before filing any application to a Federal, State, or any other 
regulatory agency for new or changes to, rates, charges, services, or 
regulations relating to any tariff or any of the facilities or services 
to be furnished solely or primarily to the Government; and
    (3) Upon request, a copy of all information, material, and data 
developed or prepared in support of or in connection with an application 
under paragraph (a)(2) of this clause.
    (b) The Contractor shall notify the Contracting Officer of any 
application that anyone other than the Contractor files with a 
governmental regulatory body which affects or will affect the rate or 
conditions of services under this agreement/contract. These requirements 
also apply to applications pending on the effective date of this 
agreement/contract.

                             (End of clause)



Sec. 252.239-7007  Cancellation or termination of orders--common carriers.

    As prescribed in 239.7411(a), use the following clause:

   Cancellation or Termination of Orders--Common Carriers (Dec. 1991)

    (a) If the Government cancels any of the services ordered under this 
agreement/contract, before the services are made available to the 
Government, or terminates any of these services after they are made 
available to the Government, the Government shall reimburse the 
Contractor for the actual nonrecoverable costs the Contractor has 
reasonably incurred in providing facilities and equipment for which the 
Contractor has no foreseeable reuse.
    (b) The amount of the Government's liability upon cancellation or 
termination of any of the services ordered under this agreement/contract 
will be determined under applicable tariffs governing cancellation and 
termination charges which--

[[Page 130]]

    (1) Are filed by the Contractor with a governmental regulatory body, 
as defined in the Rates, Charges, and Services--Common Carriers clause 
of this agreement/contract;
    (2) Are in effect on the date of termination; and
    (3) Provide specific cancellation or termination charges for the 
facilities and equipment involved or show how to determine the charges.
    (c) The amount of the Government's liability upon cancellation or 
termination of any of the services ordered under this agreement/
contract, which are not subject to a governmental regulatory body, will 
be determined under a mutually agreed schedule in the communication 
services authorization (CSA) or other contractual document.
    (d) If no applicable tariffs are in effect on the date of 
cancellation or termination or set forth in the applicable CSA or other 
contractual document, the Government's liability will be determined 
under the following settlement procedures--
    (1) The Contractor agrees to provide the Contracting Officer, in 
such reasonable detail as the Contracting Officer may require, certified 
inventory schedules covering all items of property or facilities in the 
Contractor's possession, the cost of which is included in the Basic 
Cancellation or Termination Liability for which the Contractor has no 
foreseeable reuse.
    (2) The Contractor shall use its best efforts to sell property or 
facilities when the Contractor has no foreseeable reuse or when the 
Government has not exercised its option to take title under the title to 
Telecommunications Facilities and Equipment clause of this agreement/
contract. The Contractor shall apply any proceeds of the sale to reduce 
any payments by the Government to the Contractor under a cancellation or 
termination settlement.
    (3) The Contractor shall record actual nonrecoverable costs under 
established accounting procedures prescribed by the cognizant 
governmental regulatory authority or, if no such procedures have been 
prescribed, under generally accepted accounting procedures applicable to 
the provision of telecommunication services for public use.
    (4) The actual nonrecoverable costs are the installed costs of the 
facilities and equipment, less cost of reusable materials, and less net 
salvage value. Installed costs shall include the actual cost of 
equipment and materials specifically provided or used, plus the actual 
cost of installing (including engineering, labor, supervision, 
transportation, rights-of-way, and any other items which are chargeable 
to the capital accounts of the Contractor) less any costs the Government 
may have directly reimbursed the Contractor under the Special 
Construction and Equipment Charges clause of this agreement/contract. 
Deduct from the Contractor's installed cost, the net salvage value 
(salvage value less cost of removal). In determining net salvage value, 
give consideration to foreseeable reuse of the facilities and equipment 
by the Contractor. Make allowance for the cost of dismantling, removal, 
reconditioning, and disposal of the facilities and equipment when 
necessary either to the sale of facilities or their reuse by the 
Contractor in another location.
    (5) The Basic Cancellation Liability is defined as the actual 
nonrecoverable cost which the Government shall reimburse the Contractor 
at the time services are cancelled. The Basic Termination Liability is 
defined as the nonrecoverable cost amortized in equal monthly increments 
throughout the liability period. Upon termination of services, the 
Government shall reimburse the Contractor for the nonrecoverable cost 
less such costs amortized to the date services are terminated. Establish 
the liability period as mutually agreed to but not to exceed ten years.
    (6) When the Basic Cancellation or Termination Liability established 
by the CSA or other contractual document is based on estimated costs, 
the Contractor agrees to settle on the basis of actual cost at the time 
of termination or cancellation.
    (7) The Contractor agrees that, if after settlement but within the 
termination liability period of the services, should the Contractor make 
reuse of equipment or facilities which were treated as nonreusable or 
nonsalvagable in the settlement, the Contractor shall reimburse the 
Government for the value of the equipment or facilities.
    (8) The Contractor agrees to exclude--
    (i) Any costs which are not included in determining cancellation and 
termination charges under the Contractor's standard practices or 
procedures; and
    (ii) Charges not ordinarily made by the Contractor for similar 
facilities or equipment, furnished under similar circumstances.
    (e) The Government may, under such terms and conditions as it may 
prescribe, make partial payments and payments on account against costs 
incurred by the Contractor in connection with the canceled or terminated 
portion of this agreement/contract. The Government may make these 
payments if in the opinion of the Contracting Officer the total of the 
payments is within the amount the Contractor is entitled. If the total 
of the payments is in excess of the amount finally agreed or determined 
to be due under this clause, the Contractor shall pay the excess to the 
Government upon demand.
    (f) Failure to agree shall be a dispute concerning a question of 
fact within the meaning of the Disputes clause.


[[Page 131]]



                             (End of clause)



Sec. 252.239-7008  Reuse arrangements.

    As prescribed in 239.7411(a), use the following clause:

                     Reuse Arrangements (Dec. 1991)

    (a) When feasible, the Contractor shall reuse canceled or terminated 
facilities or equipment to minimize the charges to the Government.
    (b) If at any time the Government requires that telecommunications 
facilities or equipment be relocated within the Contractor's service 
area, the Government shall have the option of paying the costs of 
relocating the facilities or equipment in lieu of paying any termination 
or cancellation charge under the Cancellation or Termination of Orders-
Common Carriers clause of this agreement/contract. The Basic Termination 
Liability applicable to the facilities or equipment in their former 
location shall continue to apply to the facilities and equipment in 
their new location. Monthly rental charges shall continue to be paid 
during the period.
    (c) When there is another requirement or foreseeable reuse in place 
of canceled or terminated facilities or equipment, no charge shall apply 
and the Basic Cancellation or Termination Liability shall be 
appropriately reduced. When feasible, the Contractor shall promptly 
reuse discontinued channels or facilities, including equipment for which 
the Government is obligated to pay a minimum service charge.

                             (End of clause)



Sec. 252.239-7009  Submission of cost or pricing data--common carriers.

    As prescribed in 239.7411(a), use the following clause:

     Submission of Cost or Pricing Data--Common Carriers (Dec. 1991)

    The Contractor agrees to provide certified cost or pricing data, 
upon request by the Contracting Officer, whenever--
    (a) The services are nontariffed services;
    (b) A tariff, whether filed or to be filed, is for new services 
installed or developed primarily for Government use;
    (c) A tariff, whether filed or to be filed, does not include the 
special rates and charges;
    (d) More than one commercial source (one or more of which is a 
common carrier) can offer the service but price competition is not 
adequate;
    (e) Required to support the reasonableness of special assembly rates 
and charges;
    (f) Required to support the reasonableness of special construction 
and equipment charges;
    (g) Required to support the reasonableness of those contingent 
liabilities which are fixed at the outset of the service;
    (h) Required to support proposed cancellation and termination 
charges (under the Cancellation or Termination Orders clause) and reuse 
arrangements (under the Reuse Arrangements clause); or
    (i) Required to support rates contained in voluntary tariffs filed 
by nondominant common carriers.

                             (End of clause)



Sec. 252.239-7010  Audit and records--common carriers.

    As prescribed in 239.7411(a), use the following clause:

              Audit and Records--Common Carriers (NOV 1995)

    (a) For the purpose of verifying the accuracy of the cost or pricing 
data submitted under the Submission of Cost or Pricing Data--Common 
Carriers clause of this agreement/contract, the Contracting Officer or 
authorized representative shall have the right to examine the 
Contractor's records, the computations and projections used, and other 
supporting data, as defined in 4.703(a) of the Federal Acquisition 
Regulation, which will permit adequate evaluation of the cost or pricing 
data. This right applies to cost and pricing data which were available 
to the Contractor as of the date of the certification and shall last--
    (1) Until the expiration of three years from the date of the 
submission of the data which forms the basis for a recurring or 
nonrecurring charge; or
    (2) Until the expiration of the period of contingent liability with 
respect to that contingent liability.
    (b) The Contractor shall maintain records and other evidence, and 
accounting procedures and practices, sufficient to show the direct and 
indirect costs which were the basis for pricing the communication 
service authorization.
    (c) The Contractor shall insert the substance of this clause in 
subcontracts which furnish the basis for charges referred to in 
paragraph (a) of this clause unless the Contracting Officer authorizes 
its omission.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 60 FR 61602, Nov. 30, 1995]



Sec. 252.239-7011  Special construction and equipment charges.

    As prescribed in 239.7411(b), use the following clause:

[[Page 132]]

         Special Construction and Equipment Charges (Dec. 1991)

    (a) The Government will not directly reimburse the Contractor for 
the cost of constructing any facilities or providing any equipment, 
unless the Contracting Officer authorizes direct reimbursement.
    (b) If the Contractor stops using facilities or equipment which the 
Government has, in whole or part, directly reimbursed, the Contractor 
shall allow the Government credit for the value of the facilities or 
equipment attributable to the Government's contribution. Determine the 
value of the facilities and equipment on the basis of their foreseeable 
reuse by the Contractor at the time their use is discontinued or on the 
basis of the net salvage value, whichever is greater. The Contractor 
shall promptly pay the Government the amount of any credit.
    (c) The amount of the direct special construction charge shall not 
exceed--
    (1) The actual costs to the Contractor; and
    (2) An amount properly allocable to the services to be provided to 
the Government.
    (d) The amount of the direct special construction charge shall not 
include costs incurred by the Contractor which are covered by--
    (1) A cancellation or termination liability; or
    (2) The Contractor's recurring or other nonrecurring charges.
    (e) The Contractor represents that--
    (1) Recurring charges for the services, facilities, and equipment do 
not include in the rate base any costs that have been reimbursed by the 
Government to the Contractor; and
    (2) Depreciation charges are based only on the cost of facilities 
and equipment paid by the Contractor and not reimbursed by the 
Government.
    (f) If it becomes necessary for the Contractor to incur costs to 
replace any facilities or equipment, the Government shall assume those 
costs or reimburse the Contractor for replacement costs at mutually 
acceptable rates under the following circumstances--
    (1) The Government paid direct special construction charges; or
    (2) The Government reimbursed the Contractor for those facilities or 
equipment as a part of the recurring charges; and
    (3) The need for replacement was due to circumstances beyond the 
control and without the fault of the Contractor.
    (g) Before incurring any costs under paragraph (f) of this clause, 
the Government shall have the right to terminate the service under the 
Cancellation or Termination of Orders clause of this contract.

                             (End of clause)



Sec. 252.239-7012   Title to telecommunication facilities and equipment.

    As prescribed in 239.7411(b), use the following clause:

     Title to Telecommunication Facilities and Equipment (Dec. 1991)

    (a) Title to all Contractor furnished facilities and equipment used 
under this agreement/contract shall remain with the Contractor even if 
the Government paid the costs of constructing the facilities or 
equipment. A mutually accepted communications service authorization may 
provide for exceptions.
    (b) The Contractor shall operate and maintain all telecommunication 
facilities and equipment used under this agreement/contract whether the 
Government or the Contractor has title.

                             (End of clause)



Sec. 252.239-7013   Obligation of the Government.

    As prescribed in 239.7411(c), use the following clause:

                Obligation of the Government (Dec. 1991)

    (a) This basic agreement is not a contract. The Government incurs no 
monetary liability under this agreement.
    (b) The Government incurs liability only upon issuance of a 
communications service authorization under the terms of this agreement.

                             (End of clause)



Sec. 252.239-7014   Term of agreement.

    As prescribed in 239.7411(c), use the following clause:

                      Term of Agreement (Dec. 1991)

    (a) This agreement shall continue in force from year to year, unless 
terminated by either party by 60 days written notice.
    (b) Termination of this agreement does not cancel any communication 
service authorizations previously issued.

                             (End of clause)



Sec. 252.239-7015   Continuation of communication service authorizations.

    As prescribed in 239.7411(c), use the following clause:

[[Page 133]]

     Continuaton of Communication Service Authorizations (Dec. 1991)

    (a) All communication service authorizations (CSAs) issued by 
______under Basic Agreement Number ____, dated ____   , are transferred 
to this basic agreement. The CSAs shall continue in full force and 
effect as though placed under this agreement.

    (b) Communication service authorizations currently in effect which 
were issued by the activity in paragraph (a) of this clause under other 
agreements with the Contractor may also be transferred to this 
agreement.

                             (End of clause)



Sec. 252.239-7016   Telecommunications security equipment, devices, techniques, and services.

    As prescribed in 239.7411(d), use the following clause:

Telecommunications Security Equipment, Devices, Techniques, and Services 
                               (Dec. 1991)

    (a) Definitions. As used in this clause--
    (1) Securing means the application of Government-approved 
telecommunications security equipment, devices, techniques, or services 
to contractor telecommunications systems.
    (2) Sensitive information means any information the loss, misuse, or 
modification of which, or unauthorized access to, could adversely affect 
the national interest or the conduct of Federal programs, or the privacy 
to which individuals are entitled under 5 U.S.C. 552a (the Privacy Act), 
but which has not been specifically authorized under criteria 
established by an Executive Order or Act of Congress to be kept secret 
in the interest of national defense or foreign policy.
    (3) Telecommunications systems means voice, record, and data 
communications, including management information systems and local data 
networks that connect to external transmission media, when employed by 
Government agencies, contractors, and subcontractors to transmit--
    (i) Classified or sensitive information;
    (ii) Matters involving intelligence activities, cryptologic 
activities related to national security, the command and control of 
military forces, or equipment that is an integral part of a weapon or 
weapons system; or
    (iii) Matters critical to the direct fulfillment of military or 
intelligence missions.
    (b) This solicitation/contract identifies classified or sensitive 
information that requires securing during telecommunications and 
requires the Contractor to secure telecommunications systems. The 
Contractor agrees to secure information and systems at the following 
location: (Identify the location.)
    (c) To provide the security, the Contractor shall use Government-
approved telecommunications equipment, devices, techniques, or services. 
A list of the approved equipment, etc. may be obtained from (identify 
where list can be obtained). Equipment, devices, techniques, or services 
used by the Contractor must be compatible or interoperable with (list 
and identify the location of any telecommunications security equipment, 
device, technique, or service currently being used by the technical or 
requirements organization or other offices with which the Contractor 
must communicate).
    (d) Except as may be provided elsewhere in this contract, the 
Contractor shall furnish all telecommunications security equipment, 
devices, techniques, or services necessary to perform this contract. The 
Contractor must meet ownership eligibility conditions for communications 
security equipment designated as controlled cryptographic items.
    (e) The Contractor agrees to include this clause, including this 
paragraph (e), in all subcontracts which require securing 
telecommunications.

                             (End of clause)



Sec. 252.241-7000   Superseding contract.

    As prescribed in 241.007-70(a), use the following clause:

                    Superseding Contract (Dec. 1991)

    This contract supersedes contract No. ______, dated ____ which 
provided similar services. Any capital credits accrued to the 
Government, any remaining credits due to the Government under the 
connection charge, or any termination liability are transferred to this 
contract, as follows:

                             Capital Credits

    (List years and accrued credits by year and separate delivery 
points.)

                  Outstanding Connection Charge Credits

    (List by month and year the amount credited and show the remaining 
amount of outstanding credits due the Government.)

                      Termination Liability Charges

    (List by month and year the amount of monthly facility cost 
recovered and show the remaining amount of facility cost to be 
recovered.)

                             (End of clause)



Sec. 252.241-7001   Government access.

    As prescribed in 241.007-70(b), use the following clause:

[[Page 134]]

                      Government Access (Dec. 1991)

    Authorized representatives of the Government may have access to the 
Contractor's on-base facilities upon reasonable notice or in case of 
emergency.

                             (End of clause)



Sec. 252.242-7000   Postaward conference.

    As prescribed in 242.570, use the following clause:

                    Postaward Conference (Dec. 1991)

    The Contractor agrees to attend any postaward conference convened by 
the contracting activity or contract administration office in accordance 
with Federal Acquisition Regulation subpart 42.5.

                             (End of clause)

252.242-7001  [Reserved]



Sec. 252.242-7002   Submission of commercial freight bills for audit.

    As prescribed in 242.1404-2-70(a), use the following clause:

      Submission of Commercial Freight Bills for Audit (Dec. 1991)

    When the Government reimburses the Contractor's transportation 
costs, the Contractor shall furnish individual freight bills (or 
equivalent shipment data and evidence of payments) for transportation 
charges in excess of $500 to the following address:

General Services Administration--BWQAA
GSA Building
18th and F Streets, NW.
Washington, DC 20405

                             (End of clause)



Sec. 252.242-7003  Application for U.S. government shipping documentation/instructions.

    As prescribed in 242.1404-2-70(b), use the following clause:

  Application for U.S. Government Shipping Documentation/Instructions 
                               (Dec. 1991)

    The Contractor shall request Government bills of lading by 
submitting a DD Form 1659, Application for U.S. Government Shipping 
Documentation/Instructions, to the--
    (a) Transportation Officer, if named in the contract schedule; or
    (b) Contract administration office.

                             (End of clause)



Sec. 252.242-7004  Material management and accounting system.

    As prescribed in 242.7206, use the following clause:

          Material Management and Accounting System (SEP 1996)

    (a) Definitions. As used in this clause--
    (1) Material management and accounting system means the Contractor's 
system or systems for planning, controlling, and accounting for the 
acquisition, use, issuing, and disposition of material. Material 
management and accounting systems may be manual or automated. They may 
be stand-alone systems or they may be integrated with planning, 
engineering, estimating, purchasing, inventory, accounting, or other 
systems.
    (2) Valid time-phased requirements means material which is--
    (i) Needed to fulfill the production plan, including reasonable 
quantities for scrap, shrinkage, yield, etc.; and
    (ii) Charged/billed to contracts or other cost objectives in a 
manner consistent with the need to fulfill the production plan.
    (3) Contractor means a business unit as defined in section 31.001 of 
the Federal Acquisition Regulation (FAR).
    (b) General. The Contractor agrees to--
    (1) Maintain a material management and accounting system (MMAS) 
that--
    (i) Reasonably forecasts material requirements;
    (ii) Ensures that costs of purchased and fabricated material charged 
or allocated to a contract are based on valid time-phased requirements; 
and
    (iii) Maintains a consistent, equitable, and unbiased logic for 
costing of material transactions.
    (2) Assess its MMAS and take reasonable action to comply with the 
MMAS standards in paragraph (f) of this clause.
    (c) Applicability. Paragraphs (d) and (e) of this clause apply only 
if the Contractor--
    (1) Is a large business; and
    (2) Received, in its fiscal year preceding award of this contract, 
Department of Defense prime contracts or subcontracts, and their 
modifications totaling--
    (i) $70 million or more; or
    (ii) $30 million or more (but less than $70 million), and is 
notified in writing by the Contracting Officer that paragraphs (d) and 
(e) apply.
    (d) Disclosure, demonstration, and maintenance requirements. (1) The 
Contractor shall--
    (i) Disclose its MMAS to the Administrative Contracting Officer in 
writing; and
    (ii) If requested by the Administrative Contracting Officer, 
demonstrate that the MMAS conforms to the standards in paragraph (f) of 
this clause.

[[Page 135]]

    (2) An MMAS disclosure is adequate when the Contractor has provided 
the Administrative Contracting Officer with documentation which--
    (i) Accurately describes those policies, procedures, and practices 
that the Contractor currently uses in its MMAS; and
    (ii) Provides sufficient detail for the Government to reasonably 
make an informed judgment regarding the adequacy of the MMAS.
    (3) An MMAS demonstration is adequate when the Contractor has 
provided the Administrative Contracting Officer--
    (i) Sufficient evidence to demonstrate the degree of compliance of 
its MMAS with the standards at paragraph (f) of this clause; and
    (ii) Identification of any significant deficiencies, the estimated 
cost impact of the deficiency, and a comprehensive corrective action 
plan.
    (4) The Contractor shall disclose significant changes in its MMAS to 
the Administrative Contracting Officer within 30 days of implementation.
    (5) If the contractor desires the Government to protect such 
information as privileged or confidential, the Contractor shall--
    (i) Notify the Government representative to whom the information is 
submitted, i.e., the ACO, or the auditor; and
    (ii) Ensure an appropriate legend is on the face of the document(s) 
at the time of submission.
    (e) Deficiencies. (1) If the Contractor receives a report which 
identifies deficiencies in its MMAS, the Contractor agrees to respond as 
follows--
    (i) If the Contractor agrees with the report findings and 
recommendations, the Contractor shall--
    (A) Within 30 days, state its agreement in writing; and
    (B) Within 60 days, correct the deficiencies or submit a corrective 
action plan.
    (ii) If the Contractor disagrees with the report findings and 
recommendations, the Contractor shall, within 30 days, state its 
rationale for each area of disagreement.
    (2) The Administrative Contracting Officer shall evaluate the 
Contractor's response and notify the Contractor of the--
    (i) Determination concerning remaining deficiencies;
    (ii) Adequacy of any proposed or completed corrective action plan; 
and
    (iii) Need for any new or revised corrective action plan.
    (f) MMAS standards. MMAS systems shall have adequate internal 
accounting and administrative controls to ensure system and data 
integrity, and comply with the following:
    (1) Have an adequate system description including policies, 
procedures, and operating instructions which comply with the Federal 
Acquisition Regulation and Defense FAR Supplement;
    (2) Ensure that costs of purchased and fabricated material charged 
or allocated to a contract are based on valid time-phased requirements 
as impacted by minimum/economic order quantity restrictions--
    (i) A 98 percent bill of material accuracy and a 95 percent master 
production schedule accuracy are desirable as a goal in order to ensure 
that requirements are both valid and appropriately time-phased.
    (ii) If systems have accuracy levels below these, the Contractor 
shall demonstrate that--
    (A) There is no material harm to the Government due to lower 
accuracy levels; and
    (B) The cost to meet the accuracy goals is excessive in relation to 
the impact on the Government;
    (3) Provide a mechanism to identify, report, and resolve system 
control weaknesses and manual override. Systems should identify 
operational exceptions such as excess/residual inventory as soon as 
known;
    (4) Provide audit trails and maintain records (manual and those in 
machine readable form) necessary to evaluate system logic and to verify 
through transaction testing that the system is operating as desired;
    (5) Establish and maintain adequate levels of record accuracy, and 
include reconciliation of recorded inventory quantities to physical 
inventory by part number on a periodic basis. A 95 percent accuracy 
level is desirable. If systems have an accuracy level below 95 percent, 
the Contractor shall demonstrate that--
    (i) There is no material harm to the Government due to lower 
accuracy levels; and
    (ii) The cost to meet the accuracy goal is excessive in relation to 
the impact on the Government;
    (6) Provide detailed descriptions of circumstances which will result 
in manual or system generated transfers of parts;
    (7) Maintain a consistent, equitable, and unbiased logic for costing 
of material transactions--
    (i) The Contractor shall maintain and disclose written policies 
describing the transfer methodology and the loan/pay-back technique.
    (ii) The costing methodology may be standard or actual cost, or any 
of the inventory costing methods in 48 CFR 9904.411-50(b). Consistency 
shall be maintained across all contract and customer types, and from 
accounting period to accounting period for initial charging and transfer 
charging.
    (iii) The system should transfer parts and associated costs within 
the same billing period. In the few instances where this may not be 
appropriate, the Contractor may accomplish the material transaction 
using a loan/pay-back technique. The ``loan/pay-back technique'' means 
that the physical part is

[[Page 136]]

moved temporarily from the contract, but the cost of the part remains on 
the contract. The procedures for the loan/pay-back technique must be 
approved by the Administrative Contracting Officer. When the technique 
is used, the Contractor shall have controls to ensure--
    (A) Parts are paid back expeditiously;
    (B) Procedures and controls are in place to correct any overbilling 
that might occur;
    (C) Monthly, at a minimum, identification of the borrowing contract 
and the date the part was borrowed; and
    (D) The cost of the replacement part is charged to the borrowing 
contract;
    (8) Where allocations from common inventory accounts are used, have 
controls (in addition to those in paragraphs (b)(2) and (7) of this 
clause) to ensure that--
    (i) Reallocations and any credit due are processed no less 
frequently than the routine billing cycle;
    (ii) Inventories retained for requirements which are not under 
contract are not allocated to contracts; and
    (iii) Algorithms are maintained based on valid and current data;
    (9) Notwithstanding FAR 45.505-3(f)(1)(ii), have adequate controls 
to ensure that physically commingled inventories that may include 
material for which costs are charged or allocated to fixed-price, cost-
reimbursement, and commercial contracts do not compromise requirements 
of any of the standards in paragraphs (f)(1) through (8) of this clause. 
Government furnished material shall not be--
    (i) Physically commingled with other material; or
    (ii) Used on commercial work; and
    (10) Be subjected to periodic internal audits to ensure compliance 
with established policies and procedures.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 61 FR 50456, Sept. 26, 1996]



Sec. 252.242-7005   Cost/schedule status report.

    As prescribed in 242.1107-70, use the following clause:

                 Cost/Schedule Status Report (Dec. 1991)

    (a) The Offeror shall submit a written summary of the management 
procedures it will establish, maintain, and use in the performance of 
any resultant contract that provides for--
    (1) Planning and control of costs;
    (2) Measurement of performance (value for completed tasks); and
    (3) Generation of timely and reliable information for the cost/
schedule status report (C/SSR).
    (b) As a minimum, the Contractor's management procedures must 
provide for--
    (1) Establishing the time-phased budgeted cost of work scheduled 
(including work authorization, budgeting, and scheduling), the budgeted 
cost for work performed, the actual cost of work performed, the budget 
at completion, the estimate at completion, and provisions for 
subcontractor performance measurement and reporting;
    (2) Applying all direct and indirect costs and provisions for use 
and control of management reserve and undistributed budget;
    (3) Incorporating changes to the contract budget base for both 
Government directed changes and internal replanning;
    (4) Establishing constraints to preclude subjective adjustment of 
data to ensure performance measurement remains realistic. Unless the 
Contracting Officer provides prior written approval, in no case shall 
the total allocated budget exceed the contract budget base. For cost 
reimbursement contracts, the contract budget base shall exclude changes 
for cost growth increases, other than for authorized changes to the 
contract scope; and
    (5) Establishing the capability to accurately identify and explain 
significant cost and schedule variances, both on a cumulative basis and 
projected at completion basis.
    (c) The Offeror/Contractor may use a cost/schedule control system 
that has been accepted by a DoD component as complying with DoD cost/
schedule control systems criteria (C/SCSC) of a contract of the same 
nature (e.g., development, production, etc.). The Offeror shall submit a 
copy of the Memorandum of Understanding instead of the written summary 
required in paragraph (a) of this clause.
    (d) The Contracting Officer or designated representative shall visit 
the Contractor's facility to review implementation of the Contractor's 
procedures used to satisfy the C/SSR requirements and to verify that the 
procedures employed provide timely and reliable data. The Contractor 
shall provide necessary documents and data which describe the methods of 
planning, control and data generation in actual operation and satisfy 
the requirements of paragraph (a) of this clause.
    (e) The Contractor shall provide access to all pertinent records, 
company procedures, and data requested by the Contracting Officer, or 
authorized representative, to--
    (1) Show proper implementation of the procedures generating the cost 
schedule information being used to satisfy the C/SSR contractual data 
requirements to the Government; and
    (2) Ensure continuing application of the accepted company procedures 
in satisfying the C/SSR data item.

[[Page 137]]

    (f) The Contractor shall submit any substantive changes to the 
procedures and their impact to the Contracting Officer for review.
    (g) The Contractor shall require a subcontractor to furnish C/SSR in 
each case where the subcontract is other than firm fixed-price, is 12 
months or more in duration, and has critical or significant tasks 
related to the prime contract. Critical or significant tasks shall be 
defined by mutual agreement between the Government and Contractor. Each 
subcontractor's reported cost and schedule information shall be 
incorporated into the Contractor's C/SSR.

                             (End of clause)



Sec. Sec. 252.243-7000  Engineering change proposals.

    As prescribed in 243.205-70, use the following clause:

                 Engineering Change Proposals (May 1994)

    (a) The Contracting Officer may ask the Contractor to prepare 
engineering change proposals for engineering changes within the scope of 
this contract. Upon receipt of a written request from the Contracting 
Officer, the Contractor shall prepare and submit an engineering change 
proposal in accordance with the instructions of MIL-STD-973, in effect 
on the date of contract award.
    (b) The Contractor may initiate engineering change proposals. 
Contractor initiated engineering change proposals shall include a ``not 
to exceed'' price* or a ``not less than'' price* and delivery 
adjustment. If the Contracting Officer orders the engineering change, 
the increase shall not exceed nor the decrease be less than the ``not to 
exceed'' or ``not less than'' amounts**.
---------------------------------------------------------------------------

    * Use a term suitable for the type of contract.
    ** In cost reimbursement type contracts, replace this sentence with 
the following: ``Change orders issued under the Changes clause of this 
contract are not an authorization to exceed the estimated cost in the 
schedule unless there is a statement in the change order, or other 
contract modification, increasing the estimated cost.''
---------------------------------------------------------------------------

    (c) When the price** of the engineering change is $500,000 or more, 
the Contractor shall submit
    (1) A completed SF 1411, Contract Pricing Proposal Cover Sheet, and
    (2) At the time of agreement on price*, a signed Certificate of 
Current Cost or Pricing Data.

                             (End of clause)

                         Alternate I (May 1994)

    As prescribed in 243.205-70, add the following paragraph (d) to the 
basic clause:
    (d) If the price* of a Contractor initiated engineering change is 
____________*** or less, the change, if ordered, shall be made at no 
adjustment in the contract price*.
---------------------------------------------------------------------------

    *** Insert a percentage of the contract price or a dollar amount.

[59 FR 27677, May 27, 1994]



Sec. 252.243-7001  Pricing of contract modifications.

    As prescribed in 243.205-71, use the following clause:

              Pricing of Contract Modifications (Dec. 1991)

    When costs are a factor in any price adjustment under this contract, 
the contract cost principles and procedures in FAR part 31 and DFARS 
part 231, in effect on the date of this contract, apply.

                             (End of clause)



Sec. 252.245-7000  Government-furnished mapping, charting, and geodesy property.

    As prescribed in 245.310-70, use the following clause:

Government-Furnished Mapping, Charting, and Geodesy Property (Dec. 1991)

    (a) Definition--Mapping, charting, and geodesy (MC&G) property means 
geodetic, geomagnetic, gravimetric, aeronautical, topographic, 
hydrographic, cultural, and toponymic data presented in the form of 
topographic, planimetric, relief, or thematic maps and graphics; 
nautical and aeronautical charts and publications; and in simulated, 
photographic, digital, or computerized formats.
    (b) The Contractor shall not duplicate, copy, or otherwise reproduce 
MC&G property for purposes other than those necessary for performance of 
the contract.
    (c) At the completion of performance of the contract, the 
Contractor, as directed by the Contracting Officer, shall either destroy 
or return to the Government all Government-furnished MC&G property not 
consumed in the performance of this contract.


[[Page 138]]



                             (End of clause)



Sec. Sec. 252.245-7001  Reports of Government property.

    As prescribed in 245.505-14(a), use the following clause:

                Reports of Government Property (May 1994)

    (a) The Contractor shall provide an annual report--
    (1) For all DoD property for which the Contractor is accountable 
under the contract;
    (2) Prepared in accordance with the requirements of DD Form 1662, 
DoD Property in the Custody of Contractors, or approved substitute, 
including instructions on the reverse side of the form;
    (3) In duplicate, to the cognizant Government property 
administrator, no later than October 31.
    (b) The Contractor is responsible for reporting all Government 
property accountable to this contract, including that at subcontractor 
and alternate locations.

                             (End of clause)

[59 FR 27677, May 27, 1994]



Sec. 252.246-7000  Material inspection and receiving report.

    As prescribed in 246.370, use the following clause:

          Material Inspection and Receiving Report (Dec. 1991)

    At the time of each delivery of supplies or services under this 
contract, the Contractor shall prepare and furnish to the Government a 
material inspection and receiving report in the manner and to the extent 
required by appendix F, Material Inspection and Receiving Report, of the 
Defense FAR Supplement.

                             (End of clause)



Sec. 252.246-7001  Warranty of data.

    As prescribed in 246.710 (1), use the following clause:

                      Warranty of Data (Dec. 1991)

    (a) Definition--Technical data has the same meaning as given in the 
clause in this contract entitled, Rights in Technical Data and Computer 
Software.
    (b) Warranty. Notwithstanding inspection and acceptance by the 
Government of technical data furnished under this contract, and 
notwithstanding any provision of this contract concerning the 
conclusiveness of acceptance, the Contractor warrants that all technical 
data delivered under this contract will at the time of delivery conform 
with the specifications and all other requirements of this contract. The 
warranty period shall extend for three years after completion of the 
delivery of the line item of data (as identified in DD Form 1423, 
Contract Data Requirements List) of which the data forms a part; or any 
longer period specified in the contract.
    (c) Contractor notification. The Contractor agrees to notify the 
Contracting Officer in writing immediately of any breach of the above 
warranty which the Contractor discovers within the warranty period.
    (d) Remedies. The following remedies shall apply to all breaches of 
the warranty, whether the Contractor notifies the Contracting Officer in 
accordance with paragraph (c) of this clause or if the Government 
notifies the Contractor of the breach in writing within the warranty 
period:
    (1) Within a reasonable time after such notification, the 
Contracting Officer may--
    (i) By written notice, direct the Contractor to correct or replace 
at the Contractor's expense the nonconforming technical data promptly; 
or
    (ii) If the Contracting Officer determines that the Government no 
longer has a requirement for correction or replacement of the data, or 
that the data can be more reasonably corrected by the Government, inform 
the Contractor by written notice that the Government elects a price or 
fee adjustment instead of correction or replacement.
    (2) If the Contractor refuses or fails to comply with a direction 
under paragraph (d) (1)(i) of this clause, the Contracting Officer may, 
within a reasonable time of the refusal or failure--
    (i) By contract or otherwise, correct or replace the nonconforming 
technical data and charge the cost to the Contractor; or
    (ii) Elect a price or fee adjustment instead of correction or 
replacement.
    (3) The remedies in this clause represent the only way to enforce 
the Government's rights under this clause.
    (e) The provisions of this clause apply anew to that portion of any 
corrected or replaced technical data furnished to the Government under 
paragraph (d)(1)(i) of this clause.

                             (End of clause)

                         Alternate I (Dec. 1991)

    As prescribed in 246.710(2), substitute the following for paragraph 
(d)(3) of the basic clause:
    (3) In addition to the remedies under paragraphs (d)(1) and (2) of 
this clause, the Contractor shall be liable to the Government for all 
damages to the Government as a result of the breach of warranty.

[[Page 139]]

    (i) The additional liability under paragraph (d)(3) of this clause 
shall not exceed 75 percent of the target profit.
    (ii) If the breach of the warranty is with respect to the data 
supplied by an equipment subcontractor, the limit of the Contractor's 
liability shall be--
    (A) Ten percent of the total subcontract price in a firm fixed price 
subcontract;
    (B) Seventy-five percent of the total subcontract fee in a cost-
plus-fixed-fee or cost-plus-award-fee subcontract; or
    (C) Seventy-five percent of the total subcontract target profit or 
fee in a fixed-price or cost-plus-incentive-type contract.
    (iii) Damages due the Government under the provisions of this 
warranty are not an allowable cost.
    (iv) The additional liability in paragraph (d)(3) of this clause 
shall not apply--
    (A) With respect to the requirements for product drawings and 
associated lists, special inspection equipment (SIE) drawings and 
associated lists, special tooling drawings and associated lists, SIE 
operating instructions, SIE descriptive documentation, and SIE 
calibration procedures under MIL-T-31000, General Specification for 
Technical Data Packages, Amendment 1, or MIL-T-47500, General 
Specification for Technical Data Packages, Supp 1, or drawings and 
associated lists under level 2 or level 3 of MIL-D-1000A, Engineering 
and Associated Data Drawings, or DoD-D-1000B, Engineering and Associated 
Lists Drawings (Inactive for New Design) Amendment 4, Notice 1; or 
drawings and associated lists under category E or I of MIL-D-1000, 
Engineering and Associated Lists Drawings, provided that the data 
furnished by the Contractor was current, accurate at time of submission, 
and did not involve a significant omission of data necessary to comply 
with the requirements; or
    (B) To defects the Contractor discovers and gives written notice to 
the Government before the Government discovers the error.

                        Alternate II (Dec. 1991)

    As prescribed at 246.710(3), substitute the following paragraph for 
paragraph (d)(3) of the basic clause:
    (3) In addition to the remedies under paragraphs (d)(1) and (2) of 
this clause, the Contractor shall be liable to the Government for all 
damages to the Government as a result of the breach of the warranty.
    (i) The additional liability under paragraph (d)(3) of this clause 
shall not exceed ten percent of the total contract price.
    (ii) If the breach of the warranty is with respect to the data 
supplied by an equipment subcontractor, the limit of the Contractor's 
liability shall be--
    (A) Ten percent of the total subcontract price in a firm fixed-price 
subcontract;
    (B) Seventy-five percent of the total subcontract fee in a cost-
plus-fixed-fee or cost-plus-award-fee subcontract; or
    (C) Seventy-five percent of the total subcontract target profit or 
fee in a fixed-price or cost-plus-incentive-type contract.
    (iii) The additional liability specified in paragraph (d)(3) of this 
clause shall not apply--
    (A) With respect to the requirements for product drawings and 
associated lists, special inspection equipment (SIE) drawings and 
associated lists, special tooling drawings and associated lists, SIE 
operating instructions, SIE descriptive documentation, and SIE 
calibration procedures under MIL-T-31000, General Specification for 
Technical Data Packages, Amendment 1, or MIL-T-47500, General 
Specification for Technical Data Packages, Supp 1, or drawings and 
associated lists under level 2 or level 3 of MIL-D-1000A, Engineering 
and Associated Data Drawings, or DoD-D-1000B, Engineering and Associated 
Lists Drawings (Inactive for New Design) Amendment 4, Notice 1; or 
drawings and associated lists under category E or I of MIL-D-1000, 
Engineering and Associated Lists Drawings, provided that the data 
furnished by the Contractor was current, accurate at time of submission, 
and did not involve a significant omission of data necessary to comply 
with the requirements; or
    (B) To defects the Contractor discovers and gives written notice to 
the Government before the Government discovers the error.



Sec. 252.247-7000  Hardship conditions.

    As prescribed in 247.270-7(a), use the following clause:

                     Hardship Conditions (Dec. 1991)

    (a) The Contractor shall promptly notify the Contracting Officer of 
unusual conditions associated with loading or unloading a particular 
cargo, which will work a hardship on the Contractor if loaded or 
unloaded at the basic commodity rates.
    (b) Unusual conditions include, but are not limited to, 
inaccessibility of place of stowage to the ship's cargo gear, side port 
operations, and small quantities of cargo in any one hatch.
    (c) The Contracting Officer shall investigate the conditions 
promptly after receiving the notice. If the Contracting Officer finds 
that the conditions are unusual and do materially affect the cost of 
loading or unloading, the Contracting Officer will authorize payment at 
the extra-labor rates set forth in the schedule of rates of this 
contract.


[[Page 140]]



                             (End of clause)



Sec. 252.247-7001  Price adjustment.

    As prescribed in 247.270-7(b), use the following clause:

                      Price Adjustment (Dec. 1991)

    (a) The Contractor warrants that the prices set forth in this 
contract--
    (1) Are based upon the wage rates, allowances, and conditions set 
forth in the collective bargaining agreements between the Contractor and 
its employees, in effect as of (insert date), and which are generally 
applicable to the ports where work under this contract is performed;
    (2) Apply to operations by the Contractor on non-Government work as 
well as under this contract; and
    (3) Do not include any allowance for cost increases that may--
    (i) Become effective under the terms of the collective bargaining 
agreements after the date in paragraph (a)(1) of this clause; or
    (ii) Result from modification of the collective bargaining 
agreements after the date in paragraph (a)(1).
    (b) The Contractor shall notify the Contracting Officer within 60 
days of receipt of notice of any changes (increase or decrease) in the 
wage rates, allowances, fringe benefits, and conditions that apply to 
its direct labor employees, if the changes--
    (1) Are pursuant to the provisions of the collective bargaining 
agreements; or
    (2) Are a result of effective modifications to the agreements; and
    (3) Would change the Contractor's costs to perform this contract.
    (c) The Contractor shall include in its notification--
    (1) A proposal for an adjustment in the contract commodity, 
activity, or work-hour prices; and
    (2) Data, in such form as the Contracting Officer may require, 
explaining the--
    (i) Causes;
    (ii) Effective date; and
    (iii) Amount of the increase or decrease in the Contractor's 
proposal for the adjustment.
    (d) Promptly upon receipt of any notice and data described in 
paragraph (c), the Contractor and the Contracting Officer shall 
negotiate an adjustment in the existing contract commodity, activity, or 
man-hour prices. However, no upward adjustment of the existing 
commodity, activity, or work-hour prices will be allowed in excess of 
________ percent per year, except as provided in the Changes clause of 
this contract.
    (1) Changes in the contract prices shall reflect, in addition to the 
direct and variable indirect labor costs, the associated changes in the 
costs for social security, unemployment compensation, taxes, and 
workman's compensation insurance.
    (2) There will be no adjustment to increase the dollar amount 
allowances of the Contractor's profit.
    (3) The agreed upon adjustment, its effective date, and the revised 
commodity, activity, or work-hour prices for services set forth in the 
schedule of rates, shall be incorporated in the contract by supplemental 
agreement.
    (e) There will be no adjustment for any changes in the quantities of 
labor that the Contractor contemplated for each specific commodity, 
except as may result from modifications of the collective bargaining 
agreements. For the purpose of administering this clause, the Contractor 
shall submit to the Contracting Officer, within five days after award, 
the accounting data and computations the Contractor used to determine 
its estimated efficiency rate in the performance of this contract, to 
include the Contractor's computation of the costs apportioned for each 
rate set forth in the schedule of rates.
    (f) Failure of the parties to agree to an adjustment under this 
clause will be deemed to be a dispute concerning a question of fact 
within the meaning of the Disputes clause of this contract. The 
Contractor shall continue performance pending agreement on, or 
determination of, any such adjustment and its effective date.
    (g) The Contractor shall include with the final invoice submitted 
under this contract a certification that the Contractor has not 
experienced a decrease in rates of pay for labor, or that the Contractor 
has given notice of all such decreases in compliance with paragraph (b) 
of this clause.

                             (End of clause)



Sec. 252.247-7002  Revision of prices.

    As prescribed in 247.270-7(c), use the following clause:

                     Revision of Prices (Dec. 1991)

    (a) Definition. Wage adjustment, as used in this clause, means a 
change in the wages, salaries, or other terms or conditions of 
employment which--
    (1) Substantially affects the cost of performing this contract;
    (2) Is generally applicable to the port where work under this 
contract is performed; and
    (3) Applies to operations by the Contractor on non-Government work 
as well as to work under this contract.
    (b) General. The prices fixed in this contract are based on wages 
and working conditions established by collective bargaining agreements, 
and on other conditions in effect on the date of this contract. The 
Contracting

[[Page 141]]

Officer and the Contractor may agree to increase or decrease such prices 
in accordance with this clause.
    (c) Demand for negotiation. (1) At any time, subject to the 
limitations specified in this clause, either the Contracting Officer or 
the Contractor may deliver to the other a written demand that the 
parties negotiate to revise the prices under this contract.
    (2) No such demand shall be made before 90 days after the date of 
this contract, and thereafter neither party shall make a demand having 
an effective date within 90 days of the effective date of any prior 
demand. However, this limitation does not apply to a wage adjustment 
during the 90 day period.
    (3) Each demand shall specify a date (the same as or subsequent to 
the date of the delivery of the demand) as to when the revised prices 
shall be effective. This date is the effective date of the price 
revision.
    (i) If the Contractor makes a demand under this clause, the demand 
shall briefly state the basis of the demand and include the statements 
and data referred to in paragraph (d) of this clause.
    (ii) If the demand is made by the Contracting Officer, the 
Contractor shall furnish the statements and data within 30 days of the 
delivery of the demand.
    (d) Submission of data. At the times specified in paragraphs 
(c)(3)(i) and (ii) of this clause, the Contractor shall submit--
    (1) A new estimate and breakdown of the unit cost and the proposed 
prices for the services the Contractor will perform under this contract 
after the effective date of the price revision, itemized to be 
consistent with the original negotiations of the contract;
    (2) An explanation of the difference between the original (or last 
preceding) estimate and the new estimate;
    (3) Such relevant operating data, cost records, overhead absorption 
reports, and accounting statements as may be of assistance in 
determining the accuracy and reliability of the new estimate;
    (4) A statement of the actual costs of performance under this 
contract to the extent that they are available at the time of the 
negotiation of the revision of prices under this clause; and
    (5) Any other relevant data usually furnished in the case of 
negotiations of prices under a new contract. The Government may examine 
and audit the Contractor's accounts, records, and books as the 
Contracting Officer considers necessary.
    (e) Negotiations. (1) Upon the filing of the statements and data 
required by paragraph (d) of this clause, the Contractor and the 
Contracting Officer shall negotiate promptly in good faith to agree upon 
prices for services the Contractor will perform on and after the 
effective date of the price revision.
    (2) If the prices in this contract were established by competitive 
negotiation, they shall not be revised upward unless justified by 
changes in conditions occurring after the contract was awarded.
    (3) The agreement reached after each negotiation will be 
incorporated into the contract by supplemental agreement.
    (f) Disagreements. If, within 30 days after the date on which 
statements and data are required pursuant to paragraph (c) of this 
clause, the Contracting Officer and the Contractor fail to agree to 
revised prices, the failure to agree shall be resolved in accordance 
with the Disputes clause of this contract. The prices fixed by the 
Contracting Officer will remain in effect for the balance of the 
contract, and the Contractor shall continue performance.
    (g) Retroactive changes in wages or working conditions. (1) In the 
event of a retroactive wage adjustment, the Contractor or the 
Contracting Officer may request an equitable adjustment in the prices in 
this contract.
    (2) The Contractor shall request a price adjustment within 30 days 
of any retroactive wage adjustment. The Contractor shall support its 
request with--
    (i) An estimate of the changes in cost resulting from the 
retroactive wage adjustment;
    (ii) Complete information upon which the estimate is based; and
    (iii) A certified copy of the collective bargaining agreement, 
arbitration award, or other document evidencing the retroactive wage 
adjustment.
    (3) Subject to the limitation in paragraph (g)(2) of this clause as 
to the time of making a request, completion or termination of this 
contract shall not affect the Contractor's right under paragraph (g) of 
this clause.
    (4) In case of disagreement concerning any question of fact, 
including whether any adjustment should be made, or the amount of such 
adjustment, the disagreement will be resolved in accordance with the 
Disputes clause of this contract.
    (5) The Contractor shall notify the Contracting Officer in writing 
of any request by or on behalf of the employees of the Contractor which 
may result in a retroactive wage adjustment. The notice shall be given 
within 20 days after the request, or if the request occurs before 
contract execution, at the time of execution.

                             (End of clause)



Sec. 252.247-7003  Termination.

    As prescribed in 247.270-7(d), use the following clause:

                         Termination (Dec. 1991)

    (a) Either the Contracting Officer or the Contractor may terminate 
this contract at any time upon 60 days (or such other number

[[Page 142]]

of days provided in the Schedule) written notice to the other. 
Termination under this clause does not affect any obligation or 
liability that may have accrued before the termination.
    (b) Upon termination of this contract under either paragraph (a) or 
the Default clause of this contract, the Government shall pay the 
Contractor any amount due for services performed under this contract to 
the date of termination.
    (c) In the event of partial termination, payment for services 
furnished under the portion of the contract not terminated shall be in 
accordance with the terms of this contract.
    (d) Any payments under this clause shall be without prejudice to any 
Government claim against the Contractor. The Government has the right to 
offset any such claims against any such payment.

                             (End of clause)



Sec. 252.247-7004  Indefinite quantities--fixed charges.

    As prescribed in 247.270-7(e), use the following clause:

            Indefinite Quantities--Fixed Charges (Dec. 1991)

    The amount of work and services the Contractor may be ordered to 
furnish shall be the amount the Contracting Officer may order from time 
to time. In any event, the Government is obligated to compensate the 
Contractor the monthly lump sum specified in the Schedule entitled Fixed 
Charges, for each month or portion of a month the contract remains in 
effect.

                             (End of clause)



Sec. 252.247-7005  Indefinite quantities--no fixed charges.

    As prescribed in 247.270-7(f), use the following clause:

           Indefinite Quantities--No Fixed Charges (Dec. 1991)

    The amount of work and services the Contractor may be ordered to 
furnish shall be the amount the Contracting Officer may order from time 
to time. In any event, the Government shall order, during the term of 
this contract, work or services having an aggregate value of not less 
than $100.

                             (End of clause)



Sec. 252.247-7006  Removal of contractor's employees.

    As prescribed in 247.270-7(g), use the following clause:

              Removal of Contractor's Employees (Dec. 1991)

    The Contractor agrees to use only experienced, responsible, and 
capable people to perform the work. The Contracting Officer may require 
that the Contractor remove from the job, employees who endanger persons 
or property, or whose continued employment under this contract is 
inconsistent with the interest of military security.

                             (End of clause)



Sec. 252.247-7007  Liability and insurance.

    As prescribed in 247.270-7(h), use the following clause:

                   Liability and Insurance (Dec. 1991)

    (a) The Contractor shall be--
    (1) Liable to the Government for loss or damage to property, real 
and personal, owned by the Government or for which the Government is 
liable;
    (2) Responsible for, and hold the Government harmless from, loss of 
or damage to property not included in paragraph (a)(1); and
    (3) Responsible for, and hold the Government harmless from, bodily 
injury and death of persons, resulting either in whole or in part from 
the negligence or fault of the Contractor, its officers, agents, or 
employees in the performance of work under this contract.
    (b) For the purpose of this clause, all cargo loaded or unloaded 
under this contract is agreed to be property owned by the Government or 
property for which the Government is liable.
    (1) The amount of the loss or damage as determined by the 
Contracting Officer will be withheld from payments otherwise due the 
Contractor.
    (2) Determination of liability and responsibility by the Contracting 
Officer will constitute questions of fact within the meaning of the 
Disputes clause of this contract.
    (c) The general liability and responsibility of the Contractor under 
this clause are subject only to the following specific limitations. The 
Contractor is not responsible to the Government for, and does not agree 
to hold the Government harmless from, loss or damage to property or 
bodily injury to or death of persons if--
    (1) The unseaworthiness of the vessel, or failure or defect of the 
gear or equipment furnished by the Government, contributed jointly with 
the fault or negligence of the Contractor in causing such damage, 
injury, or death; and
    (i) The Contractor, his officers, agents, and employees, by the 
exercise of due diligence, could not have discovered such 
unseaworthiness or defect of gear or equipment; or

[[Page 143]]

    (ii) Through the exercise of due diligence could not otherwise have 
avoided such damage, injury, or death.
    (2) The damage, injury, or death resulted solely from an act or 
omission of the Government or its employees, or resulted solely from 
proper compliance by officers, agents, or employees of the Contractor 
with specific directions of the Contracting Officer.
    (d) The Contractor shall at its own expense acquire and maintain 
insurance during the term of this contract, as follows--
    (1) Standard workmen's compensation and employer's liability 
insurance and longshoremen's and harbor workers' compensation insurance, 
or such of these as may be proper under applicable state or Federal 
statutes.
    (i) The Contractor may, with the prior approval of the Contracting 
Officer, be a self-insurer against the risk of this paragraph (d)(1).
    (ii) This approval will be given upon receipt of satisfactory 
evidence that the Contractor has qualified as a self-insurer under 
applicable provision of law.
    (2) Bodily injury liability insurance in an amount of not less than 
$300,000 on account of any one occurrence.
    (3) Property damage liability insurance (which shall include any and 
all property, whether or not in the care, custody, or control of the 
Contractor) in an amount of not less than $300,000 for any one 
occurrence.
    (e) Each policy shall provide, by appropriate endorsement or 
otherwise, that cancellation or material change in the policy shall not 
be effective until after a 30 day written notice is furnished the 
Contracting Officer.
    (f) The Contractor shall furnish the Contracting Officer with 
satisfactory evidence of the insurance required in paragraph (d) before 
performance of any work under this contract.
    (g) The Contractor shall, at its own cost and expense, defend any 
suits, demands, claims, or actions, in which the United States might be 
named as a co-defendant of the Contractor, resulting from the 
Contractor's performance of work under this contract. This requirement 
is without regard to whether such suit, demand, claim, or action was the 
result of the Contractor's negligence. The Government shall have the 
right to appear in such suit, participate in defense, and take such 
actions as may be necessary to protect the interest of the United 
States.
    (h) It is expressly agreed that the provisions in paragraphs (d) 
through (g) of this clause shall not in any manner limit the liability 
or extend the liability of the Contractor as provided in paragraphs (a) 
through (c) of this clause.
    (i) The Contractor shall--
    (1) Equitably reimburse the Government if the Contractor is 
indemnified, reimbursed, or relieved of any loss or damage to Government 
property;
    (2) Do nothing to prevent the Government's right to recover against 
third parties for any such loss or damage; and
    (3) Furnish the Government, upon the request of the Contracting 
Officer, at the Government's expense, all reasonable assistance and 
cooperation in obtaining recovery, including the prosecution of suit and 
the execution of instruments of assignment in favor of the Government.

                             (End of clause)



Sec. 252.247-7008  Evaluation of bids.

    As prescribed in 247.271-4(a), use the following provision:

                     Evaluation of Bids (Dec. 1991)

    (a) The Government will evaluate bids on the basis of total 
aggregate price of all items within an area of performance under a given 
schedule.
    (1) An offeror must bid on all items within a specified area of 
performance for a given schedule. Failure to do so shall be cause for 
rejection of the bid for that area of performance of that Schedule. If 
there is to be no charge for an item, an entry such as ``No Charge,'' or 
the letters ``N/C'' or ``0,'' must be made in the unit price column of 
the Schedule.
    (2) Any bid which stipulates minimum charges or graduated prices for 
any or all items shall be rejected for that area of performance within 
the Schedule.
    (b) In addition to other factors, the Contracting Officer will 
evaluate bids on the basis of advantages or disadvantages to the 
Government that might result from making more than one award (multiple 
awards).
    (1) In making this evaluation, the Contracting Officer will assume 
that the administrative cost to the Government for issuing and 
administering each contract awarded under this solicitation would be 
$500.
    (2) Individual awards will be for the items and combinations of 
items which result in the lowest aggregate cost to the Government, 
including the administrative costs in paragraph (b)(1).
    (c) When drayage is necessary for the accomplishment of any item in 
the bid schedule, the Offeror shall include in the unit price any costs 
for bridge or ferry tolls, road use charges or similar expenses.
    (d) Unless otherwise provided in this solicitation, the Offeror 
shall state prices in amounts per hundred pounds on gross or net 
weights, whichever is applicable. All charges shall be subject to, and 
payable on, the basis of 100 pounds minimum weight for unaccompanied 
baggage and a 500 pound minimum

[[Page 144]]

weight for household goods, net or gross weight, whichever is 
applicable.

                           (End of provision)

                         Alternate I (Dec. 1991)

    As prescribed in 247.271-4(a), add the following paragraph (e) to 
the basic clause:

    (e) Notwithstanding paragraph (a), when ``additional services'' are 
added to any schedule, such ``additional services'' items will not be 
considered in the evaluation of bids.



Sec. 252.247-7009  Award.

    As prescribed in 247.271-4(b), use the following provision:

                            Award (Dec. 1991)

    (a) The Government shall make award by area to the qualified low 
bidder under each of the specified schedules to the extent of the 
bidder's stated guaranteed daily capability as provided in this 
solicitation and the Estimated Quantities Schedule.
    (b) The Government reserves the right to make an award of two or 
more areas to a single bidder if such award will result in an overall 
lower estimated cost to the Government.
    (c) The Government also reserves the right to award additional 
contracts, as a result of this solicitation, to the extent necessary to 
meet its estimated maximum daily requirements.

                           (End of provision)



Sec. 252.247-7010  Scope of contract.

    As prescribed in 247.271-4(d), use the following clause:

                      Scope of Contract (Dec. 1991)

    (a) The Contractor shall furnish services and materials for the 
preparation of personal property (including servicing of appliances) for 
movement or storage, drayage and related services. Unless otherwise 
indicated in the Schedule, the Contractor shall--
    (1) Furnish all materials except Government-owned containers 
(Federal Specification PPP-B-580), all equipment, plant and labor; and
    (2) Perform all work in accomplishing containerization of personal 
property for overseas or domestic movement or storage, including--
    (i) Stenciling;
    (ii) Cooperage;
    (iii) Drayage of personal property in connection with other 
services;
    (iv) Decontainerization of inbound shipments of personal property; 
and
    (v) The handling of shipments into and out of the Contractor's 
facility.
    (b) Excluded from the scope of this contract is the furnishing of 
like services or materials which are provided incident to complete 
movement of personal property when purchased by the Through Government 
Bill of Lading or other method/mode of shipment or property to be moved 
under the Do-It-Yourself moving program or otherwise moved by the owner.

                             (End of clause)



Sec. 252.247-7011  Period of contract.

    As prescribed in 247.271-4(e), use the following clause:

                     Period of Contract (Dec. 1991)

    (a) This contract begins January 1, 19____, and ends December 31, 
19____, both dates inclusive. Any work ordered before, and not completed 
by the expiration date shall be governed by the terms of this contract.
    (b) The Government will not place new orders under this contract 
that require that performance commence more than 15 days after the 
expiration date.
    (c) The Government may place orders required for the completion of 
services (for shipments in the Contractor's possession) for 180 days 
past the expiration date.

                             (End of clause)



Sec. 252.247-7012  Ordering limitation.

    As prescribed in 247.271-4(g), use the following clause:

                     Ordering Limitation (Dec. 1991)

    (a) The Government will place orders for items of supplies or 
services with the contractor awarded the initial contract to the extent 
of the contractor's guaranteed maximum daily capability. However, the 
contractor may accept an additional quantity in excess of its capability 
to accommodate a single order.
    (b) Orders for additional requirements will be placed in a like 
manner with the next higher contractor to the extent of its guaranteed 
maximum daily capability. The Government will repeat this procedure 
until its total daily requirement is fulfilled.
    (c) In the event the procedure in paragraphs (a) and (b) does not 
fulfill the Government's total daily requirement, the Government may 
offer additional orders under the contract to contractors without regard 
to their guaranteed maximum daily capability.


[[Page 145]]



                             (End of clause)



Sec. 252.247-7013  Contract areas of performance.

    As prescribed in 247.271-4(h), use the following clause and complete 
paragraph (b) by defining each area of performance as required (see 
247.271-2(b)):

                Contract Areas of Performance (Dec. 1991)

    (a) The Government will consider all areas of performance described 
in paragraph (b) as including the Contractor's facility, regardless of 
geographical location.
    (b) The Contractor shall perform services within the following 
defined areas of performance, which include terminals identified 
therein: ________.

                             (End of clause)



Sec. 252.247-7014  Demurrage.

    As prescribed in 247.271-4(i), use the following clause:

                          Demurrage (Dec. 1991)

    The Contractor shall be liable for all demurrage, detention, or 
other charges as a result of its failure to load or unload trucks, 
freight cars, freight terminals, vessel piers, or warehouses within the 
free time allowed under applicable rules and tariffs.

                             (End of clause)



Sec. 252.247-7015  Requirements.

    As prescribed in 216.505(d), substitute the following paragraph (f) 
for paragraph (f) of the basic clause at FAR 52.216-21.

                         Alternate I (Dec. 1991)

    (f) Orders issued during the effective period of this contract and 
not completed within that time shall be completed by the Contractor 
within the time specified in the order. The rights and obligations of 
the Contractor and the Government for those orders shall be governed by 
the terms of this contract to the same extent as if completed during the 
effective period.



Sec. 252.247-7016  Contractor liability for loss or damage.

    As prescribed in 247.271-4(k), use the following clause:

           Contractor Liability for Loss or Damage (Dec. 1991)

    (a) Definitions.
    As used in this clause--
    Article means any shipping piece or package and its contents.
    Schedule means the level of service for which specific types of 
traffic apply as described in DoD 4500.34-R, Personal Property Traffic 
Management Regulation.
    (b) For shipments picked up under Schedule I, Outbound Services, or 
delivered under Schedule II, Inbound Services--
    (1) If notified within one year after delivery that the owner has 
discovered loss or damage to the owner's property, the Contractor agrees 
to indemnify the Government for loss or damage to the property which 
arises from any cause while it is in the Contractor's possession. The 
Contractor's liability is--
    (i) Non-negligent damage. For any cause, other than the Contractor's 
negligence, indemnification shall be at a rate not to exceed sixty cents 
per pound per article.
    (ii) Negligent damage. When loss or damage is caused by the 
negligence of the Contractor, the liability is for the full cost of 
satisfactory repair or for the current replacement value of the article.
    (2) The Contractor shall make prompt payment to the owner of the 
property for any loss or damage for which the Contractor is liable.
    (3) In the absence of evidence or supporting documentation which 
places liability on a carrier or another contractor, the destination 
contractor shall be presumed to be liable for the loss or damage, if 
timely notified.
    (c) For shipments picked up or delivered under Schedule III, Intra-
City and Intra-Area--
    (1) If notified of loss or damage within 75 days following delivery, 
the Contractor agrees to indemnify the Government for loss or damage to 
the owner's property.
    (2) The Contractor's liability shall be for the full cost of 
satisfactory repair, or for the current replacement value of the article 
less depreciation, up to a maximum liability of $1.25 per pound times 
the net weight of the shipment.
    (3) The Contractor has full salvage rights to damaged items which 
are not repairable and for which the Government has received 
compensation at replacement value.

                             (End of clause)



Sec. 252.247-7017  Erroneous shipments.

    As prescribed in 247.271-4(l), use the following clause:

                     Erroneous Shipments (Dec. 1991)

    (a) The Contractor shall--
    (1) Forward to the rightful owner, articles of personal property 
inadvertently packed with goods of other than the rightful owner.

[[Page 146]]

    (2) Ensure that all shipments are stenciled correctly. When a 
shipment is sent to an incorrect address due to incorrect stenciling by 
the Contractor, the Contractor shall forward it to its rightful owner.
    (3) Deliver to the designated air or surface terminal all pieces of 
a shipment, in one lot, at the same time. The Contractor shall forward 
to the owner any pieces of one lot not included in delivery, and 
remaining at its facility after departure of the original shipment.
    (b) Forwarding under paragraph (a) shall be--
    (1) With the least possible delay;
    (2) By a mode of transportation selected by the Contracting Officer; 
and
    (3) At the Contractor's expense.

                             (End of clause)



Sec. 252.247-7018  Subcontracting.

    As prescribed in 247.271-4(m), use the following clause:

                       Subcontracting (Dec. 1991)

    The Contractor shall not subcontract without the prior written 
approval of the Contracting Officer. The facilities of any approved 
subcontractor shall meet the minimum standards required by this 
contract.

                             (End of clause)



Sec. 252.247-7019  Drayage.

    As prescribed in 247.271-4(n), use the following clause:

                           Drayage (Dec. 1991)

    (a) Drayage included for Schedule I, Outbound, applies in those 
instances when a shipment requires drayage to an air, water, or other 
terminal for onward movement after completion of shipment preparation by 
the Contractor. Drayage not included is when it is being moved from a 
residence or other pickup point to the Contractor's warehouse for onward 
movement by another freight company, carrier, etc.
    (b) Drayage included for Schedule II, Inbound, applies in those 
instances when shipment is delivered, as ordered, from a destination 
Contractor's facility or other destination point to the final delivery 
point. Drayage not included is when shipment or partial removal of items 
from shipment is performed and prepared for member's pickup at 
destination delivery point.
    (c) The Contractor will reposition empty Government containers--
    (1) Within the area of performance;
    (2) As directed by the Contracting Officer; and
    (3) At no additional cost to the Government.

                             (End of clause)



Sec. 252.247-7020  Additional services.

    As prescribed in 247.271-4(o), use the following clause:

                     Additional Services (Dec. 1991)

    The Contractor shall provide additional services not included in the 
schedule, but required for satisfactory completion of the services 
ordered under this contract, at a rate comparable to the rate for like 
services as contained in tenders on file with the Interstate Commerce 
Commission, state regulatory bodies, or the Military Traffic Management 
Command, in effect at time of order.

                             (End of clause)



Sec. 252.247-7021  Returnable containers other than cylinders.

    As prescribed in 247.305-70, use the following clause:

          Returnable Containers Other Than Cylinders (May 1995)

    (a) Returnable container, as used in this clause, includes reels, 
spools, drums, carboys, liquid petroleum gas containers, and other 
returnable containers when the Contractor retains title to the 
container.
    (b) Returnable containers shall remain the Contractor's property but 
shall be loaned without charge to the Government for a period of 
______(insert number of days) calendar days after delivery to the f.o.b. 
point specified in the contract. Beginning with the first day after the 
loan period expires, to and including the day the containers are 
delivered to the Contractor (if the original delivery was f.o.b. origin) 
or are delivered or are made available for delivery to the Contractor's 
designated carrier (if the original delivery was f.o.b. destination), 
the Government shall pay the Contractor a rental of $______ (insert 
dollar amount for rental) per container per day, computed separately for 
containers for each type, size, and capacity, and for each point of 
delivery named in the contract. No rental shall accrue to the Contractor 
in excess of the replacement value per container specified in paragraph 
(c) of this clause.
    (c) For each container lost or damaged beyond repair while in the 
Government's possession, the Government shall pay to the Contractor the 
replacement value as follows, less the allocable rental paid for that 
container:

_______________________________________________________________________
(Insert the container types, sizes, capacities, and associated 
replacement values.)

    These containers shall become Government property.

[[Page 147]]

    (d) If any lost container is located within ______ (insert number of 
days) calendar days after payment by the Government, it may be returned 
to the Contractor by the Government, and the Contractor shall pay to the 
Government the replacement value, less rental computed in accordance 
with paragraph (b) of this clause, beginning at the expiration of the 
loan period specified in paragraph (b) of this clause, and continuing to 
the date on which the container was delivered to the Contractor.

                             (End of clause)

[60 FR 29503, June 5, 1995]



Sec. 252.247-7022  Representation of extent of transportation by sea.

    As prescribed in 247.573(a), use the following provision:

      Representation of Extent of Transportation By Sea (Aug. 1992)

    (a) The Offeror shall indicate by checking the appropriate blank in 
paragraph (b) of this provision whether transportation of supplies by 
sea is anticipated under the resultant contract. The term supplies is 
defined in the Transportation of Supplies by Sea clause of this 
solicitation.
    (b) Representation. The Offeror represents that it--

________Does anticipate that supplies will be transported by sea in the 
          performance of any contract or subcontract resulting from this 
          solicitation.
________Does not anticipate that supplies will be transported by sea in 
          the performance of any contract or subcontract resulting from 
          this solicitation.

    (c) Any contract resulting from this solicitation will include the 
Transportation of Supplies by Sea clause. If the Offeror represents that 
it will not use ocean transportation, the resulting contract will also 
include the Defense FAR Supplement clause at 252.247-7024, Notification 
of Transportation of Supplies by Sea.

                           (End of provision)

[56 FR 67222, Dec. 30, 1991, as amended at 57 FR 42633, Sept. 15, 1992]



Sec. 252.247-7023  Transportation of supplies by sea.

    As prescribed in 247.573(b), use the following clause:

             Transportation of Supplies by Sea (NOV 1995T4)

    (a) Definitions. As used in this clause--
    (1) Components means articles, materials, and supplies incorporated 
directly into end products at any level of manufacture, fabrication, or 
assembly by the Contractor or any subcontractor.
    (2) Department of Defense (DoD) means the Army, Navy, Air Force, 
Marine Corps, and defense agencies.
    (3) Foreign flag vessel means any vessel that is not a U.S.-flag 
vessel.
    (4) Ocean transportation means any transportation aboard a ship, 
vessel, boat, barge, or ferry through international waters.
    (5) Subcontractor means a supplier, materialman, distributor, or 
vendor at any level below the prime contractor whose contractual 
obligation to perform results from, or is conditioned upon, award of the 
prime contract and who is performing any part of the work or other 
requirement of the prime contract. However, effective May 1, 1996, the 
term does not include a supplier, materialman, distributor, or vendor of 
commercial items or commercial components.
    (6) Supplies means all property, except land and interests in land, 
that is clearly identifiable for eventual use by or owned by the DoD at 
the time of transportation by sea. (i) An item is clearly identifiable 
for eventual use by the DoD if, for example, the contract documentation 
contains a reference to a DoD contract number or a military destination.
    (ii) Supplies includes (but is not limited to) public works; 
buildings and facilities; ships; floating equipment and vessels of every 
character, type, and description, with parts, subassemblies, 
accessories, and equipment; machine tools; material; equipment; stores 
of all kinds; end items; construction materials; and components of the 
foregoing.
    (7) U.S.-flag vessel means a vessel of the United States or 
belonging to the United States, including any vessel registered or 
having national status under the laws of the United States.
    (b) The Contractor shall employ U.S.-flag vessels in the 
transportation by sea of any supplies to be furnished in the performance 
of this contract. The Contractor and its subcontractors may request that 
the Contracting Officer authorize shipment in foreign-flag vessels, or 
designate available U.S.-flag vessels, if the Contractor or a 
subcontractor believes that--
    (1) U.S.-flag vessels are not available for timely shipment;
    (2) The freight charges are inordinately excessive or unreasonable; 
or
    (3) Freight charges are higher than charges to private persons for 
transportation of like goods.
    (c) The Contractor must submit any request for use of other than 
U.S.-flag vessels in writing to the Contracting Officer at least 45 days 
prior to the sailing date necessary to meet its delivery schedules. The 
Contracting Officer will process requests submitted after

[[Page 148]]

such date(s) as expeditiously as possible, but the Contracting Officer's 
failure to grant approvals to meet the shipper's sailing date will not 
of itself constitute a compensable delay under this or any other clause 
of this contract. Requests shall contain at a minimum--
    (1) Type, weight, and cube of cargo;
    (2) Required shipping date;
    (3) Special handling and discharge requirements;
    (4) Loading and discharge points;
    (5) Name of shipper and consignee;
    (6) Prime contract number; and
    (7) A documented description of efforts made to secure U.S.-flag 
vessels, including points of contact (with names and telephone numbers) 
with at least two U.S.-flag carriers contacted. Copies of telephone 
notes, telegraphic and facsimile message or letters will be sufficient 
for this purpose.
    (d) The Contractor shall, within 30 days after each shipment covered 
by this clause, provide the Contracting Officer and the Division of 
National Cargo, Office of Market Development, Maritime Administration, 
U.S. Department of Transportation, Washington, DC 20590, one copy of the 
rated on board vessel operating carrier's ocean bill of lading, which 
shall contain the following information--
    (1) Prime contract number;
    (2) Name of vessel;
    (3) Vessel flag of registry;
    (4) Date of loading;
    (5) Port of loading;
    (6) Port of final discharge;
    (7) Description of commodity;
    (8) Gross weight in pounds and cubic feet if available;
    (9) Total ocean freight in U.S. dollars; and
    (10) Name of the steamship company.
    (e) The Contractor agrees to provide with its final invoice under 
this contract a representation that to the best of its knowledge and 
belief--
    (1) No ocean transportation was used in the performance of this 
contract;
    (2) Ocean transportation was used and only U.S.-flag vessels were 
used for all ocean shipments under the contract;
    (3) Ocean transportation was used, and the Contractor had the 
written consent of the Contracting Officer for all non-U.S.-flag ocean 
transportation; or
    (4) Ocean transportation was used and some or all of the shipments 
were made on non-U.S.-flag vessels without the written consent of the 
Contracting Officer. The Contractor shall describe these shipments in 
the following format:

----------------------------------------------------------------------------------------------------------------
                                           Item Description       Contract Line Items            Quantity       
----------------------------------------------------------------------------------------------------------------
Total................................                                                                           
----------------------------------------------------------------------------------------------------------------

    (f) If the final invoice does not include the required 
representation, the Government will reject and return it to the 
Contractor as an improper invoice for the purposes of the Prompt Payment 
clause of this contract. In the event there has been unauthorized use of 
non-U.S.-flag vessels in the performance of this contract, the 
Contracting Officer is entitled to equitably adjust the contract, based 
on the unauthorized use.
    (g) The Contractor shall include this clause, including this 
paragraph (g) in all subcontracts under this contract, which exceed the 
simplified acquisition threshold in Part 13 of the Federal Acquisition 
Regulation.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 60 FR 61602, Nov. 30, 1995]



Sec. 252.247-7024  Notification of transportation of supplies by sea.

    As prescribed in 247.573(c), use the following clause:

      Notification of Transportation of Supplies by Sea (NOV 1995)

    (a) The Contractor has indicated by the response to the solicitation 
provision, Representation of Extent of Transportation by Sea, that it 
did not anticipate transporting by sea any supplies. If, however, after 
the award of this contract, the Contractor learns that supplies, as 
defined in the Transportation of Supplies by Sea clause of this 
contract, will be transported by sea, the Contractor--
    (1) Shall notify the Contracting Officer of that fact; and
    (2) Hereby agrees to comply with all the terms and conditions of the 
Transportation of Supplies by Sea clause of this contract.
    (b) The Contractor shall include this clause, including this 
paragraph (b), revised as necessary to reflect the relationship of the 
contracting parties, in all subcontracts hereunder, except (effective 
May 1, 1996) subcontracts for the acquisition of commercial items or 
components.

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 60 FR 61603, Nov. 30, 1995]



Sec. 252.247-7025  Reflagging or repair work.

    As prescribed in 247.573(d), use the following clause:

                  Reflagging or Repair Work (May 1995)

    (a) Definition.

[[Page 149]]

    Reflagging or repair work, as used in this clause, means work 
performed on a vessel--
    (1) To enable the vessel to meet applicable standards to become a 
vessel of the United States; or
    (2) To convert the vessel to a more useful military configuration.
    (b) Requirement. Unless the Secretary of Defense waives this 
requirement, reflagging or repair work shall be performed in the United 
States or its territories, if the reflagging or repair work is 
performed--
    (1) On a vessel for which the Contractor submitted an offer in 
response to the solicitation for this contract; and
    (2) Prior to acceptance of the vessel by the Government.

                             (End of clause)

[60 FR 29503, June 5, 1995]



Sec. Sec. 252.248-7000  Preparation of value engineering change proposals.

    As prescribed in 248.270, use the following clause:

      Preparation of Value Engineering Change Proposals (May 1994)

    Prepare value engineering change proposals, for submission pursuant 
to the value engineering clause of this contract, in the format 
prescribed by the version of MIL-STD-973 in effect on the date of 
contract award.

                             (End of clause)

[59 FR 27677, May 27, 1994]



Sec. 252.249-7000  Special termination costs.

    As prescribed in 249.501-70, use the following clause:

                  Special Termination Costs (Dec. 1991)

    (a) Definition.-- Special termination costs, as used in this clause, 
means only costs in the following categories as defined in part 31 of 
the Federal Acquisition Regulation (FAR)--
    (1) Severance pay, as provided in FAR 31.205-6(g);
    (2) Reasonable costs continuing after termination, as provided in 
FAR 31.205-42(b);
    (3) Settlement of expenses, as provided in FAR 31.205-42(g);
    (4) Costs of return of field service personnel from sites, as 
provided in FAR 31.205-35 and FAR 31.205-46(c); and
    (5) Costs in paragraphs (a) (1), (2), (3), and (4) of this clause to 
which subcontractors may be entitled in the event of termination.
    (b) Notwithstanding the Limitation of Cost/Limitation of Funds 
clause of this contract, the Contractor shall not include in its 
estimate of costs incurred or to be incurred, any amount for special 
termination costs to which the Contractor may be entitled in the event 
this contract is terminated for the convenience of the Government.
    (c) The Contractor agrees to perform this contract in such a manner 
that the Contractor's claim for special termination costs will not 
exceed $________. The Government shall have no obligation to pay the 
Contractor any amount for the special termination costs in excess of 
this amount.
    (d) In the event of termination for the convenience of the 
Government, this clause shall not be construed as affecting the 
allowability of special termination costs in any manner other than 
limiting the maximum amount of the costs payable by the Government.
    (e) This clause shall remain in full force and effect until this 
contract is fully funded.

                             (End of clause)



Sec. 252.249-7001  Notification of substantial impact on employment.

    As prescribed in 249.7002(c), use the following clause:

      Notification of Substantial Impact on Employment (Dec. 1991)

    (a) Definitions. (1) Major defense contract or subcontract means--
    (i) All prime contracts of $5 million or more; and
    (ii) All subcontracts of $500,000 or more.
    (2) Substantial impact on employment means--
    (i) A reduction of--
    (A) 2,500 or more employee positions, in the case of a Metropolitan 
Statistical Area (MSA) or similar area. MSAs are identified in FIPS 
Publication 8-5, Metropolitan Statistical Areas, which is available from 
the U.S. Department of Commerce, National Technical Information Service, 
Springfield, VA 22161, Tel. (703) 487-4650. Telephone inquiries 
concerning MSAs may also be directed to the Bureau of the Census, 
Population Division, Population Distribution Branch, Washington, DC, 
Tel. (301) 763-5158;
    (B) 1,000 or more employee positions, in the case of a labor market 
area outside an MSA; or
    (C) One percent of the total number of civilian jobs in that area; 
or
    (ii) A reduction, or the threat of a reduction, of--
    (A) 25 percent or more in sales or production of the contractor or 
subcontractor; or
    (B) 80 percent or more of the workforce of the contractor or 
subcontractor in any division of such contractor or such subcontractor 
or at any plant or other facility of such contractor or subcontractor; 
or

[[Page 150]]

    (iii) Any group of 100 or more workers at a defense facility who 
are, or who are threatened to become, eligible to participate in the 
Defense Conversion Adjustment Program under section 325 of the Job 
Training Partnership Act (29 U.S.C. 1662-1662c, as amended).
    (b) This clause applies only if a modification or termination for 
convenience of a major defense contract or subcontract will have a 
substantial impact on employment.
    (c) The Contractor shall notify the Contracting Officer within 30 
calendar days if the proposed modification or termination for 
convenience of this contract or a major defense subcontract under this 
contract will have a substantial impact on employment. The Contractor 
may use DD Form 2604, Notification of Substantial Impact. If the form is 
not used, the notice shall include:
    (1) Contract number;
    (2) Contractor name and division name;
    (3) Type of business (e.g. small disadvantaged business, small 
business, large business, etc.)
    (4) Address of affected work location, including county;
    (5) Contract price of items canceled or terminated;
    (6) Number of employees affected;
    (7) Percentage reduction in sales or production;
    (8) Percentage of contractor workforce at affected work location;
    (9) Title and signature of the reporting official; and
    (10) The information required by (1) through (9) for each 
subcontract.
    (d) The Contractor shall include the substance of this clause in all 
subcontracts of $500,000 or more under this contract.

                             (End of clause)

[56 FR 67222, Dec. 30, 1991]



Sec. Sec. 252.249-7002  Notification of proposed program termination or reduction.

    As prescribed in 249.7003(d), use the following clause:

  Notification of Proposed Program Termination or Reduction (May 1995)

    (a) Definitions. ``Major defense program'' means a program that is 
carried out to produce or acquire a major system (as defined in 10 
U.S.C. 2302) (see also DoD Instruction 5000.2, Defense Acquisition 
Management Policies and Procedures, Acquisition Categories I and II). 
``Substantial reduction'' means a reduction of 25 percent or more in the 
total dollar value of contracts under the program.
    (b) Section 1372 of the National Defense Authorization Act for 
Fiscal Year 1994 is intended to help establish benefit eligibility under 
the Job Training Partnership Act (29 U.S.C. 1661 and 1662) for employees 
of DoD contractors and subcontractors adversely affected by termination 
or substantial reductions in major defense programs.
    (c) Notice to employees and state and local officials. Within two 
weeks after the Contracting Officer notifies the Contractor that a major 
defense program is proposed for, or likely to be, terminated or 
substantially reduced, the contractor shall provide notice of such 
proposed or anticipated termination or reduction to--
    (1) Each employee representative of the Contractor's employees whose 
work is related to the program and who may be impacted in the event of a 
termination or substantial reduction; or
    (2) If there is no such representative, each such employee;
    (3) The State dislocated worker unit or office described in section 
311(b)(2) of the Job Training Partnership Act (29 U.S.C. 1661(b)(2)); 
and
    (4) The chief elected official of the unit of general local 
government within which the adverse effect may occur.
    (d) Notice to subcontractors. As soon as practicable, but not later 
than 45 days after the Contractor receives the Contracting Officer's 
notice of the proposed termination or reduction in a major defense 
program, the Contractor shall--
    (1) Provide notice of the proposed termination or reduction to each 
first-tier subcontractor with a subcontract of $500,000 or more under 
the program; and
    (2) Require that each such subcontractor--
    (i) Provide notice to each of its subcontractor with a subcontract 
of $100,000 or more under the program; and
    (ii) Impose a similar notice and flowdown requirement to 
subcontractors with subcontracts of $100,000 or more.
    (e) The notice provided an employee under paragraph (c) of this 
clause shall have the same effect as a notice of termination to the 
employee for the purposes of determining whether such employee is 
eligible for training, adjustment assistance, and employment services 
under section 325 or 325A of the Job Training Partnership Act (29 U.S.C. 
1662d, 1662d-1). If the Contractor has specified that the proposed 
program termination or reduction is not likely to result in plant 
closure or mass layoff, as defined in 29 U.S.C. 2101, the employee shall 
be eligible only for services under section 314(b) and paragraphs (1) 
through (14), (16), and (18) of section 314(c) of the Job Training 
Partnership Act (29 U.S.C. 1661c(b) and paragraphs (1) through (14), 
(16), and (18) of section 1661c(c)).
    (f) If the Contracting Officer subsequently withdraws a notice 
referred to in paragraphs (c) and (d) of this clause, the Contractor, as 
soon as practicable but not later than two

[[Page 151]]

weeks after receipt of the withdrawal notice, shall provide notice of 
the withdrawal to--
    (1) The representatives, employees, officers, officials, and 
subcontractors specified in paragraphs (c) and (d) of this clause; and
    (2) Each grantee under section 325(a) or 325A(a) of the Job Training 
Partnership Act (29 U.S.C. 1662d, 1662d-1), which provides training, 
adjustment assistance, and employment services to the employees.
    (g) An employee who receives notice of withdrawal shall not be 
eligible for training, adjustment assistance, or employment services 
under section 325 or 325A of the Job Training Partnership Act (29 U.S.C. 
1662d, 1662d-1), beginning on the date the employee receives such 
notice.

                             (End of clause)

[59 FR 27677, May 27, 1994, as amended at 60 FR 29503, June 5, 1995]



Sec. 252.251-7000  Ordering from Government supply sources.

    As prescribed in 251.107, use the following clause:

           Ordering From Government Supply Sources (May 1995)

    (a) When placing orders under Federal Supply Schedules or Personal 
Property Rehabilitation Price Schedules, the Contractor shall follow the 
terms of the applicable schedule and authorization. Include in each 
order:
    (1) A copy of the authorization (unless a copy was previously 
furnished to the Federal Supply Schedule or Personal Property 
Rehabilitation Price Schedule contractor).
    (2) The following statement: This order is placed under written 
authorization from ____________ dated ____________.

In the event of any inconsistency between the terms and conditions of 
this order and those of your Federal Supply Schedule contract or 
Personal Property Rehabilitation Price Schedule contract, the latter 
will govern.
    (3) The completed address(es) to which the Contractor's mail, 
freight, and billing documents are to be directed.
    (b) If a Federal Supply Schedule contractor refuses to honor an 
order placed by a Government contractor under an agency authorization, 
the Contractor shall report the circumstances to the General Services 
Administration, FFN, Washington, DC 20406, with a copy to the 
authorizing office.
    (c) When placing orders under nonmandatory schedule contracts and 
requirements contracts, issued by the General Services Administration 
(GSA) Office of Information Resources Management, for automated data 
processing equipment, software and maintenance, communications equipment 
and supplies, and teleprocessing services, the Contractor shall follow 
the terms of the applicable contract and the procedures in paragraph (a) 
of this clause.
    (d) When placing orders for Government stock, the Contractor shall--
    (1) Comply with the requirements of the Contracting Officer's 
authorization, using FEDSTRIP or MILSTRIP procedures, as appropriate;
    (2) Use only the GSA Form 1948-A, Retail Services Shopping Plate, 
when ordering from GSA Self-Service Stores;
    (3) Order only those items required in the performance of Government 
contracts; and
    (4) Pay invoices from Government supply sources promptly. For 
purchases made from DoD supply sources, this means within 30 days of the 
date of a proper invoice (see also Defense Federal Acquisition 
Regulation Supplement (DFARS) 251.105). For purposes of computing 
interest for late Contractor payments, the Government's invoice is 
deemed to be a demand for payment in accordance with the Interest clause 
of this contract. The Contractor's failure to pay may also result in the 
DoD supply source refusing to honor the requisition (see DFARS 
251.102(f)) or in the Contracting Officer terminating the Contractor's 
authorization to use DoD supply sources. In the event the Contracting 
Officer decides to terminate the authorization due to the Contractor's 
failure to pay in a timely manner, the Contracting Officer shall provide 
the Contractor with prompt written notice of the intent to terminate the 
authorization and the basis for such action. The Contractor shall have 
10 days after receipt of the Government's notice in which to provide 
additional information as to why the authorization should not be 
terminated. Such termination shall not provide the Contractor with an 
excusable delay for failure to perform or complete the contract in 
accordance with the terms of the contract, and the Contractor shall be 
solely responsible for any increased costs.
    (e) Only the Contractor may request authorization for subcontractor 
use of Government supply sources. The Contracting Officer will not grant 
authorizations for subcontractor use without approval of the Contractor.
    (f) Government invoices shall be submitted to the Contractor's 
billing address, and Contractor payments shall be sent to the Government 
remittance address specified below:

Contractor's Billing Address (include point of contact and telephone 
number):

Government Remittance Address (include point of contact and telephone 
number):

                             (End of clause)

[56 FR 36479, July 31, 1991, as amended at 60 FR 29503, June 5, 1995]

[[Page 152]]



Sec. 252.251-7001  Use of Interagency Fleet Management System (IFMS) vehicles and related services.

    As prescribed in 251.205, use the following clause:

 Use of Interagency Fleet Management System (IFMS) Vehicles and Related 
                          Services (Dec. 1991)

    (a) The Contractor, if authorized use of IFMS vehicles, shall submit 
requests for five or fewer vehicles and related services in writing to 
the appropriate General Services Administration (GSA) Regional Customer 
Service Bureau, Attention: Motor Equipment Activity. Submit requests for 
more than five vehicles to GSA headquarters: General Services 
Administration, FTM, Washington, DC 20406. Include the following in each 
request:
    (1) Two copies of the agency authorization to obtain vehicles and 
related services from GSA.
    (2) The number of vehicles and related services required and the 
period of use.
    (3) A list of the Contractor's employees authorized to request 
vehicles and related services.
    (4) A list of the makes, models, and serial numbers of Contractor-
owned or leased equipment authorized to be serviced.
    (5) Billing instructions and address.
    (b) The Contractor should make requests for any unusual quantities 
of vehicles as far in advance as possible.
    (c) The Contractor shall establish and enforce suitable penalties 
for employees who use or authorize the use of Government vehicles for 
other than performance of Government contracts.
    (d) The Contractor shall assume, without the right of reimbursement 
from the Government, the cost or expense of any use of IFMS vehicles and 
services not related to the performance of the contract.
    (e) Only the Contractor may request authorization for subcontractor 
use of IFMS vehicles. The Contracting Officer will not grant 
authorization for subcontractor use without approval of the Contractor.

                             (End of clause)



PART 253--FORMS--Table of Contents




Sec.

                  Subpart 253.2--Prescription of Forms

253.204  Administrative matters.
253.204-70  DD Form 350, Individual Contracting Action Report.
253.204-71  DD Form 1057, Monthly Contracting Summary of Actions $25,000 
          or Less.
253.208  Required sources of supplies and services.
253.208-1  DD Form 448, Military Interdepartmental Purchase Request.
253.208-2  DD Form 448-2, Acceptance of MIPR.
253.209  Contractor qualifications.
253.209-1  Responsible prospective contractors.
253.213  Small purchase and other simplified purchase procedures (SF's 
          18, 30, 44, 1165, OF's 347, 348).
253.213-70  Instructions for completion of DD Form 1155.
253.215  Contracting by negotiation.
253.215-70  DD Form 1547, Record of Weighted Guidelines Application.

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

    Source: 56 FR 36554, July 31, 1991, unless otherwise noted.



                  Subpart 253.2--Prescription of Forms

253.204  Administrative matters.



Sec. 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 
253.204-70 contains instructions for completion of Parts A through F of 
the DD Form 350. Paragraph (g) of this subsection contains special 
instructions for completing a DD Form 350 for an action of $25,000 or 
less under the Small Business Competitiveness Demonstration Program.
    (a) Part A of the DD Form 350. Part A identifies the report and the 
reporting activity. Complete all four blocks.
    (1) BLOCK A1, TYPE OF REPORT. Enter one of the following codes:
    (i) Codes 0--Original. Enter code 0 unless code 1 or code 2 applies.
    (ii) Code 1--Cancelling. A cancelling action cancels an existing DD 
Form 350 in accordance with departmental data collection point 
instructions.
    (iii) Code 2--Correcting. A correcting action corrects an existing 
DD Form 350 action in accordance with departmental data collection point 
instructions.
    (2) BLOCK A2, REPORT NO. Enter the four-digit local control number 
(see 204.670-3(a)(4)). If Block A1 is coded 1 or 2, use the prior report 
number rather than a new one.
    (3) BLOCK A3, CONTRACTING OFFICE CODE. Enter the code assigned

[[Page 153]]

the contracting office by the departmental data collection point in 
204.670-1(c).
    (4) BLOCK A4, NAME OF CONTRACTING OFFICE. Enter sufficient detail to 
establish the identity of the contracting office.
    (b) Part B of the DD Form 350. Part B identifies the transaction.
    (1) BLOCK B1, CONTRACT IDENTIFICATION INFORMATION. Do not leave any 
parts of Block B1 blank.
    (i) BLOCK B1A, CONTRACT NUMBER.
    (A) Enter--
    (1) The DoD contract number; or
    (2) For orders under contracts awarded by other Federal agencies, 
the contract number of that Federal agency as it appears in the 
contractual instrument.
    (B) Do not leave spaces between characters, and do not enter dashes, 
slants, or any other punctuation marks.
    (C) The DoD contract number is the basic (13 alphanumeric character) 
procurement instrument identification number (PIIN) that was assigned in 
accordance with 204.7001 or constructed under an exception permitted by 
204.7000. Do not enter any supplemental procurement instrument 
identification numbers as part of the contract number (these go in Block 
B2).
    (ii) BLOCK B1B, ORIGIN OF CONTRACT. Enter the code that indicates 
the agency that originated/assigned the contract number.
    (A) Code A--DoD.
    (B) Code B--NASA.
    (C) Code C--Other non-DoD agency.
    (2) BLOCK B2, MOD, ORDER OR OTHER ID NUMBER. Enter the supplementary 
procurement instrument identification number (if there is one) that was 
assigned in accordance with 204.7004 or as permitted by 204.7000. It can 
be up to 19 characters. Usually calls and orders have a four-position 
number (see 204.7004-4) and modifications (including modifications of 
calls or orders) have a six-position modification number (see 204.7003 
or 204.7004(b)).
    (3) BLOCK B3, ACTION DATE.
    (i) Enter the year, month, and day of the effective date for fiscal 
obligation purposes. When contract actions are awarded contingent on the 
availability of funds, enter the date funds are obligated.
    (ii) Enter four digits for the year, two digits for the month, and 
two digits for the day. Use 01 through 12 for January through December. 
For example, enter January 2, 2003, as 20030102.
    (4) BLOCK B4, COMPLETION DATE.
    (i) Enter year, month, and day of the last contract delivery date or 
the end of the performance period. If the contract is incrementally 
funded, report the completion date for the entire contract. Report the 
completion date associated with an option quantity when the option is 
exercised.
    (ii) Enter four digits for the year, two digits for the month, and 
two digits for the day. Use 01 through 12 for January through December. 
For example, enter January 2, 2003, as 20030102.
    (5) BLOCK B5, CONTRACTOR IDENTIFICATION INFORMATION.
    (i) Use data that relates to the contractor whose name and address 
appears in the contract document (Block 7 of the SF 26, Award/Contract; 
Block 8 of the SF 30, Amendment of solicitation/Modification of 
Contract; Block 15A of the SF 33, Solicitation, Offer and Award; or 
Block 9 of the DD Form 1155, Order for Supplies or Services), except--
    (A) For contracts placed with the Small Business Administration 
under Section 8(a) of the Small Business Act, use data that relates to 
the company that will be performing the work.
    (B) For Federal schedule orders, use data that applies to the 
contractor whose name appears on the schedule (not the data for the 
agent to whom orders may be sent).
    (C) For contracts with the Canadian Commercial Corporation (CCC), 
use data for the appropriate CCC office.
    (ii) Some of the parts of Block B5 may not apply to the action being 
reported. Follow the instructions for each part.
    (A) BLOCK B5A, CONTRACTOR IDENTIFICATION NUMBER. Enter the 
contractor's 9-position Data Universal Numbering System (DUNS) number. 
If the DUNS number is not available to the contracting activity, use the 
procedures at 204.7202-2 to obtain one.

[[Page 154]]

    (B) BLOCK B5B, GOVERNMENT AGENCY. Enter one of the following codes:
    (1) Code Y--Yes. Enter code Y when the contractor is a Federal/
State/Local government agency.
    (2) Code N--No. Enter code N when code Y does not apply.
    (C) BLOCK B5C, CAGE CODE. Enter the 5-position commercial and 
Government entity (CAGE) code the identifies the contractor plant or 
establishment. If the CAGE code is not already available in the 
contracting office and the apparent awardee does not respond to the 
provision at 252.204-7001, Commercial and Government Entity (CAGE) Code 
Reporting, use the procedures at 204.7202-1 to obtain one.
    (D) BLOCK B5D, CONTRACTOR NAME AND DIVISION NAME. Enter the 
contractor's name as stated in the offer and resultant contract. Include 
its division name.
    (E) BLOCK B5E, CONTRACTOR ADDRESS. Enter the contractor's address as 
stated in the offer and resultant contract. Include street address (and/
or P.O. Box), city/town, state/country, and ZIP code, if applicable. Do 
not enter foreign postal codes.
    (F) BLOCK B5F, TIN. Enter the contractor's taxpayer identification 
number (see FAR subpart 4.9). Leave Block B5F blank if the contractor 
is--
    (1) A nonresident alien, foreign corporation, or foreign partnership 
that does not have income effectively connected with the trade or 
business in the United States; and does not have an office or place of 
business or a fiscal paying agent in the United States;
    (2) An agency or instrumentality of a foreign government
    (3) An agency or instrumentality of a Federal, State, or local 
government.
    (G) BLOCK B5G, PARENT TIN. Enter the contractor's parent company 
(common parent) TIN (see FAR subpart 4.9 and 52.204-3). If the 
contractor does not have a parent company or the parent company meets 
the exemption for Block B5F, leave Block B5G blank.
    (H) BLOCK B5H, PARENT NAME. If a parent company TIN is entered in 
Block B5G, enter in Block B5H the name of the parent company (common 
parent). Leave Block B5H blank if there is no parent company or the 
parent company is exempted from the requirement to have a TIN.
    (6) BLOCK B6, PRINCIPAL PLACE OF PERFORMANCE.
    (i) The place, or places, where the contract will be performed may 
be specified by the Government or listed by the contractor in response 
to the solicitation provision at FAR 42.214-14, Place of Performance--
Sealed Bidding, or FAR 52.215-20, Place of Performance. Use date for the 
contractor's principal place of performance, which is generally the--
    (A) Final assembly point for supply contracts with manufacturers.
    (B) Dealer's location for supply contracts with regular dealers (FAR 
22.601) where shipment is made from stock.
    (C) Subcontractor's location for supply contracts with regular 
dealers (FAR 22.601) where shipment is made from a subcontractor's 
plant.
    (D) Actual construction site for construction contracts.
    (E) Planned construction site for architect-engineer contracts.
    (F) Place of mining for mined supplies.
    (G) Place (including military installations) where a service is 
performed for service contracts.
    (ii) When there is more than one location for any of paragraphs (i) 
(A) through (G) (e.g., more than one construction site), use the 
location involving the largest dollar amount of the acquisition. Do not 
show more than one location in Block B6.
    (iii) If places of performance are too varied or not known, or if 
commercial procedures were used, enter the contractor's home office 
location.
    (iv) Follow the instructions for each part Block 6 which applies to 
the action being reported.
    (A) BLOCK B6A, CITY OR PLACE CODE.
    (1) For places in the United States and outlying areas, enter the 
numeric place code, which can be found in the Federal Information 
Processing Standards (FIPS) Publication (PUB) 55-2, (``Guideline: Codes 
for named Populated Places, Primary Country Divisions, and Other 
Locational Entities of the United States and Outlying Areas''). Leave 
Block B6A blank for

[[Page 155]]

places outside the United States and outlying areas.
    (2) If the city or locality is not listed, look in FIPS PUB 55-2 for 
the county code of the principal place of performance. Enter that in 
Block B6A. Use 50000 for Washington, DC, with a State code of 11.
    (3) Paragraph 5.2, Entry Selection With the Aid of the Class Code, 
of FIPS PUB 55-2 will help in selecting the correct code. Sometimes, a 
class code should be used in addition to a place code to accurately 
identify the place of performance. Do not use place codes when the first 
position of the class code is X or Z.
    (B) BLOCK B6B, STATE OR COUNTRY CODE.
    (1) For places in the United States and outlying areas, enter the 
numeric State code, which can be found in FIPS PUB 55-2 or FIPS PUB 5-2, 
Codes for he Identification of the States, the District of Columbia and 
the Outlying Areas of the United States and Associated Areas.
    (2) For places outside of the United States and outlying areas, 
enter the alpha country code from FIPS PUB 10-3, Countries, 
Dependencies, Areas of Special Sovereignty, and Their Principal 
Administrative Divisions.
    (C) BLOCK B6C, CITY OR PLACE AND STATE OR COUNTRY NAME. Enter the 
name of the principal place of performance. Do not leave Block B6B 
blank.
    (7) BLOCK B7, TYPE OBLIGATION. Enter one of the following codes:
    (i) Code 1--Obligation. Enter code 1 if the contracting action 
obligates funds.
    (ii) Code 2--Deobligation. Enter code 2 if the contracting action 
deobligates funds.
    (8) BLOCK B8, TOTAL DOLLARS. Enter the net amount of funds (whole 
dollars only) obligated or deobligated by the contracting action. Do not 
leave Block B8 blank.
    (9) BLOCK B9, FOREIGN MILITARY SALE. Enter one of the following 
codes. If only part of the contracting action is a foreign military 
sale, separately report the parts (see 204.670-6(c)).
    (i) Code Y--Yes. Enter code Y when the contracting action is under a 
foreign military sales arrangement, or under any other arrangement when 
a foreign country or international organization is bearing the cost of 
the acquisition.
    (ii) Code N--No. Enter code N when code Y does not apply.
    (10) BLOCK B10, MULTIYEAR CONTRACT. Enter one of the following 
codes:
    (i) Code Y--Yes. Enter code Y when the contracting action is a 
multiyear contract as defined at FAR 17.101. Do not report contracts 
containing options as multiyear unless the definition at FAR 17.101 
applies to the contract.
    (ii) Code N--No. Enter code N when code Y does not apply.
    (11) BLOCK B11, TOTAL MULTIYEAR VALUE. Enter total multiyear value 
only at the time of initial obligation of the multiyear funds. 
Therefore, enter the estimated total multiyear contract value (whole 
dollars only) if the contracting action is--
    (i) A multiyear contract (B10 is coded Y); and
    (ii) Either a new letter contract or a new definitive contract 
(Block B13A is coded 1 or 3 and Block B13D is blank). For all other 
codes in Block B13A, enter a numeric value of zero in Block B11.
    (12) BLOCK B12, PRINCIPAL PRODUCT OR SERVICE. Block B12 contains 
five parts. Do not leave any parts of Block B12 blank.
    (i) BLOCK B12A, FSC OR SVC CODE. Enter the 4-character federal 
supply classification (FSC) or service code that describes the contract 
effort. To find the code, look in Section I of the Department of Defense 
(DoD) Procurement Coding Manual (MN02). There are three categories so 
codes of choose from. In some cases, use a 4-character code from a list 
of 4-character codes; in other case, construct a code using the 
instructions in the Manual. If more than one category or code applies to 
the contracting action, enter the one that best identifies the product 
or service representing the largest dollar value.
    (A) Supplies. If the contracting action is for the purchase (not 
lease or rental) of supplies, enter an FSC code in Block B12A. FSC codes 
are all numeric. Look in Section I, Part C, of the DoD Procurement 
Coding Manual (MN02). The

[[Page 156]]

Department of Defense Federal Supply Classification Cataloging Handbooks 
H2-1, H2-2, and H2-3 may also help with the correct 4-digit code.
    (B) Services. If the contracting action is for services (except 
research, development, test, and evaluation), construction, or lease or 
rental of equipment or facilities, enter a service code in Block B12A.
    (C) Research, Development, Test and Evaluation (RDT&E). If the 
contracting action is for RDT&E (as defined in FAR 35.001 and 234.001), 
enter an RDT&E code in Block B12A. Look in Section I, Part A, of the DoD 
Procurement Coding Manual (MN02). All RDT&E codes should begin with the 
letter ``A''. Do not use an RDT&E code for--
    (1) Purchase, lease, or rental of equipment, supplies, or services 
separately purchased in support of RDT&E work, even if RDT&E funds are 
cited. Instead, use an FSC or Service code under the instructions in 
paragraphs (i) (A) or (B).
    (2) Orders under Federal Schedule contracts. Instead, use an FSC or 
Service code under the instructions in paragraphs (i) (A) or (B).
    (ii) BLOCK B12B, DOD CLAIMANT PROGRAM CODE. Enter a code that 
identifies the commodity described in Block B12E. These codes are in 
Section III of the DoD Procurement Coding Manual (MN02). If more than 
one code applies to the contracting action, enter the one that best 
identifies the product or service representing the largest dollar value. 
If the description in Block B12E is for--
    (A) Research and development (R&D), enter the code that best 
represents the objective of the R&D. For example, if the objective of 
the research and development is a guided missile, enter code A20. If the 
R&D cannot be identified to any particular objective, enter code S10.
    (B) Ship repair, inspect and repair as necessary (IRAN), 
modification of aircraft, overhaul of engines, or similar maintenance, 
repair or modification services, enter the code that best identifies the 
program.
    (C) Equipment rental (including rental of automated data processing 
equipment), enter code S10.
    (D) Utility services, enter code S10.
    (E) Services that cannot be identified to any listed program, enter 
code S10.
    (F) Supplies or equipment that cannot be identified to any listed 
program, enter code C9E.
    (iii) BLOCK B12C PROGRAM, SYSTEM OR EQUIPMENT CODE.
    (A) Enter a code that describes the program, weapons system or 
equipment. These codes are in Section II of the DoD Procurement Coding 
Manual (MN02). If there is no code that applies to the contracting 
action, enter three zeros. If more than one code applies to the action, 
enter the one that best identifies the product or service representing 
the largest dollar value.
    (B) If the contracting action is funded by the Ballistic Missile 
Defense Organization, enter code CAA.
    (C) If the contracting action supports environmental cleanup 
programs, enter one of the codes listed in Section II of the DoD 
Procurement Coding Manual (MN02) under the heading ``Description and Use 
of Program Codes--Environmental Cleanup Programs.''
    (D) Defense Logistics Agency activities must use the code assigned 
by the sponsoring service.
    (iv) BLOCK B12D, SIC CODE.
    Enter the standard industrial classification (SIC) code for the 
acquisition (as opposed to the SIC of the manufacturer or dealer). Use 
the SIC code in effect at the time of award. These codes are in the OMB 
Standard Industrial Classification Manual. If more than one code applies 
to the contracting action, enter the one that best identifies the 
product or service representing the largest dollar value.
    (v) BLOCK B12E, NAME/DESCRIPTION. Enter the name or brief 
description of the commodity or service. If the description is 
classified, enter only the work ``Classified.'' Do not, however, use 
``Classified'' when a code name (e.g., Minuteman, Polaris, Trident, 
Pershing, etc.) or an identifying program number (e.g., WS-107A) can be 
used.
    (13) BLOCK B13, KIND OF CONTRACTING ACTION. Some of the parts of 
Block B13 may not apply to the action being reported. Follow 
instructions for each part. When the contracting action is a 
modification, complete Blocks B13A and B13D.

[[Page 157]]

    (i) BLOCK B13A, CONTRACT/ORDER. Enter one of the following codes:
    (A) Code 1--Letter Contract. Enter code 1 when the contracting 
action is a letter contract. When the contracting action is a 
modification to a letter contract that has not been definitized, enter 
code 1 in B13A.
    (B) Code 3--Definitive Contract. Enter code 3 when the contracting 
action is the award of a definitive contract. When the contracting 
action definitizes a letter contract or is a modification to a 
definitive contract, enter code 3 in B13A. Code 3 includes the 
following:
    (1) Definitive contract awards under the Small Business 
Administration 8(a) program.
    (2) Notices of award.
    (3) Lease agreements.
    (4) Indefinite delivery-definite quantity contracts (FAR 52.216-20).
    (5) Indefinite delivery-indefinite quantity contracts (FAR 52.216-
22) when funds are obligated by the contract itself.
    Code 3 excluded orders from the Procurement List (see codes 6 and 
8).
    (C) Code 4--Order under an Agreement. Enter code 4 when the 
contracting action is an order or definitization of an order under an 
agreement. (Examples include an order exceeding $25,000 under a basic 
ordering agreement or a master ship repair agreement and job order when 
the contract is created by issuing the order. A blanket purchase 
agreement call is coded 6 or 9, as appropriate. When the contracting 
action is a modification to an order described in Code 4 instructions, 
enter code 4 in B13A.
    (D) Code 5--Order under Indefinite Delivery Contract (IDC). Enter 
code 5 when the contracting action is an order, including task or 
delivery order, under an indefinite delivery contract awarded by a 
Federal agency. For example, code 5 is to be entered for an order under 
a GSA indefinite delivery contract such as a GSA area-wide contract for 
utility services, which is not a Federal schedule. When the contracting 
action is a modification to an order described in code 5 instructions, 
enter code 5 in B13A.
    (E) Code 6--Order/Call under Federal Schedule. Enter code 6 if the 
contracting action is a blanket purchase agreement call established with 
a Federal schedule contractor pursuant to FAR 13.202(c)(3), or an order 
under--
    (1) Federal schedule (e.g., GSA, VA, or OPM) contract (FAR 8.401); 
or
    (2) GSA ADP schedule contract. Code 6 includes orders from the 
Procurement List under Federal schedules. When the contracting action is 
a modification to an order/call described in code 6 instructions, enter 
code 6 in B13A.
    (F) Code 8--Order from Procurement List. Enter code 8 if the 
contracting action is an action placed with Federal Prison Industries 
(UNICOR) or a JWOD Participating Nonprofit Agency in accordance with FAR 
Subparts 8.6 or 8.7. When the contracting action is a modification to an 
action described in code 8 instructions, enter code 8 in B13A.
    (G) Code 9--Purchase Using Simplified Acquisition Procedures. Enter 
code 9 if the contracting action, including an action in a designated 
industry group under the Small Business Competitiveness Demonstration 
Program (FAR subpart 19.10), is an award pursuant to FAR part 13 except 
when the contracting action is a blanket purchase agreement call 
pursuant to FAR 13.202(c)(3) (see code 6). When the contracting action 
is a modification to an order/call described in code 9 instructions, 
enter code 9 in B13a.
    (ii) BLOCK B13B, TYPE OF INDEFINITE DELIVERY CONTRACT. If Block B13A 
is coded 3 and the ninth position of B1A is coded D, complete Block 
B13B. If Block B13A is coded 5, complete Block B13B. Otherwise, leave 
blank.
    (A) Code A--Requirements Contract (FAR 52.216-21).
    (B) Code B--Indefinite Quantity Contract (FAR 52.216-22).
    (C) Code C--Definite Quantity Contract (FAR 52.216-20).
    (iii) BLOCK B13C, MULTIPLE/SINGLE AWARD IDC(S). If Block B13B is 
coded A, B, or C, complete Block B13C. Otherwise, leave blank.
    (A) Code M--Multiple Award. Enter code M if the contracting action 
is a task or delivery order under a multiple award indefinite delivery 
contract.
    (B) Code S--Single Award. Enter code S if the contracting action is 
a task or delivery order under a single award indefinite delivery 
contract.

[[Page 158]]

    (iv) BLOCK B13D, MODIFICATION. If this action is a modification, 
enter one of the following codes. Otherwise, leave blank.
    (A) Code A--Additional Work (new agreement). Enter code A when the 
contracting action is a bilateral supplemental agreement which obligates 
funds for additional work requiring a justification and approval (J&A).
    (B) Code B--Additional Work (other). Enter code B when the 
contracting action is a modification of an existing contract (including 
a letter contract) which is not covered by code A or by codes C through 
H. (See code H for exercise of an option.) Code B includes actions 
which--
    (1) Initiate an incremental yearly buy under a multiyear contract;
    (2) Amend a letter or other contract to add work that does not 
require a J&A or
    (3) Order under a priced exhibit or production list.
    (C) Code C--Funding Action. Enter code C when the contracting action 
is a modification (to a letter or other contract) for the sole purpose 
of obligating or deobligating funds.
    (1) This includes--
    (i) Incremental funding (other than incremental yearly buys under 
multiyear contracts which are code B);
    (ii) Changes to the estimated cost on cost-reimbursement contracts;
    (iii) Repricing actions covering incentive price revisions;
    (iv) Economic price adjustments; and
    (v) Initial citation and obligation of funds for a contract awarded 
in one fiscal year but not effective until a subsequent fiscal year.
    (D) Code D--Change Order. Enter code D if the contracting action is 
a change order issued under the ``Changes,'' ``Differing Site 
Conditions,'' or similar clauses in existing contracts.
    (E) Code E--Termination for Default. Enter code E if the contracting 
action is a modification which terminates all or part of the contract 
for default.
    (F) Code F--Termination for Convenience. Enter code F if the 
contracting action is a modification which terminates all or part of the 
contract for convenience.
    (G) Code G--Cancellation. Enter code G if the contracting action is 
a modification which cancels the contract. Don not use code G to cancel 
a prior DD Form 350--see Block A1.
    (H) Code H--Exercise of an Option. Enter code H if the contracting 
action is an exercise of an option.
    (I) Code J--Definitization of a Letter Contract. Enter code J if the 
contracting action is the definitization of a letter contract.
    (c) Part C of the DD Form 350.
    (1) Part C gathers data concerning contracting procedures, use of 
competition, financing, and statutory requirements other than 
socioeconomic (which are in Part D).
    (2) Do not complete Part C if the contracting action is an action 
with a government agency, i.e., Block B5B (Government Agency) is coded Y 
(Yes). If Block B13A is coded 6, do not complete any blocks in Part C 
except Blocks C13A and C13B when they apply.
    (3) In completing Part C, the codes to be used describe either the 
contracting action being reported or the original contract, depending on 
the codes reported in blocks B13A and B13D.
    (i) If Block B13A is coded 1, 2, 3, 4, 6, or 9 and Block B13D is 
coded A or is blank, code the blocks in Part C with reference to the 
action being reported. Otherwise, code the blocks with reference to the 
original contract.
    (ii) If there are no codes for the original contract because a DD 
Form 350 was not required at the time, the original action is no longer 
available, the definition of the original code has changed, or a data 
element has been added to the system after the original contract report, 
then use codes that best describe the original contracting action.
    (4) Complete Part C blocks as follows:
    (i) BLOCK C1, SYSNOPSIS. Enter one of the following codes:
    (A) Code A--Synopsis Only. Enter code A if only a synopsis of the 
proposed action was prepared and transmitted to the Commerce Business 
Daily in accordance with FAR subpart 5.2.
    (B) Code B--Combined Synopsis/Solicitation. Enter code B if a 
combined synopsis/solicitation of the proposed action was prepared and 
transmitted to the Commerce Business Daily in accordance with FAR 
subpart 5.2 and 12.603.

[[Page 159]]

    (C) Code N--No. Enter code N if a synopsis was not prepared.
    (ii) BLOCK C2, REASON NOT SYNOPSIZED. Enter one of the following 
codes if Block C1 is coded N. Otherwise, leave Block C2 blank.
    (A) Code A--Urgency. Enter code A if the action was not synopsized 
due to urgency (see FAR 6.302-2).
    (B) Code B--Use of FACNET. Enter code B if the action was not 
synopsized due to use of FACNET for the acquisition.
    (C) Code Z--Other Reason. Enter code Z if the action was not 
synopsized due to some other reason.
    (iii) BLOCK C3, EXTENT COMPLETED. Enter one of the following codes:
    (A) Code A--Competed Action. Enter code A when--
    (1) The contracting action is an action under a Federal Schedule 
contract (Block B13A is coded 6).
    (2) Competitive procedures were used to fulfill the requirement for 
full and open competition (FAR subpart 6.1).
    (3) Full and open competition procedures after exclusion of sources 
were used in order to establish/maintain alternative sources, to set 
aside an acquisition for small business, or to compete section 8(a) 
awards (FAR subpart 6.2).
    (4) Statutory authorities for other than full and open competition 
were used (FAR subpart 6.3) and more than one offer was received (if 
only one offer was received, use code D).
    (5) Contracting action resulted from a contract awarded prior to the 
Competition in Contracting Act that used two-step sealed bidding or 
other sealed bidding, or that was negotiated competitively.
    (6) Simplified acquisition procedures were used and competition was 
obtained.
    (B) Code B--Not Available for Competition. Enter code B for--
    (1) Awards for utilities or utility systems, excluding long distance 
telecommunications services, when only one supplier can furnish the 
service (FAR 6.302-1(b)(3)).
    (2) Brand name commercial products for authorized resale.
    (3) Acquisitions authorized or required by statute to be awarded to 
a specific source pursuant to FAR 6.3022-5(b) (2) or (4), e.g., 
qualified nonprofit agencies employing people who are blind or severely 
disabled (FAR subpart 8.7) or 8(a) program (FAR subpart 19.8).
    (4) International agreements and Foreign Military Sales when the 
acquisition is to be reimbursed by a foreign country that requires that 
the product or services be obtained from a particular firm as specified 
in official written direction such as a Letter of Offer and Acceptance.
    (5) Other contract actions when the Director of Defense Procurement 
has determined that there is no opportunity for competition.

(Note: Even though Part C is not completed for actions with a government 
agency, the database will automatically include these actions in the 
category of not available for competition.)

    (C) Code C--Follow-on to Competed Action. Enter code C when the 
action pertains to an acquisition placed with a particular contractor to 
continue or augment a specific competed program when such placement was 
necessitated by prior acquisition decisions.
    (D) Code D--Not Competed. Enter code D when codes A, B, or C do not 
apply.
    (iv) BLOCK C4, SEA TRANSPORTATION. Enter one of the following codes 
when Block B1B is coded A, Block B5B is coded N, and Block B13A is coded 
other than 9. Otherwise, leave Block C4 blank.
    (A) Code Y--Yes--Positive Response to 252.2247-7022 or 252.212-
7000(c0(2). Enter code Y when the contractor's response to the provision 
at 252.247-7022, Representation of Extent of Transportation by Sea, or 
252.212-7000(c)(2), Offeror Representations and Certifications--
Commercial Items, indicates the that contractor anticipates that some of 
the supplies being provided may be transported by sea.
    (B) Code N--No--Negative Response to 252.247-7022 or 252.212-
7000(c)(2). Enter code N when the contractor's response to the provision 
at 252.247-7022 or 252.212-7000(c)(2) indicates that the contractor 
anticipates that none of the supplies being provided will be transported 
by sea.
    (C) Code U--Unknown--No Response or Provision Not Included in

[[Page 160]]

    Solicitation. Enter code U when the contractor did not complete the 
representation at 252.247-7022 or 252.212-7000(c)(2) or the solicitation 
did not include either provision.
    (v) BLOCK C5, TYPE OF CONTRACT.
    (A) If the action is a letter contract, including modifications and 
amendments to letter contracts, enter the code that describes the 
anticipated type of contract the letter contract will become when it is 
definitized.
    (B) If there is more than one type of contract involved in the 
contracting action, enter the code that matches the type with the most 
dollars. If the type with the least dollars exceeds $500,000, fill out 
separate DD Forms 350 (with different report numbers) for each type.
    (C) Enter one of the following codes:
    (1) Code A--Fixed-Price Redetermination.
    (2) Code J--Firm-Fixed-Price.
    (3) Code K--Fixed-Price Economic Price Adjustment.
    (4) Code L--Fixed-Price Incentive.
    (5) Code R--Cost-Plus-Award-Fee.
    (6) Code S--Cost Contract.
    (7) Code T--Cost-Sharing.
    (8) Code U--Cost-Plus-Fixed-Fee.
    (9) Code V--Cost-Plus-Incentive-Fee.
    (10) Code Y--Time-and-Materials.
    (11) Code Z--Labor-Hour.
    (vi) BLOCK C6, NUMBER OF OFFERORS SOLICITED.
    (A) Leave Block C6 blank if--
    (1) The original contract resulted from a solicitation issued before 
April 1, 1985, (i.e., before the effective date of the Competition in 
Contracting Act);
    (2) Block B1B is coded B or C and Block B13A is coded 5; or
    (3) Block B13A is coded 6.
    (B) Otherwise, enter--
    (1) Code 1--One. Enter code 1 if only one offeror was solicited.
    (2) Code 2--More than One. Enter code 2 if more than one offeror was 
solicited.
    (vii) BLOCK C7, NUMBER OF OFFERS RECEIVED.
    (A) Leave Block C7 blank if--
    (1) The original contract resulted from a solicitation issued before 
April 1, 1985 (i.e., before the effective date of the Competition in 
Contracting Act); or
    (2) Block B13A is coded 6, Order Under Federal Schedule.
    (B) Otherwise, enter the specific number of offers received (maximum 
999).
    (viii) BLOCK C8, SOLICITATION PROCEDURES.
    (A) Leave Block C8 blank if--
    (1) The original contract resulted from a solicitation issued before 
April 1, 1985 (i.e., before the effective date of the Competition in 
Contracting Act);
    (2) The action is pursuant to simplified acquisition procedures 
(Block B13A is coded 9); or
    (3) The action is an order/call under a Federal schedule (Block B13A 
is coded 6.
    (B) Otherwise, enter one of the following codes:
    (1) Code A--Full and Open Competition--Sealed Bid. Enter code A if 
the action resulted from an award pursuant to FAR 6.102(a).
    (2) Code B--Full and Open Competition--Competitive Proposal. Enter 
code B if the action resulted from an award pursuant to FAR 6.102(b).
    (3) Code C--Full and Open Competition--Combination. Enter code C if 
the action resulted from an award using a combination of competitive 
procedures (e.g., two-step sealed bidding) pursuant to FAR 6.11102(c).
    (4) Code D--Architect-Engineer. Enter code D if the action resulted 
from selection of sources for architect-engineer contracts pursuant to 
FAR 6.102(d)(1).
    (5) Code E--Basic Research. Enter code E if the action resulted from 
competitive selection of basic research proposals pursuant to FAR 
6.102(d)(2).
    (6) Code F--Multiple Award Schedule. Enter code F is the action is 
an award of a multiple award schedule pursuant to FAR 6.102(d)(3) or an 
order against such a schedule.
    (7) Code G--Alternative Sources. Enter code G if the action resulted 
from use of competitive procedures but excluded a particular source 
pursuant to FAR 6.202(a).
    (8) Code K--Set-Aside. Enter code K if the action resulted from 
any--
    (i) Set-aside for small business concerns (FAR 6.203 including small 
business innovation research (SBIR) actions and awards to qualified 
nonprofit agencies employing people who are blind or severely disabled 
which were

[[Page 161]]

participating in a set-aside for small business concerns (see FAR 
19.501(h)).
    (ii) Set-aside for small disadvantaged business concerns (see 
206.203).
    (iii) Total or partial set-asides (including portions of broad 
agency announcements (BAAs)) for historically black colleges and 
universities or minority institutions (see 206.203 and 235.016).
    (iv) Competition among section 8(a) firms under FAR 19.805 (report 
noncompetitive 8(a) awards as code N).
    (9) Code M. [Reserved]
    (10) Code N--Other Than Full and Open Competition. Enter code N if 
the action resulted from use of other than full and open competition 
pursuant to FAR subpart 6.3. This includes awards to qualified nonprofit 
agencies employing people who are blind or severely disabled (see FAR 
subpart 8.7) or noncompetitive awards to the Small Business 
Administration under Section 8(a) of the Small Business Act (see FAR 
6.302-5(b)).
    (ix) BLOCK C9, AUTHORITY FOR OTHER THAN FULL AND OPEN COMPETITION.
    (A) Leave Block C9 blank if the original contract resulted from a 
solicitation issued before April 1, 1985 (i.e., before the effective 
date of the Competition in Contracting Act).
    (B) Enter one of the following codes if Block C8 is coded ``N.'' 
Otherwise, leave Block C9 blank.
    (1) Code 1A--Unique Source. Enter code 1A if the action was 
justified pursuant to FAR 6.302-1(b)(1).
    (2) Code 1B--Follow-on Contract. Enter code 1B if the action was 
justified pursuant to FAR 6.302-1(a)(2) (ii) or (iii).
    (3) Code 1C--Unsolicited Research Prop. Enter code 1C if the action 
was justified pursuant to FAR 6.302-1(a)(2)(i).
    (4) Code 1D--Patent/Data Rights. Enter code 1D if the action was 
justified pursuant to FAR 6.302-1(b)(2).
    (5) Code 1E--Utilities. Enter code 1E if the action was justified 
pursuant to FAR 6.302-1(b)(3).
    (6) Code 1F--Standardization. Enter code 1F if the action was 
justified pursuant to FAR 6.302-1(b)(4).
    (7) Code 1G--Only One Source--Other. Enter code 1G if the action was 
justified pursuant to FAR 6.302-1 in a situation other than the examples 
cited in codes 1A through 1F.
    (8) Code 2A--Urgency. Enter code 2A if the action was justified 
pursuant to FAR 6.302-2.
    (9) Code 3A--Particular Source. Enter Code 3A if the action was 
justified pursuant to FAR 6.302-3(a)(2).
    (10) Code 4A--International Agreement. Enter code 4A if the action 
was justified pursuant to FAR 6.302-4.
    (11) Code 5A--Authorized by Statute. Enter code 5A if the action was 
justified pursuant to FAR 6.302-5(a)(2)(i).
    (12) Code 5B--Authorized Resale. Enter code 5B if the action was 
justified pursuant to FAR 6.302-5(a)(2)(ii).
    (13) Code 6A--National Security. Enter code 6A if the action was 
justified pursuant to FAR 6.302-6.
    (14) Code 7A--Public Interest. Enter code 7A if the action was taken 
pursuant to FAR 6.302-7.
    (x) BLOCK C10, SUBJECT TO LABOR STANDARDS STATUTES. Enter one of the 
following codes. When Block B13A is coded 6, leave Block C10 blank.
    (A) Code A--Walsh-Healey Act. Enter code A when the contracting 
action is subject to the provisions of FAR subpart 22.6.
    (B) Code C--Service Contract Act. Enter code C when the contracting 
action is subject to the provisions of the Service Contract Act (see FAR 
part 37).
    (C) Code D--Davis-Bacon Act. Enter code D when the contracting 
action is subject to the Davis-Bacon Act (see FAR 22.403-1).
    (D) Code Z--Not Applicable. Enter code Z when codes A, C, or D do 
not apply.
    (xi) BLOCK C11, CERTIFIED COST OR PRICING DATA. Enter one of the 
following codes when Block B1B is coded A. Otherwise, leave blank.
    (A) Code Y--Yes--Obtained. Enter code Y when certified cost or 
pricing data were obtained for the contracting action reported (see FAR 
15.804-2).
    (B) Code N--No--Not Obtained. Enter code N when certified cost or 
pricing data were not obtained because data were not required (see FAR 
15.804-2) or an exemption was granted (see FAR 15.804-3(a)-(g)).
    (C) Code W--Not Obtained--Waived. Enter code W when certified cost 
or pricing data were not obtained because the requirement was waived 
(see FAR 15.804-3(i) and DFARS 215.804-3(i)).

[[Page 162]]

    (xii) BLOCK C12, CONTRACT FINANCING. Enter one of the following 
codes identifying whether or not progress payments (PP), advance 
payments (AP), or other financing methods were used.
    (A) Code A--FAR 52.232-16. Enter code A if the contract contains the 
clause at FAR 52.232-16, Progress Payments.
    (B) Code B--DFARS 252.232-7003. enter code B if the contract 
contains the clause at 252.232-7003, Flexible Progress Payments.
    (C) Code C--Percentage of Completion PP. Enter code C if the 
contract provides for progress payments based on percentage or stage of 
completion, which is only permitted on contracts for construction, for 
shipbuilding, or for ship conversion, alteration, or repair (see 
232.102(e)(2)).
    (D) Code D--Unusual PP or AP. Enter code D if the contract provides 
for unusual progress payments or advance payments (see FAR subpart 32.4 
and 32.501-2).
    (E) Code E--Commercial Financing. Enter code E if the contract 
provides for commercial financing payments (see FAR subpart 32.2).
    (F) Code F--Performance-Based Financing. Enter code F is the 
contract provides for performance-based financing payments (see FAR 
subpart 32.10).
    (G) Code Z--Not Applicable. Enter code Z when codes A through F do 
not apply.
    (xiii) BLOCK C13, FOREIGN TRADE DATA.
    (A) The term ``United States'' (U.S.), as used in Block C13, 
excludes the Trust Territory of Palau (see 204.670-1 for definition of 
United States and outlying areas).
    (B) BLOCK C13A, PLACE OF MANUFACTURE. Complete Block C13A only if 
the contracting action is for a foreign end product or a service 
provided by a foreign concern. Otherwise, leave Block C13A blank.
    (1) Code A--U.S. Enter code A if the contracting action is for--
    (i) A foreign end product that is manufactured in the United States 
but still determined to be foreign because 50 percent or more of the 
cost of its components is not mined, produced, or manufactured inside 
the United States or inside qualifying countries; or
    (ii) Services performed in the United States by a foreign concern.
    (2) Code B--Foreign. Enter code B if the contracting action is for--
    (i) Any other foreign end product; or
    (ii) Services performed outside the Unites States by a foreign 
concern.
    (C) BLOCK C13B, COUNTRY OF ORIGIN CODE.
    (1) Complete Block C13B only if Block C13A is coded A or B. 
Otherwise, leave Block C13B blank.
    (2) Enter the code from FIPS PUB 10-3 (Countries, Dependencies, 
Areas of Special Sovereignty, and Their Principal Administrative 
Divisions) that identifies the country where the foreign product is 
coming from or where the foreign company providing the services is 
located. If more than one foreign country is involved, enter the code of 
the foreign country with the largest dollar value.
    (xiv) BLOCK C14, COMMERCIAL ITEMS. Enter one of the following codes:
    (A) Code Y--Yes. Enter code Y if the contract contains the clause at 
FAR 52.212-4, Contract Terms and Conditions--Commercial Items.
    (B) Code N--No. Enter code N if code Y does not apply
    (d) Part D of the DD Form 350.
    (1) Part D gathers data on the various socioeconomic programs that 
apply to defense acquisitions.
    (2) Do Not complete Part D if the contracting action is an--
    (i) Order/call under a Federal schedule, i.e., Block B13A is coded 
6; or
    (ii) Action with a government agency, i.e., Block B5B is coded Y.
    (3) Determined the status of the concern (e.g., size and ownership) 
by referring to FAR party 19 and DFARS part 219.
    (4) Use the codes in Blocks B13A and B13D to determine whether the 
codes in Part D will describes the contracting action being reported or 
the original contract.
    (i) Code Part D to describe the contracting action being reported 
when--
    (A) Block B13A is coded 1, 3, 4, or 9 and Block B13D is coded A or 
is blank; or
    (B) Block B5B is coded N, Block B13A is coded 8, and Block B13D is 
coded A

[[Page 163]]

or is blank. Otherwise, code Part D to describe the original contract.
    (ii) If there are no codes for the original contract because a DD 
Form 350 was not required at the time, the original action is no longer 
available, the definition of the original code has changed or a data 
element has been added to the system after the original contract report, 
then use codes that best describe the original contracting action.
    (5) Complete Part D blocks as follows:
    (i) BLOCK D1, TYPE OF BUSINESS. Enter one of the following codes:
    (A) Code A--Small Disadvantaged Business Performing in U.S. Enter 
code A if the contractor is an SDB concern as defined in 219.001 and the 
place of performance is within the United States and outlying areas.
    (B) Code B--Other Small Business Performing in U.S. Enter code B if 
the contractor is a small business concern as defined in FAR 19.001, 
other than a small disadvantaged business concern, and the place of 
performance is within the United States and outlying areas.
    (C) Code C--Large Business Performing in U.S. Enter code C if the 
contractor is a domestic large business concern, and the place of 
performance is within the United States and outlying areas.
    (D) Code D--JWOD Participating Nonprofit Agencies. Enter code D if 
the contractor is a qualified nonprofit agency employing people who are 
blind or severely disabled (FAR 8.701), and the place of performance is 
within the United States and outlying areas.
    (E) Code F--Hospital. Enter code F if the contractor is a hospital, 
and the place of performance is within the United States and outlying 
areas.
    (F) Code L--Foreign Concern/Entity. Enter code L if the contractor 
is a foreign concern, the Canadian Commercial Corporation, or a non-
U.S.-chartered nonprofit institution.
    (G) Code M--Domestic Firm Performing Outside U.S. Enter code M if 
the contractor is a domestic concern or a domestic nonprofit institution 
and the place of performance is outside the United States and outlying 
areas.
    (H) Code U--Historically Black Colleges and Universities or Minority 
Institutions (HBCU/MI). Enter code U if the contractor is an HBCU/MI as 
defined at 252.226-7000 and the place of performance is within the 
United States and outlying areas.
    (I) Code V--Other Educational. Enter code V if the contractor is an 
educational institutional which does not qualify as an HBCU/MI, and the 
place of performance is within the United States and outlying areas.
    (J) Code Z--Other Nonprofit. Enter code Z if the contractor is a 
nonprofit institution (defined in FAR 31.701) which does not meet any of 
the criteria in codes D, F, U, or V, and the place of performance is in 
the United States and outlying areas.
    (ii) BLOCK D2, REASON NOT AWARDED TO SMALL DISADVANTAGED BUSINESS 
(SDB). Enter one of the following codes when Block D1 is coded B or C. 
Otherwise, leave Block D2 blank.
    (A) Code A--No Known SDB Source.
    (B) Code B--SDB Not Solicited. Enter code B when there was known 
small business source, but it was not solicited.
    (C) Code C--SDB Solicited/No Offer. Enter code C when an SDB was 
solicited but it did not submit an offer or its offer was not sufficient 
to cover the total quantity requirement so it received a separate award 
for the quantity offered.
    (D) Code D--SDB Solicited/Offer Not Low. Enter code D when an SDB 
offer was not the low offer or an SDB was not willing to accept award of 
a partial small business set-aside portion of an action at the price 
offered.
    (E) Code Z--Other Reason. Enter code Z when an SDB did not receive 
the award for any other reason or when Block B1B is coded B or C and 
Block B13A is coded 5.
    (iii) BLOCK D3, REASON NOT AWARDED TO SMALL BUSINESS (SB). Enter one 
of the following codes when Block D1 is coded C. Otherwise, leave D3 
blank. (The term ``Small Business'' includes small disadvantaged 
businesses.)
    (A) Code A--No Known SB Source.
    (B) Code B--SB Not Solicited. Enter code B when there was a known 
small business source, but it was not solicited.

[[Page 164]]

    (C) Code C--SB Solicited/No Offer. Enter code C when a small 
business concern was solicited but it did not submit an offer or its 
offer was not sufficient to cover the total quantity requirement so it 
received a separate award for the quantity offered.
    (D) Code D--SB Solicited/Offer Not Low. Enter code D when a small 
business offer was not the low or most advantageous offer or a small 
business concern was not willing to accept award of a set-aside portion 
of an action at the price offered by the Government.
    (E) Code Other Reason. Enter code Z when a small business did not 
receive the award for any reason or when Block B1B is coded B or C and 
Block B13A is coded 5.
    (iv) BLOCK D4, PREFERENCE PROGRAM.
    (A) BLOCK D4A, TYPE OF SB SET-ASIDE. Enter one of the following 
codes:
    (1) Code A--None. Enter code A if there was no small business set-
aside (FAR 19.502). Note that set-asides for historically black colleges 
and universities and minority institutions (HBCUs/MIs) are not small 
business set-asides. Use code A for HBCU/MI set-asides and complete 
Block D4C.
    (2) Code B--Total SB Set-Aside. Enter code B if the action was a 
total set-aside for small business (FAR 19.502-2), including actions 
reserved exclusively for small business concerns pursuant to FAR 13.105, 
or if the action resulted from the Small Business Innovation Research 
Program.
    (3) Code C--Partial SB Set-Aside. Enter code C if the action was a 
partial set-aside for small business (219.502-3).
    (4) Code E--Total SDB Set-Aside. Enter code E if the action was a 
total set-aside for small disadvantaged businesses (219.502-2-70).
    (5) Code Y--Emerging Small Business Set-Aside. Enter code Y if the 
action was an emerging small business set-aside within a designated 
industry group under the Small Business Competitiveness Demonstration 
Program (FAR subpart 19.10 and DFARS 204.670-9).
    (B) BLOCK D4B--TYPE OF SDB SET-ASIDE/SDB PREFERENCE. Enter one of 
the following codes, even if Block D4A is coded E:
    (1) Code A--None. Enter code A if no SDB preference was given or 
award was not to an SDB.
    (2) Code B--Section 8(a). Enter code B if the contract was awarded 
to the Small Business Administration (SBA) under Section 8(a) of the 
Small Business Act (FAR subpart 19.8).
    (3) Code C--Total SDB Set-Aside. Enter code C if the action was an 
SDB set-aside (219.502-2-70) and award was to an SDB.
    (4) Code D--SDB Evaluation Preference--Unrestricted. Enter code D if 
the action was unrestricted but an SDB received an award as a result of 
an evaluation preference (subpart 219.70).
    (5) Code E--SDB Preferential Consideration--Partial SB Set-Aside. 
Enter code E if the action was a partial set-aside for small business 
and preferential consideration resulted in an award to an SDB (219.502-
3).
    (6) Code F--SDB Evaluation Preference in Construction. Enter code F 
if the action was a construction acquisition and preferential 
consideration resulted in an award to a SDB (subpart 219.72). If code F 
applies and Block B13D is blank, complete Blocks E1 and E3.
    (C) BLOCK D4C--HBCU/MI SET-ASIDE. Enter one of the following codes:
    (1) Code A--None. Enter code A if the action was not set aside for 
HBCUs or MIs.
    (2) Code B--HBCU or MI--Total Set-Aside. Enter code B if the action 
was total set-aside for HBCUs and MIs (226.7003).
    (3) Code C--HBCU or MI--Partial Set-Aside. Enter code C if the 
action was a partial set-aside for HBCUs or MIs under a broad agency 
announcement (235.016).
    (D) BLOCK D4D. [Reserved]
    (E) BLOCK D4E, PREMIUM PERCENT.
    (1) Complete Block D4E if [Block B1B is coded A and
    (i) Block D4B is coded C, D, or E; or
    (ii) Block D4C is coded B or C. Otherwise, leave blank.
    (2) Calculate the premium percentage per 219.202-5 and enter it as a 
three-digit number rounded to the nearest

[[Page 165]]

tenth, e.g., enter 7.55% as 076. If no premium was paid, enter three 
zeros (000).
    (v) BLOCK D5--ETHNIC GROUP.
    (A) Complete Block D5 if the action is with an SDB. Otherwise, leave 
it blank.
    (B) Enter the code from the following list which corresponds to the 
ethnic group marked by the contractor in the solicitation provision at 
252.219-7000 (Small Disadvantaged Business Concern Representation (DoD 
Contracts)).
    (1) Code A--Asian-Indian American.
    (2) Code B--Asian-Pacific American.
    (3) Code C--Black American.
    (4) Code D--Hispanic American.
    (5) Code E--Native American.
    (6) Code F--Other SDB certified/determined by SBA.
    (7) Code Z--No representation.
    (vi) BLOCK D6, WOMEN-OWNED BUSINESS. Enter one of the following 
codes:
    (A) Code Y--Yes. Enter code Y if the response to FAR 52.204-5 or 
52.212-3(c) (Women-Owned Business Representation) indicates that it is a 
women-owned business.
    (B) Code N--No. Enter code N if the contractor's response to FAR 
52.204-5 or 52.212-3(c) indicates that it is not a women-owned business.
    (C) Code U--Uncertified. Enter code U if the information is not 
available because the contractor did not complete the representation 
under FAR 52.204-5 or 52.212-3(c).
    (vii) BLOCK D7--SMALL BUSINESS INNOVATION RESEARCH (SBIR) PROGRAM. 
Enter one of the following codes. When Block B1B is coded B or C and 
Block B13A is coded 5, leave Block D7 blank.
    (A) Code A--Not an SBIR Program Phase I-II. Enter code A if the 
action is not in support of a Phase I or II SBIR Program.
    (B) Code B--SBIR Program Phase I Action. Enter code B if the action 
is related to a Phase I contract in support of the SBIR Program.
    (C) Code C--SBIR Program Phase II Action. Enter code C if the action 
is related to a Phase II contract in support of the SBIR Program.
    (viii) BLOCK D8, SUBCONTRACTING PLAN--SB, SDB, OR HBCU/MI. Enter one 
of the following codes:
    (A) Code A--Plan Not Included--No Subcontracting Possibilities. 
Enter code A if a subcontracting plan was not included in the contract 
because subcontracting possibilities do not exist (FAR 19.705-2(c)).
    (B) Code B--Plan Not Required. Enter code B if no subcontracting 
plan was required (because the action did not meet the dollar thresholds 
in FAR 19.702(b)).
    (C) Code C--Plan Required, Incentive Not Included. Enter code C if 
the action includes a subcontracting plan, but does not include 
additional incentives (FAR 19.708(c)).
    (D) Code D--Plan Required, Incentive Included. Enter code D if the 
action includes a subcontracting plan and also includes additional 
incentives (FAR 19.708(c), 219.708(c)).
    (ix) BLOCK D9, DEMONSTRATION TEST PROGRAM. Enter one of the 
following codes. When Block B13A is coded 5 or Block B13D is coded B, C, 
D, E, F, or G and the original action was awarded before the program 
began, enter code N in Block D9. When Block B1B is coded B or C and 
Block B13A is coded 5, enter code N in Block D9.
    (A) Code Y--Yes. Enter code Y if this is an action with a U.S. 
business concern, in either the four designated industry groups or the 
ten targeted industry categories under the Small Business 
Competitiveness Demonstration Program (FAR subpart 19.10 and DFARS 
subpart 219.10), where the principal place of performance is in the 
United States or outlying areas.
    (B) Code N--No. Enter code N if code Y does not apply.
    (x) BLOCK D10, SIZE OF SMALL BUSINESS.
    (A) Complete Block D10 only when Block D9 is coded ``Y'' and the 
contractor is a small business (Block D1 is coded A or B). Otherwise, 
leave Block D10 blank.
    (B) Enter one of the following codes for the size of the business 
(number of employees or average annual gross revenue) as represented by 
the contractor in the solicitation provision at FAR 52.219-19, Small 
Business Concern Representation for the Small Business Competiveness 
Demonstration Program:
    (1) Code A--50 or fewer.

[[Page 166]]

    (2) Code B--51-100.
    (3) Code C--101-250.
    (4) Code D--251-500.
    (5) Code E--501-750.
    (6) Code F--751-1,000.
    (7) Code G--Over 1,000.
    (8) Code M--$1,000,000 or less.
    (9) Code N--$1,000,001-2,000,000.
    (10) Code P--$2,000,001-3,500,000.
    (11) Code R--$3,500,001-5,000,000.
    (12) Code S--$5,000,001-10,000,000.
    (13) Code T--$10,000,001-17,000,000.
    (14) Code U--$Over $17,000,000.
    (xi) BLOCK D11, EMERGING SMALL BUSINESS.
    (A) Complete this block only if Block D9 is coded ``Y'' and the 
contracting action is in one of the four designated industry groups, not 
one of the targeted industry categories. Otherwise, leave Block D11 
blank.
    (B) Enter one of the following codes:
    (1) Code Y--Yes. Enter code Y if the contractor represents in the 
provision at FAR 52.219-19, Small Business Concern Representation for 
the Small Business Competitiveness Demonstration Program, that it is an 
emerging small business concern.
    (2) Code N--No. Enter code N if code Y does not apply.
    (e) Part E of the DD Form 350. Part E gathers data on specialized 
items that may not become permanent reporting elements.
    (1) BLOCK E1, PREFERENCE AWARD VALUE.
    (i) Complete Block E1 if code F was entered in Block D4B and Block 
B13D is blank. Otherwise, leave Block E1 blank.
    (ii) Enter the dollar amount (i.e., contract face value) of the 
award. Use whole dollars.
    (2) BLOCK E2, SET-ASIDE VALUE.
    (i) Complete Block E2 only if the contracting action is with a 
qualified nonprofit agency employing people who are blind or severely 
disabled and was awarded as a result of the agency's participation in a 
total or partial small business set-aside (FAR 19.501(h)). Otherwise, 
leave Block E2 blank.
    (ii) Enter the dollar amount (i.e., contract face value) of the set-
aside portion of the award. Use whole dollars.
    (3) BLOCK E3, NEXT LOW OFFER.
    (i) Complete Block E3 only if Block E1 or E2 is completed. 
Otherwise, leave Block E3 blank.
    (ii) If Block E1 or E2 is completed--
    (A) Enter the offered price from the small business firm that would 
have been the low offeror if qualified nonprofit agencies employing 
people who are blind or severely disabled had not participated in the 
acquisition; or
    (B) If the evaluation preference for small disadvantaged business 
concerns in construction acquisitions set forth in subpart 219.72 is 
applied, enter the offered price from the non-SDB concern that would 
have been the successful offeror if the evaluation preference had not 
been applied. Enter the amount in whole dollars.
    (4) BLOCK E4-BLOCK E8. [Reserved]
    (f) Part F of the DD Form 350. Part F identifies the reporting 
official.
    (1) BLOCK F1, NAME OF CONTRACTING OFFICER OR REPRESENTATIVE. Enter 
the name (Last, First, Middle Initial) of the contracting officer or 
representive.
    (2) BLOCK F2, SIGNATURE. The person identified in Block F1 must 
sign.
    (3) BLOCK F3, TELEPHONE NUMBER. Enter the telephone number (with 
area code) for the individual in Block F1. Installations with Defense 
Switched Network (DSN) must enter the DSN number.
    (4) BLOCK F4, DATE. Enter date that the DD Form 350 Report is 
submitted. Enter four digits for the year, two digits for the month, and 
two digits for the day. Use 01 through 12 for January through December. 
For example, enter January 2, 2003, as 20030102.
    (g) Special Instructions for DD Forms 350 on Actions of $25,000 or 
Less Under the Small Business Competitiveness Demonstration Program.
    (1) A DD Form 350 is required on actions of $25,000 or less under 
the Small Business Competitiveness Demonstration Program in accordance 
with 204.670-9.
    (2) Except as provided in paragraphs (g)(2)(i) and (ii) of this 
subsection, complete the DD Form 350 using the instructions in 
paragraphs (a) through (f) of this subsection.
    (i) Enter code B in Block C3 for actions at or below the micro-
purchase threshold at FAR 2.101.

[[Page 167]]

    (ii) Leave the following blocks blank:

BIB
B4
B5B
B5C
B5F
B5G
B5H
B9
B10
B11
B12B
B12C
C1
C2
C4
C6
C11
C12
C13A
C13B
D2
D3
D4E
D5
D7
D8
E2
E3

[61 FR 51032, Sept. 30, 1996]



Sec. 253.204-71   DD Form 1057, Monthly Contracting Summary of Actions $25,000 or Less.

    (a) Scope of subsection. Policy on use of a DD Form 1057 is in 
204.670. This subsection contains instructions on completion of the DD 
Form 1057.
    (1) Report actions in the month they are awarded, issued, executed, 
or placed, except--
    (i) When the price of an order or call cannot be determined when it 
is placed, count the action and its dollars when it is paid.
    (ii) Count the following actions when the voucher is paid (count 
each voucher as one action):
    (A) Meals and lodging.
    (B) Automatic deliveries, e.g., bread, milk, and ice cream.
    (iii) The Navy Facilities Engineering Command shall report vouchers 
it processes on Naval shore establishment contracts for electricity and 
gas in accordance with departmental procedures.
    (2) Enter all dollar amounts in whole dollars only. Do not enter 
cents. If the net amount is a decrease, enter a minus sign (-) 
immediately preceding the amount to indicate a credit entry. Do not 
enter parentheses.
    (3) Include actions in support of a contingency operation (see 
213.000) on the DD Form 1057, as follows:
    (i) Section A, complete fully.
    (ii) Section B, complete only lines 5, 5a, 7, and 7a.
    (iii) Section C, complete only lines 1 and 1c, 2 and 2c, or 3 and 
3c, as applicable.
    (iv) Sections D, E, and F, leave blank.
    (v) Section G, complete fully.
    (vi) Section H, complete fully.
    (b) Definitions. For purposes of this subsection--
    All Other Orders means orders, and modifications of such orders, 
under basic ordering agreements (BOAs) or indefinite delivery contracts.
    GSA Schedule Orders means only orders/calls, and modifications of 
such orders/calls, under Federal schedules awarded by GSA.
    Other Contracting Actions means all actions that do not meet the 
definitions, in this paragraph (b), of an order.
    Other Federal Schedule Orders means only orders, and modifications 
of such orders, under Federal schedules awarded by an agency other than 
GSA, e.g., awarded by VA or OPM.
    Similified Acquisition Procedures means purchase orders, calls under 
blanket purchase agreements (BPAs) (except BPAs written under Federal 
schedules), and modifications to those actions.
    (c) Section A, General Information.
    (1) BLOCK A1, REPORTING FOR MONTH ENDING. Enter the last day of the 
month in which the report is submitted. Enter four digits for the year, 
two digits for the month, and two digits for the day. Use 01 through 12 
for January through December. For example, enter January 2, 2003, as 
20030102.
    (2) BLOCK A2, CONTRACTING OFFICE. Enter sufficient detail to 
establish the identity of the contracting office submitting the report 
in Blocks 2a and b.
    (3) BLOCK A3, REPORTING OFFICE CODE. Enter the code assigned to the 
contracting office by the departmental data collection point in 204.670-
8.
    (d) Section B, Contracting Actions.

[[Page 168]]

    (1) BLOCK B1, TARIFF OR REGULATED ACQUISITIONS. Enter the number and 
dollar value of contracting actions (including modifications that will 
also be reported in Block B8) with tariff or regulated industries 
(industries with sole source and service rates which are fixed or 
adjusted by a Federal, State, or other public regulatory body).
    (2) BLOCK B2, FOREIGN/INTERAGENCY.
    (i) Enter the total number and dollar value of contracting actions 
(including modifications that will also be reported in Block B8)--
    (A) For foreign military sales (FMS) or other arrangement where the 
foreign government or international organization is paying all or part 
of the cost of the action.
    (B) Placed directly with foreign governments under the terms of an 
international agreement, e.g., base maintenance performed with the 
foreign government acting as the contractor (any other actions directly 
with foreign governments go in Block B5).
    (C) With another Federal agency or Government corporation, e.g., 
Federal Prison Industries (UNICOR).
    (ii) Enter the subtotals in Blocks B2a, b, and c for the number and 
dollar value of contracting actions, including modifications that will 
also be reported in Block B8 for--
    (A) Block B2a, FMS/International Agreements. Enter subtotals for 
paragraphs (d)(2)(i)(A) and (B) of this subsection.
    (B) Block B2b, Action with UNICOR. Enter subtotal for contracting 
actions with UNICOR.
    (C) Block B2c, Action with Other Government Agency. Enter subtotal 
for action with government agencies other than UNICOR.
    (3) BLOCK B3, SMALL BUSINESS.
    (i) Enter the total number and total dollar value of contracting 
actions (including modifications which will also be reported in Block 
B8) where the--
    (A) Contractor is a small business concern; and
    (B) Place of performance is in the United States and outlying areas 
(see 204.670-1).
    (ii) Enter the subtotals for the number and dollar value of 
contracting actions (including modifications that will also be reported 
in Block B8) for--
    (A) Block B3a, Simplified Acquisition Procedures (SAP).
    (B) Block B3b, GSA Schedule Orders.
    (C) Block B3c, Other Federal Schedule Orders.
    (D) Block B3d, All Other Orders.
    (E) Block B3e, Other Contracting Actions.
    (4) BLOCK B4, LARGE BUSINESS.
    (i) Enter the total number and dollar value of contracting actions 
(including modifications which will also be reported in Block B8) where 
the--
    (A) Contractor is a large business concern; and
    (B) Place of performance is in the United States and outlying areas.
    (ii) Enter the subtotals for the number and dollar value of 
contracting actions (including modifications that will also be reported 
in Block B8) for--
    (A) Block B4a, Simplified Acquisition Procedures (SAP).
    (B) Block B4b, GSA Schedule Orders.
    (C) Block B4c, Other Federal Schedule Orders.
    (D) Block B4d, All Other Orders.
    (E) Block B4e, Other Contracting Actions.
    (5) BLOCK B5, DOMESTIC OR FOREIGN ENTITIES PERFORMING OUTSIDE THE 
UNITED STATES.
    (i) Enter the total number and dollar value of contracting actions 
(including modifications that will also be reported in Block B8) where 
the place of performance is outside the United States and outlying areas 
(see 204.670-1(c)). This includes actions placed directly with a foreign 
government that are not under international agreements (see paragraph 
(d)(2)(i)(B) of this subsection). It does not matter whether the 
contractor is domestic or foreign.
    (ii) Enter the subtotals for the number and dollar value of actions 
(including modifications that will also be reported in Block B8) for--
    (A) Block B5a, Simplified Acquisition Procedures (SAP).
    (B) Block B5b, GSA Schedule Orders.
    (C) Block B5c, Other Federal Schedule Orders.
    (D) Block B5d, All Other Orders.
    (E) Block B5e, Other Contracting Actions.

[[Page 169]]

    (6) BLOCK B6, EDUCATIONAL, NONPROFIT & OTHER.
    (i) Enter the total number and dollar value of contracting actions 
(including modifications that will also be reported in Block B8) with--
    (A) Educational institutions;
    (B) Not-for-profit and nonprofit institutions (defined in FAR 
31.107);
    (C) Qualified nonprofit agencies employing people who are blind or 
severely disabled; and
    (D) Any other entities not listed in Blocks B1 through B5.
    (ii) Enter the subtotals for the number and dollar value of 
contracting actions (including modifications that will also be reported 
in Block B8) for--
    (A) Block B6a, Simplified Acquisition Procedures (SAP).
    (B) Block B6b, GSA Schedule Orders.
    (C) Block B6c, Other Federal Schedule Orders.
    (D) Block B6d, All Other Orders.
    (E) Block B6e, Other Contracting Actions.
    (7) BLOCK B7, TOTAL CONTRACTING ACTIONS.
    (i) Add Blocks B1 through B6 and enter the totals in Block B7.
    (ii) If directed by data collection point procedures, also enter the 
subtotals for the number and dollar value of contracting actions for--
    (A) Block B7a, Simplified Acquisition Procedures, sum of sub-blocks 
3a+4a+5a+6a.
    (B) Block B7b, GSA Schedule Orders, sum of sub-blocks 3b+4b+5b+6b.
    (C) Block B7c, Other Federal Schedule Orders, sum of sub-blocks 
3c+4c+5c+6c.
    (D) Block B7d, All Other Orders, sum of sub-blocks 3d+4d+5d+6d.
    (E) Block B7e, Other Contracting Actions, sum of sub-blocks 
3e+4e+5e+6e.
    (8) BLOCK B8, TOTAL MODIFICATIONS EXCLUDING SIMPLIFIED ACQUISITION 
PROCEDURES. Enter the total number and dollar value of modification 
actions, excluding simplified acquisition procedures.
    (e) Section C, Extent Competed.
    (1) BLOCK C1, COMPETED.
    (i) Enter the total number and dollar value of contracting actions 
which were competed.
    (A) Include in Block C1--
    (1) Actions not subject to Competition in Contracting Act (CICA) 
(see FAR 6.001) when at least two quotations or offers were received;
    (2) Actions when competitive procedures were used to fulfill the 
requirement for full and open competition (FAR subpart 6.1);
    (3) Actions when full and open competition was provided for after 
exclusion of source, to establish/maintain alternative sources or to set 
aside an acquisition exceeding the micro-purchase threshold for small 
business (FAR Subpart 6.2);
    (4) Actions when statutory authorities for other than full and open 
competition (FAR subpart 6.3) were used and more than one offer was 
received, except as provided in paragraphs (e)(1)(i)(B) (2) and (3) of 
this subsection;
    (5) Actions resulting from a contract awarded competitively before 
CICA (including two-step formal advertising);
    (6) Orders/calls and modifications under a Federal schedule; and
    (7) Section 8(a) awards competed under FAR 6.204.
    (B) Do not include--
    (1) Actions that meet the criteria for Section C, Block C2;
    (2) Actions awarded under the authority of FAR 6.302-5(b) (2) or 
(4), authorized or required by statute (report these in Section C, Block 
C2); or
    (3) Actions reported in Section B, Blocks B1 and B2, including 
actions with the Federal Prison Industries (UNICOR). These actions are 
treated as not available for competition in published competition 
reports.
    (ii) Enter the subtotals for the number and dollar value of 
contracting actions for--
    (A) Block C1a, Small Business Concerns;
    (B) Block C1b, Large Business Concerns;
    (C) Block C1c, Domestic or Foreign Entities Performing Outside the 
United States and Outlying Areas; and
    (D) Block C1d, Educational, Nonprofit & Other.
    (2) BLOCK C2, NOT AVAILABLE FOR COMPETITION.
    (i) Enter the total number and dollar value of contracting actions 
which were not available for competition.
    (A) Include in Block C2--

[[Page 170]]

    (1) Actions for brand name commercial products for authorized 
resale;
    (2) Actions authorized or required by statute to be awarded to a 
specific source or through another agency in accordance with FAR 6.302-
5(b) (2) or (4); e.g., actions with qualified nonprofit agencies 
employing people who are blind or severely disabled, and noncompetitive 
8(a) actions;
    (3) Actions (including modifications) at or below the micro-purchase 
threshold at FAR 2.101; and
    (4) Other contract actions when the Director of Defense Procurement 
has determined that there is no opportunity for competition.
    (B) do not include any actions reported in Section B, Blocks B1 or 
B2 (e.g., actions with regulated monopolies, actions under foreign 
military sales or international agreements, and actions with another 
Federal agency or Government corporation). These actions are treated as 
not available for competition in published competition reports.
    (ii) Enter the subtotals for the number and dollar value of 
contracting actions for--
    (A) Block C2a, Small Business Concerns;
    (B) Block C2b, Large Business Concerns;
    (C) Block C2c, Domestic or Foreign Entities Performing Outside the 
United States; and
    (D) Block C2d, Educational, Nonprofit and Other.
    (3) BLOCK C3, NOT COMPETED.
    (i) Enter the total number and dollar value of contracting actions 
which were not competed, i.e., any actions not reported in Blocks B1 or 
B2. Do not include actions reported in Section B, Blocks B1 or B2. These 
actions are treated as not available for competition in published 
competition reports.
    (ii) Enter the subtotals for the number and dollar value of actions 
for--
    (A) Block C3a, Small Business Concerns;
    (B) Block C3b, Large Business Concerns;
    (C) Block C3c, Domestic or Foreign Entities Performing Outside the 
United States and Outlying Areas; and
    (D) Block C3d, Educational, Nonprofit & Other.
    (f) Section D, Research, Development, Test, & Evaluation Actions. Do 
not include actions for supplies or services in support of RDT&E work 
that do not require the contractor to perform RDT&E.
    (1) BLOCK D1, SMALL BUSINESS. Enter the total number and dollar 
values of RDT&E actions with small business concerns.
    (2) BLOCK D2, LARGE BUSINESS. Enter the total number and dollar 
value of RDT&E actions with large business concerns.
    (3) BLOCK D3, DOMESTIC OR FOREIGN ENTITIES PERFORMING OUTSIDE THE 
UNITED STATES AND OUTLYING AREAS. Enter the total number and dollar 
value of RDT&E actions where the principal place of performance is 
outside the United States or outlying areas (see 204.670-1).
    (4) BLOCK D4, HISTORICALLY BLACK COLLEGES & UNIVERSITIES OR MINORITY 
INSTITUTIONS (HBCU/MI). Enter the total number and dollar value of RDT&E 
actions with HBCUs or MIs.
    (5) BLOCK D5, OTHER ENTITIES. Enter the total number and dollar 
value of RDT&E actions that were reported in Blocks D1 through D4.
    (g) Section E, Selected Socioeconomic Statistics.
    (1) BLOCK E1, SMALL BUSINESS (SB) SET-ASIDE.
    (i) Enter the total number and dollar value of contracting actions 
which were small business set-aside actions, including awards to SDBs 
reported in Blocks E2c and E2d.
    (ii) If the action is an emerging small business set-aside (FAR 
19.1006(c)), use the most appropriate sub-block.
    (iii) Enter the subtotals for the number and total dollar value of 
actions for--
    (A) Block Ela, SB Set-aside Using Simplified Acquisition Procedures.
    Enter actions pursuant to FAR 13.105(a).
    (B) Block E1b, SB Set-Aside. Enter actions pursuant to FAR 19.502.
    (2) BLOCK E2, SMALL DISADVANTAGED BUSINESS (SDB) ACTIONS.
    (i) Enter the total number and dollar value of actions which were 
small disadvantaged business actions.
    (ii) Enter the subtotals for the number and dollar value for--

[[Page 171]]

    (A) block E2a, Through SBA-Section 8(a). Enter actions with the 
Small Business Administration pursuant to Section 8(a) of the Small 
Business Act (FAR subpart 19.8).
    (B) Block E2b, SDB Set-Aside/SDB Preference. Enter actions resulting 
from--
    (1) A set-aside for small disadvantaged business (SDB) (219.502-2-
70);
    (2) Application for an SDB evaluation preference (subpart 219.70); 
or
    (3) SDB preferential consideration (219.502-3).
    (C) Block E2c, SB Set-aside Using Simplified Acquisition Procedures. 
Enter actions pursuant to FAR 13.105(a) when award is to an SDB, but a 
preference was not applied.
    (D) Block E2d, SB Set-Aside. Enter actions under FAR 19.502 when 
award is to an SDB, but a preference was not applied nor was 
preferential consideration given.
    (E) Block E2e, Other. Enter awards to SDB concerns when award is to 
an SDB not reported in Blocks E2a through E2d.
    (3) BLOCK E3, WOMEN-OWNED SMALL BUSINESS. Enter total number and 
dollar value of contracting actions with women-owned small businesses 
(see FAR 19.3304(a)).
    (4) BLOCK E4, HBCU/MI. Enter the total number and dollar value of 
contracting actions with NHCU/MIs pursuant to subpart 226.70.
    (5) BLOCK E5, JWOD PARTICIPATING NONPROFIT AGENCIES. Enter the total 
number and dollar value of contracting actions with qualified nonprofit 
agencies employing people who are blind or severely disabled for 
supplies or services from the Procurement List pursuant to FAR subpart 
8.7.
    (6) BLOCK E6, EXEMPT FROM SMALL BUSINESS ACT REQUIREMENTS. Enter the 
total number and dollar value of contracting actions exempt from the 
set-aside requirements of the Small Business Act (see FAR 19.502-1).
    (h) Section F, Simplified Acquisition Procedures--Dollar Value 
Ranges. Enter in each of the dollar ranges the total number and dollar 
value of contracting actions which used simplified acquisition 
procedures (FAR part 13). The total of Section F is normally the sum of 
Blocks B3a, B4a, B5a, and B6a.
    (i) Section G, Contingency Actions.
    BLOCK G1, TOTAL ACTIONS.
    (1) Enter the total number and dollar value of actions in support of 
a contingency operation (see 213.000). The numbers entered here are a 
breakout of the numbers already entered in Sections B and C.
    (2) Enter the subtotals based on the instructions for completion of 
Section C for the number and dollar value of contracting actions for--
    (i) Block G1a, Competed;
    (ii) Block G1b, Not Available for Competition; and
    (iii) Block G1c, Not Competed.
    (j) Section H, Remarks and Authentication.
    (1) BLOCK H1, REMARKS. Enter any remarks applicable to this report.
    (2) Block H2, CONTRACTING OFFICER.
    (i) Block H2a, Typed Name. Enter the name (last, first, middle 
initial) of the contracting officer or representative.
    (ii) Block H2b, Signature. The person identified in Block H2a must 
sign.
    (iii) Block H2c, Telephone Number. Enter the telephone number (with 
area code) of the person identified in Block H2a. Installations with 
Defense Switched Network (DSN) must enter their DSN number.
    (3) BLOCK H3, DATE REPORT SUBMITTED. Enter the date that the DD Form 
1057 is submitted. Enter four digits for the year, two digits for the 
month and two digits for the day. Use 01 through 12 for January through 
December. For example, enter January 2,2003, as 20030102.

[61 FR 51040, Sept. 30, 1996]
253.208  Required sources of supplies and services.



Sec. 253.208-1  DD Form 448, Military Interdepartmental Purchase Request.

    (a) Use the DD Form 448 as prescribed in subpart 208.70.
    (b) Prepare MIPR information in uniform contract format when 
possible. Overprint of fixed repetitive information is authorized.
    (c) Instructions for completion of DD Form 448. (1) BLOCK 5--MIPR 
Number. Number the MIPR by using--
    (i) The requiring department identification code as prescribed in 
DoD

[[Page 172]]

4000.25-6-M, Department of Defense Activity Address Directory (DoDAAD);
    (ii) The last digit of the fiscal year; and
    (iii) The number of the particular MIPR (numbered consecutively by 
the requiring activity).
    (2) Block 6--Amend No. Assign a suffix number. Assign amendments of 
the same MIPR consecutive suffix numbers.
    (3) Block 9. (i) Conduct interdepartmental screening of items in 
accordance with FAR 8.001. Requisition items which are available from 
stocks of other departments as follows:
    (A) Obtain items within the scope of MILSTRIP (see DoD 4000.25-1-M, 
Military Standard Requisitioning and Issue Procedures (MILSTRIP)) by use 
of DD Form 1348 (Single Line Item Requisition System Document (Manual), 
DoD))/1348M (Single Line Item Requisition System Document, DoD 
(Mechanical)).
    (B) Obtain items not covered by MILSTRIP using DD Form 1149, 
Requisition and Invoice/Shipping Document.
    (C) If, after receipt of a MIPR, it is determined the requested 
items are available from stock, the acquiring department shall use the 
MIPR to obtain the item.
    (ii) Normally restrict a MIPR to one major end item, including its 
required spare parts, ground support equipment, and similar related 
items. For other than major end items, limit MIPRs to items within a 
single Federal supply class when possible.
    (4) Block 10--(i) Delivery Schedules. (A) The requiring department 
must clearly state the required time of delivery or performance in each 
MIPR, taking into consideration the normal administrative lead time of 
the particular commodity. Delivery and performance schedules on MIPRs 
must be realistic (see FAR 12.1). If the acquiring department cannot 
accept the delivery schedule in the MIPR, the acquiring department will 
note that on DD Form 448-2, Acceptance of MIPR. Changes in the requested 
delivery schedule must be made by MIPR amendment.
    (B) When a short delivery schedule is mandatory, the requiring 
department shall mark the MIPR ``URGENT'' in bold letters and provide 
justification for the marking.
    (ii) Requiring activities must provide MILSTRIP requisition data 
prescribed in appendix B of the MILSTRIP Manual for each line item which 
is to be delivered to each ``ship to'' address. Repetitive data 
applicable to all lines on the MIPR may be overprinted.
    (iii) The requiring activity will furnish estimated weight, cube, 
and dimensions for each line item or a statement explaining why these 
data are not available.
    (iv) The requiring activity shall include the name and telephone 
number of an individual who is thoroughly familiar with the MIPR, its 
attachments, and technical requirements.
    (v) Prepare attachments to MIPRs in sufficient numbers so that each 
copy of a MIPR submitted to the acquiring department is complete with a 
copy of all attachments. ``Ship To and Mark For'' addresses in shipping 
instructions must include the clear text identification and DoDAAD code 
if assigned.
    (5) Block 12--transportation allotment. Enter allotment data for 
transportation of supplies at Government expense if appropriate.
    (6) Block 13--mail invoices to. Use this block to identify the name 
and address of the office to receive invoices and make payment. (i) 
Complete the block only if--
    (A) The resulting contract is not to be paid by the Defense Contract 
Management Command or the Defense Finance Center; and
    (B) The office to receive invoices and make payment is known at the 
time of preparation of the MIPR.
    (ii) If payment is to be made by an office designated to receive 
invoices, also enter the DoDAAD code of that office.
    (iii) If payment is to be made by an office other than the office to 
which the invoice is to be mailed, include the name, address, and DoDAAD 
code of the payment office as an attachment to the MIPR.
    (iv) If multiple offices are to receive invoices and make payment, 
include the names and addresses of those offices as an attachment to the 
MIPR. Also include the DoDAAD code of each payment office.

[[Page 173]]

    (v) Whenever the payment office is included in an attachment, 
include a reference to the attachment in this block.
    (vi) If the names and addresses of invoicing and payment offices are 
provided the acquiring department after submission of the MIPR, the 
requiring department also must provide the DoDAAD code for each payment 
office.
    (7) Block 14. Enter allotment data for the acquisition of supplies. 
Enter each citation in Item 14 in the appropriate space as follows--
    (i) Accounting classification reference number (ACRN). If the ACRN 
procedures of 204.7108 are used in the MIPR to relate allotment data to 
the MIPR item or delivery, enter the ACRN for each fund citation. (The 
acquiring department, when preparing the contract, is not required to 
use the ACRN assigned to a fund citation in the MIPR.)
    (ii) Appropriation. Enter the ten positions as follows:
    (A) First and second--Treasury Department number identifying the 
department or agency to which the appropriation applies or has been 
transferred.
    (B) Third and fourth--Treasury Department number identifying the 
department or agency from which an appropriation has been transferred; 
leave blank if no transfer is involved.
    (C) Fifth and sixth--Identify the appropriation fiscal year. For 
multiple-year appropriations, the fifth position shall be the last digit 
of the first year of availability, and the sixth position shall be the 
last digit of the final year of availability. For annual appropriations, 
the fifth position shall be blank, and the sixth position shall be the 
last digit of the fiscal year. For no-year (continuing) appropriations, 
the fifth position shall be blank, and the sixth position shall be 
``X.''
    (D) Seventh through tenth--Treasury Department appropriation serial 
number.
    (iii) Limit/Subhead. Up to four characters; if less than four 
characters, leave empty spaces blank.
    (iv) Supplemental accounting classification data. Not to exceed 36 
characters. Enter in accordance with departmental or agency regulations.
    (v) Accounting station. Enter the six character DoDAAD code of the 
accounting station (not used with Navy and Marine Corps funds).
    (vi) Amount. Enter the amount for each fund citation if more than 
one allotment is cited.
    (vii) Additional citations. If space is required for additional fund 
citations, include as an attachment and reference the attachment on the 
form.
    (d) When preparing a MIPR amendment, always fill out the basic 
information in Blocks 1 through 8. Fill out only those other blocks 
which vary from the data shown on the basic MIPR or a prior amendment. 
Insert ``n/c'' in items where there is no change.
    (e) Change of a disbursing office cited on a DoD funded MIPR does 
not require a MIPR amendment when the resultant contract is assigned for 
administration to the Defense Contract Management Command. The 
administrative contracting office may issue an administrative change 
order, copies of which will be provided to the contracting officer for 
transmittal to the requiring activity.



Sec. 253.208-2  DD Form 448-2, Acceptance of MIPR.

    (a) Use the DD Form 448-2 as prescribed in subpart 208.70.
    (b) Instructions for completion of DD Form 448-2. (Complete only the 
applicable blocks.) (1) Block 6. Check the specific terms under which 
the MIPR is being accepted.
    (2) Block 7. If any one of the MIPR line items is not accepted, 
check Block 7 and record the affected MIPR line item number and reason 
in Block 13.
    (3) Blocks 8 and 9. Use Blocks 8 and 9 only--
    (i) When Block 6c acceptance is indicated (indicate the MIPR line 
item numbers that will be provided under each method of financing in 
Blocks 8a and 9a, respectively); or
    (ii) If quantities or estimated costs cited in a MIPR require 
adjustment (list the affected MIPR line item numbers together with the 
adjusted quantities or estimated costs in the columns provided under 
Blocks 8 and 9, as appropriate).

[[Page 174]]

    (4) Block 10. Whenever a MIPR is accepted in part or in total under 
Category II funding, forecast the estimated date of contract award.
    (5) Block 11. Enter the total amount of funds required to fund the 
MIPR items, as accepted.
    (6) Block 12. (i) Complete this block only in those cases where the 
amount recorded in Block 11 is not in agreement with the amount recorded 
in Block 5. This will serve either--
    (A) As a request to the requiring department to issue a MIPR 
amendment to provide the additional funds; or
    (B) Authority for the requiring department to withdraw the available 
excess funds.
    (ii) When funds of two or more appropriations are involved, provide 
proper breakdown information in Block 13.
    (7) Block 13. Use this block to record--
    (i) Justification, by MIPR line item, for any additional funds 
required;
    (ii) Explanation for rejection of MIPR whether in part or in total;
    (iii) Appropriation and subhead data cited on the MIPR; and
    (iv) Other pertinent data.
    (c) Complete a DD Form 448-2 for all MIPR amendments involving an 
adjustment of funds or delivery schedule, or if requested by the 
requiring department.
    (d) Unless otherwise agreed, provide the requiring department an 
original and three copies of each DD Form 448-2.
253.209  Contractor qualifications.



Sec. 253.209-1  Responsible prospective contractors.

    (a) SF 1403, Preaward Survey of Prospective Contractor (General). 
(i) The factors in Section III, Block 19, generally mean--
    (A) Technical capability. An assessment of the prospective 
contractor's key management personnel to determine if they have the 
basic technical knowledge, experience, and understanding of the 
requirements necessary to produce the required product or provide the 
required service.
    (B) Production capability. An evaluation of the prospective 
contractor's ability to plan, control, and integrate manpower, 
facilities, and other resources necessary for successful contract 
completion. This includes--
    (1) An assessment of the prospective contractor's possession of, or 
the ability to acquire, the necessary facilities, material, equipment, 
and labor; and
    (2) A determination that the prospective contractor's system 
provides for timely placement of orders and for vendor follow-up and 
control.
    (C) Quality assurance capability. An assessment of the prospective 
contractor's capability to meet the quality assurance requirements of 
the proposed contract. It may involve an evaluation of the prospective 
contractor's quality assurance system, personnel, facilities, and 
equipment.
    (D) Financial capability. A determination that the prospective 
contractor has or can get adequate financial resources to obtain needed 
facilities, equipment, materials, etc.
    (E) Accounting system and related internal controls. An assessment 
by the auditor of the adequacy of the prospective contractor's 
accounting system and related internal controls as defined in 242.7501, 
Definition. Normally, a contracting officer will request an accounting 
system review when soliciting and awarding cost-reimbursement or 
incentive type contracts, or contracts which provide for progress 
payments based on costs or on a percentage or stage of completion.
    (ii) The factors in section III, Block 20, generally mean--
    (A) Government property control. An assessment of the prospective 
contractor's capability to manage and control Government property.
    (B) Transportation. An assessment of the prospective contractor's 
capability to follow the laws and regulations applicable to the movement 
of Government material, or overweight, oversized, hazardous cargo, etc.
    (C) Packaging. An assessment of the prospective contractor's ability 
to meet all contractual packaging requirements including preservation, 
unit pack, packing, marking, and unitizing for shipment.
    (D) Security clearance. A determination that the prospective 
contractor's facility security clearance is adequate and current. (When 
checked, the surveying activity will refer this factor to

[[Page 175]]

the Defense Investigative Service (DIS)).
    (E) Plant safety. An assessment of the prospective contractor's 
ability to meet the safety requirements in the solicitation.
    (F) Environmental/energy consideration. An evaluation of the 
prospective contractor's ability to meet specific environmental and 
energy requirements in the solicitation.
    (G) Flight operations and flight safety. An evaluation of the 
prospective contractor's ability to meet flight operation and flight 
safety requirements on solicitations involving the overhaul and repair 
of aircraft.
    (H) Other. If the contracting officer wants an assessment of other 
than major factors A-E and other factors A-G, check this factor. Explain 
the desired information in the Remarks sections.

[56 FR 36554, July 31, 1991, as amended at 60 FR 29504, June 5, 1995]



Sec. 253.213  Small purchase and other simplified purchase procedures (SF's 18, 30, 44, 1165, OF's 347, 348).

    (e) OF 347 (10/83), Order for Supplies or Services, and OF 348 (10/
83), Order for Supplies or Services-Schedule Continuation. DoD uses the 
DD Form 1155, Order for Supplies or Services, instead of OF 347. DoD 
uses Optional Form 336, Continuation Sheet, instead of OF 348.
    (i) Use the DD Form 1155 as prescribed in 213.505-2(b) and in 
accordance with the instructions at 253.213-70.
    (ii) Use the OF 336, or a sheet of paper, as a continuation sheet 
for the DD Form 1155. Continuation sheets may be printed on the reverse 
of the DD Form 1155.
    (iii) DD Form 1155c-1, Order for Supplies or Services (Commissary 
Continuation Sheet) may be used for commissary acquisitions.



Sec. 253.213-70  Instructions for completion of DD Form 1155.

    (a) These instructions are mandatory if--
    (1) Contract administration has been assigned outside the purchasing 
office; or
    (2) The contractor is located in the continental United States or 
Canada.
    (b) The entity codes (address codes) referenced in this subsection 
are codes published in--
    (1) DoD Activity Address Directory (DODAAD), DoD 4000.25-6-M. 
    (2) Military Assistance Program Address Directory System (MAPAD), 
DoD 4000.25-8-M.
    (3) Commercial and Government Entity (CAGE) Codes Handbook H4/H8.
    (c) For orders requiring payment in Canadian currency--
    (1) State the contract price in terms of Canadian dollars, followed 
by the initials CN; e.g., $1,647.23CN.
    (2) Indicate on the face of the order--
    (i) The U.S./Canadian conversion rate in effect at the time of the 
award; and
    (ii) The U.S. dollar equivalent of the Canadian dollar amount.
    (d) When the DD Form 1155 includes FMS requirements, clearly mark 
FMS requirement on its face. Specify within the order each FMS case 
identifier code by line or subline item number.
    (e) Instructions for DD Form 1155 entries. (Instructions apply to 
both purchase orders and delivery orders, except Block 2, which applies 
only to delivery orders, and Block 12, which applies only to purchase 
orders.)

                                  Block

                      1  Contract/Purch Order No.--

    Enter the Procurement Instrument Identification (PII) number and, 
when applicable, the supplementary identification number for contracts 
and purchase orders as prescribed in subpart 204.70.

                         2  Delivery Order No.--

    Enter PII number for delivery orders, when applicable, as prescribed 
in subpart 204.70.

                           3  Date of Order--

    Enter the two position numeric year, three position alpha month, and 
two position numeric day.

                   4  Requisition/Purch Request No.--

    Enter the number authorizing the purchase. When the number differs 
by line item, list it in the schedule and annotate this block, ``see 
schedule.''

                              5  Priority--

    Enter the appropriate Program Identification Code as identified in 
Schedule I to the Defense Priorities and Allocations System Regulation.

[[Page 176]]

                             6  Issued by--

    Enter the name and address of the issuing office. In the code block, 
enter the DODAAD code for the issuing office. Directly below the 
address, enter: Buyer/Symbol: followed by the buyer's name and routing 
symbol. Directly below the buyer/symbol, enter: Phone: followed by the 
buyer's phone number and extension.

                          7  Administered by--

    Enter the name and address of the contract administration activity. 
On purchase orders retained by purchasing offices for administration, 
mark this block, ``see block 6.'' Enter in the code block the DODAAD 
code of the contract administration activity. In the lower right or 
left-hand corner, enter the criticality designator code from FAR 
42.1105.

                            8  Delivery FOB--

    Check the applicable box.

                             9  Contractor--

    (i) Enter the full business name and address of the contractor. 
Enter in the first code block, the CAGE code of the contractor.
    (ii) If it is known that all the work covered by the order is to be 
performed at an address different from the address represented by the 
contractor's code, and any contract administration function will be 
required at that facility, enter in the facility code block the 
organizational entity code for that facility, i.e., H8-1/H8-2 code for a 
non-Government entity or DODAAD code for a Government entity. (Use 
DODAAD codes only to indicate ``performed at'' locations for orders 
specifying services at a Government location.) If it is known that 
multiple facilities are involved, enter the codes for all facilities at 
which work is to be performed, including the contractor's code if work 
is performed at that address, in the Optional Form 336 Continuation 
Sheet and mark the facility code block with ``see schedule.''

                  10  Deliver to FOB Point by (Date)--

    If a single date of delivery applies to the entire order, enter date 
in this block. List multiple delivery dates in the schedule and mark 
this block ``see schedule.''

                         11  Mark if Business--

    Check all applicable blocks.

                          12  Discount Terms--

    Enter the discount for prompt payment in terms of percentages and 
corresponding days. Express the percentages in whole numbers and 
decimals, e.g., 3.25%--10 days; 0.50%--20 days.

                         13  Mail Invoices to--

    Enter a reference to the block number containing the address to 
which invoices are to be mailed. When not in Blocks 6, 7, 14, or 15, 
insert in Block 13, ``see schedule.''

                              14  Ship to--

    If a single ship-to point applies to the entire order, enter the 
name and address of that point in this block and a DODAAD code in the 
code block. For FMS shipments, enter the MAPAD code in the code block 
and an instruction for the contractor to contact the transportation 
office of the administering activity to obtain a name and shipping 
address. Enter multiple ship-to points in the schedule and mark this 
block, ``See Schedule.''

                      15  Payment Will be Made by--

    Enter the name and address of the activity making payment. Enter in 
the code block, the DODAAD code of the paying activity.

                           16  Type of Order--

    Check the appropriate box. If a purchase order:
    (i) Identify the type of quotation, i.e., oral, letter or TWX, on 
which the order is based.
    (ii) Check the box when acceptance of the purchase order is required 
and enter the number of copies of the order to be returned to the 
issuing office.

            17  Accounting and Appropriation Data/Local Use--

    Enter the accounting classification and the accounting 
classification reference number(s) in accordance with 204.7108.

                                  Block

                             18  Item No.--

    Enter an item number for each item of supply or service in 
accordance with subpart 204.71.

                   19  Schedule of Supplies/Services--

    The schedule contains several elements of data. The order and 
arrangement of data in the schedule is mandatory for purchase and 
delivery orders assigned to DCMC or the military departments for 
administration and is encouraged for all orders.
    (1) National Stock Number (NSN)--
    Total item quantity for the line or subline item number followed by 
the appropriate national stock number or the word ``none'' if an NSN has 
not been assigned. On the same line and adjacent to NSN, enter the words 
``Total Item Quantity.'' This phrase is used in conjunction with the 
total quantity, unit of issue, unit price, and dollar amount of the 
stock number or item cited (see entries for Blocks 20, 21, 22, and 23).

[[Page 177]]

    (2) Item Identification--
    Enter first the most descriptive noun or verb of the supplies or 
services to be furnished, supplemented by additional description as 
prescribed in FAR part 10. If multiple accounting classifications apply 
to the contract, enter the accounting classification reference number.
    (3) Quantity Variance--
    Enter the quantity variance permitted for the line item in terms of 
percentages, indicating whether the percentage is plus or minus and if 
applicable to each destination.
    (4) Inspection/Acceptance--
    Enter the point at which inspection/acceptance will take place.
    (5) Preservation and Packaging--
    Enter the preservation requirements for the item described. These 
requirements may be expressed in terms of MIL-STD-2073-1, DoD Material 
Procedures for Development and Application of Packaging Requirements, 
and MIL-STD-2073-2, Packaging Requirements, codes. They may also be 
expressed by reference to applicable specifications.
    (6) Packing--
    When required, enter the packing level designator and specification, 
standard, or document in which the requirements are stated or state the 
specific requirements.
    (7) Unitization--
    When desired by the requiring activity, a requirement for cargo 
unitization for a particular destination should be specified for 
shipments involving two or more shipping containers having an aggregate 
total of not less than 20 cubic feet or 200 pounds.
    (8) Ship To--
    Enter the DODAAD or MILSCAP H8-1/H8-2 (cage) as appropriate for the 
entity code of the ship-to point on the first line and the corresponding 
name and address on succeeding lines. If multiple accounting 
classifications apply to the same line or subline item, enter the 
accounting classification reference number. When several items are to be 
shipped to the same point, the code will be listed; but it will not be 
necessary to repeat the address.
    (9) Delivery Date--
    When multiple delivery dates apply, enter the required date of 
delivery on the same line with ship-to code.
    (10) Mark For--
    Enter the DODAAD or MILSCAP H8-1/H8-2 (cage) as appropriate for the 
entity code on the first line and name and address of the ultimate 
recipient of the supplies and services on succeeding lines.

                     20  Quantity Ordered/Accepted--

    Enter the total quantity ordered for the line item. If applicable, 
enter the breakdown on quantities for each ship-to point within the line 
item.

                               21  Unit--

    Enter the unit of measure applicable to the line item.

                            22  Unit Price--

    Enter the unit price applicable to the line item.

                              23  Amount--

    Enter the extended dollar amount (quantity x unit price) for each 
line item.

                   24  Contracting/Ordering Officer--

    Enter the contracting/ordering officer's signature.

                           25  Total Amount--

    Enter the total dollar amount for all line items on the order.

     26 thru 42  These blocks are used in the receiving and payment 
     functions. Procedures for making entries are prescribed by the 
                         respective departments.

[56 FR 36554, July 31, 1991, as amended at 61 FR 7751, Feb. 29, 1996]
253.215  Contracting by negotiation.



Sec. 253.215-70  DD Form 1547, Record of Weighted Guidelines Application.

    (a) Use the DD Form 1547 as prescribed in 215.970.
    (b) General instructions. (1) Report amounts as they relate to the 
price of the contract action without regard to funding status (e.g., 
amounts obligated).
    (2) Express all dollar values to the nearest whole value (e.g., 
$200,008.55=$200,009).
    (3) Express all percentages to the nearest hundredth or thousandth 
as appropriate (e.g., interest rate--8.25% or 8.257%).
    (4) If the contracting office is exempt from reporting to the DoD 
management information system on profit and fee statistics (see 
215.975), do not complete Blocks 1, 4, 5, 6, 7, 8, 9, 10, 11, or 12.
    (5) Report an option amount for additional quantities as a separate 
contract action when exercised.
    (6) Even though fixed-price type contract actions are negotiated on 
the basis of total price, prepare the negotiation summary portion of the 
DD Form 1547 showing the contracting officer's best estimates of cost 
and profit.

[[Page 178]]

    (7) Ensure compliance with 215.871-5.
    (8) For indefinite delivery-type contracts, prepare a consolidated 
DD Form 1547 for annual requirements expected to exceed $500,000.
    (9) Prepare a consolidated DD Form 1547, if possible, when multiple 
profit rates apply to a single negotiation.
    (c) Specific instructions for completion of DD Form 1547--(1) Block 
1--report no. Enter the four-digit local control number followed by a 
dash and the last two digits of the fiscal year (e.g., 0004-90 for 4th 
action in fiscal year 1990). Each field contracting office participating 
in profit reporting shall establish a control system for consecutively 
numbering completed DD Forms 1547. Always start with 0001 at the 
beginning of each fiscal year and always use four digits. This number 
will identify the specific DD Form 1547 in DoD's management information 
system and will be used for follow-up actions.
    (2) Block 2--basic procurement instrument identification no. Enter 
the identifying contract number assigned per 204.70 (Block B1A of the DD 
350).
    (3) Block 3--SPIIN. Enter the supplemental procurement instrument 
identification number for supplemental agreements or other 
modifications, assigned per 204.70, (Block B2 of the DD 350).
    (4) Block 4--date of action--(i) Year. Enter the last two digits of 
the year the action was negotiated (e.g., 90 for 1990).
    (ii) Month. Enter the two digit number for the month the action was 
negotiated (e.g., 09 for September).
    (5) Block 5--contracting office code. Enter the code assigned the 
contracting office per DoD Procurement Coding Manual, Volume III, (Block 
A3 of the DD 350).
    (6) Block 6--name of contractor. Enter the contractor's name 
(including division name), (Block B5D of the DD 350).
    (7) Block 7--DUNS number. Enter the contractor establishment code 
number, (Block B5A of the DD 350).
    (8) Block 8--federal supply code. Enter the code used in Block B12A 
of the DD 350.
    (9) Block 9--DOD claimant program. Enter the code used in Block B12B 
of the DD 350.
    (10) Block 10--contract type code. Enter the appropriate code--

------------------------------------------------------------------------
                  Description                             Code          
------------------------------------------------------------------------
FPR (all types)...............................  A                       
FPI (all types)...............................  L                       
FFP...........................................  J                       
FP(E).........................................  K                       
CPFF..........................................  U                       
CPIF (all types)..............................  V                       
------------------------------------------------------------------------

    (11) Block 11--type effort. Enter the appropriate code--

------------------------------------------------------------------------
                           Description                             Code 
------------------------------------------------------------------------
Manufacturing...................................................       1
Research and Development........................................       2
Services........................................................       3
------------------------------------------------------------------------

    (12) Block 12--use code. Enter the appropriate code for use of the 
weighted guidelines method--

------------------------------------------------------------------------
                           Description                             Code 
------------------------------------------------------------------------
Standard weighted guidelines method (215.971)...................       2
  Alternate performance risk, no facilities employed (215.971-          
   2(c)(2)).....................................................       1
  Alternate facilities capital employed (215.971-4(c)(2)).......       3
Alternate structured approach (215.973).........................       4
Modified weighted guidelines approach (215.972).................       5
------------------------------------------------------------------------

    (13) Blocks 13 through 20--cost category objective. Enter the 
prenegotiation objectives. Include contractor independent research and 
development/bid and proposal in the general and administrative expenses 
in Block 19.
    (14) Blocks 21 through 29--weighted guidelines profit factors. Enter 
the amounts determined in 215.971 or 215.972. This section is not 
required to be completed when using an alternate structured approach 
(215.973).
    (15) Block 30--total profit objective. Enter the total of Blocks 24, 
25, 26, 28, and 29. This section is not required to be completed when 
using an alternate structured approach (215.973).
    (16) Blocks 31 through 35--negotiation summary. Complete as 
indicated on the form. For fixed-price type contracts negotiated on a 
total price basis, enter the contracting officer's best estimates of 
cost and profit. When using an alternate structured approach, see 
215.973(b)(2) for offsets.
    (17) Blocks 36 through 39--contracting officer approval. The 
contracting officer shall sign the form. Include a complete (with area 
code) commercial telephone

[[Page 179]]

number to facilitate any follow-up actions.
    (18) Blocks 96 through 99--optional use. Complete in accordance with 
department/agency procedures, if any.

    Note: Department of Defense Acquisition Forms are not published in 
the Federal Register or the Code of Federal Regulations. For the 
convenience of the user, the list set forth below includes section 
numbers, form numbers, and titles.

253.303-250  Material Inspection and Receiving Report.
253.303-250c  Material Inspection and Receiving Report-Continuation 
          Sheet.
253.303-250-1  Tanker/Barge Material Inspection and Receiving Report.
253.303-350  Individual Contracting Action Report.
253.303-375  Production Progress Report.
253.303-375c  Production Progress Report (Continuation).
253.303-375-2  Delay in Delivery.
253.303-416  Purchase Request for Coal, Coke or Briquettes.
253.303-428  Communication Service Authorization.
253.303-448  Military Interdepartmental Purchase Request.
253.303-448-2  Acceptance of MIPR.
253.303-879  Statement of Compliance.
253.303-882  Report of Inventions and Subcontracts.
253.303-1057  Monthly Contracting Summary of Actions $25,000 or Less.
253.303-1114  Instructions for Use of Contract Termination Settlement 
          and Inventory Schedule Forms.
253.303-1131  Cash Collection Voucher.
253.303-1149  Requisition and Invoice/Shipping Document.
253.303-1155  Order for Supplies or Services.
253.303-1155c-1  Order for Supplies or Services (Commissary Continuation 
          Sheet).
253.303-1342  Property Record.
253.303-1348  Single Line Item Requisition System Document (Manual).
253.303-1348m  Single Line Item Requisition System Document 
          (Mechanical).
253.303-1348-1  Single Line Item Release/Receipt Document.
253.303-1384  Transportation Control and Movement Document.
253.303-1391  FY 19____ Military Construction Project Data.
253.303-1419  Industrial Plant Equipment Requisition.
253.303-1423  Contract Data Requirements List.
253.303-1423-1  Contract Data Requirements List (1 Data Item).
253.303-1423-2  Contract Data Requirements List (2 Data Items).
243.303-1425  Specifications and Standards Requisition.
253.303-1484  Post-Award Conference Record.
253.303-1507  Work Stoppage Report.
253.303-1513  United States Department of Defense Offer and Acceptance.
253.303-1535  Request/Approval for Authority to Advertise.
253.303-1547  Record of Weighted Guidelines Application.
253.303-1568  Labor Standards Investigation Summary Sheet.
253.303-1592  Contract Cross Reference Data.
253.303-1593  Contract Administration Completion Record.
253.303-1594  Contract Completion Statement.
253.303-1597  Contract Closeout Check-List.
253.303-1598  Contract Termination Status Report.
253.303-1635  Plant Clearance Case Register.
253.303-1637  Notice of Acceptance of Inventory Schedules.
253.303-1638  Report of Disposition of Contractor Inventory.
253.303-1639  Scrap Warranty.
253.303-1640  Request for Plant Clearance.
253.303-1641  Disposal Determination Approval.
253.303-1651  Industrial Equipment Modernization Program Post Analysis 
          Report.
253.303-1653  Transportation Data for Solicitations.
253.303-1654  Evaluation of Transportation Cost Factors.
253.303-1659  Application for U.S. Government Shipping Documentation/
          Instructions.
253.303-1662  Property in the Custody of Contractors.
253.303-1664  Data Item Description.
253.303-1707  Information to Offerors or Quoters.
253.303-1851  Automation Equipment Requirement.
253.303-1861  Contract Facilities Capital Cost of Money.
253.303-1921  Cost Data Summary Report.
253.303-1921-1  Functional Cost-Hour Report.
253.303-2025  Packaging Change Recommendation/Approval.
253.303-2051  Request for Assignment of a Commercial and Government 
          Entity (CAGE) Code.
253.303-2051-1  Request for Information/Verification of Commercial and 
          Government Entity (CAGE) Code.
253.303-2139  Report of Contract Performance Outside the United States.
253.303-2222  Short Form Research Contract (SFRC) Modification.
253.303-2222-1  Representations and Certifications from Offerors 
          Submitting Proposals Under DFARS 35.70.
253.303-2222-2  Short Form Research Contract Research Proposal Cover 
          Page.
253.303-2579  Small Business Coordination Record.

[[Page 180]]

253.303-2626  Performance Evaluation (Construction).
253.303-2631  Performance Evaluation (Architect-Engineer).

[56 FR 36554, July 31, 1991, as amended at 59 FR 27677, 27678, May 27, 
1994; 60 FR 29504, June 5, 1995; 61 FR 7751, Feb. 29, 1996; 61 FR 18195, 
Apr. 24, 1996; 61 FR 51043, Sept. 30, 1996]

[[Page 181]]



             SUBCHAPTER I--AGENCY SUPPLEMENTARY REGULATIONS



          Appendix A--Armed Services Board of Contract Appeals

Sec.
Part 1--Charter
Part 2--Rules

    Authority; 41 U.S.C. 421 and 48 CFR chapter 1.

                Armed Services Board of Contract Appeals

Approved 1 May 1962.
Revised 1 May 1969.
Revised 1 September 1973.
Revised 1 July 1979.

                             Part 1--Charter

    1. There is created the Armed Services Board of Contract Appeals 
which is hereby designated as the authorized representative of the 
Secretary of Defense, the Secretary of the Army, the Secretary of the 
Navy and the Secretary of the Air Force, in hearing, considering and 
determining appeals by contractors from decisions of contracting 
officers or their authorized representatives or other authorities on 
disputed questions. These appeals may be taken (a) pursuant to the 
Contract Disputes Act of 1978 (41 U.S.C. Sec. 601, et seq.), (b) 
pursuant to the provisions of contracts requiring the decision by the 
Secretary of Defense or by a Secretary of a Military Department or their 
duly authorized representative or board, or (c) pursuant to the 
provisions of any directive whereby the Secretary of Defense or the 
Secretary of a Military Department has granted a right of appeal not 
contained in the contract on any matter consistent with the contract 
appeals procedure. The Board may determine contract disputes for other 
departments and agencies by agreement. The Board shall operate under 
general policies established or approved by the Under Secretary of 
Defense (Research and Engineering).
    2. Membership of the Board shall consist of attorneys at law who 
have been qualified in the manner prescribed by the Contract Disputes 
Act of 1978. Members of the Board are hereby designated Administrative 
Judges. There shall be appointed from members of the Board a chairman 
and two or more vice-chairmen. Appointment of the chairman and vice-
chairmen and other members of the Board shall be made by the Under 
Secretary of Defense (Research and Engineering) and the Assistant 
Secretaries of the Military Departments responsible for procurement. The 
chairman and vice-chairmen shall serve in that capacity for a two-year 
term unless sooner removed or reappointed for an additional term or 
terms. The Under Secretary will also designate the order in which the 
vice-chairmen will act for the chairman in his absence. In the absence 
of a vice-chairman, the chairman or acting chairman may designate a 
member of the Board to serve as a temporary vice-chairman.
    3. It shall be the duty and obligation of the members of the Armed 
Services Board of Contract Appeals to decide appeals on the record of 
the appeal to the best of their knowledge and ability in accordance with 
applicable contract provisions and in accordance with law and regulation 
pertinent thereto.
    4. The chairman of the Board shall be responsible for establishing 
appropriate divisions of the Board to provide for the most effective and 
expeditous handling of appeals. He shall be reponsible for assigning 
appeals to the divisions for decision without regard to the military 
department or other procuring agency which entered into the contract. A 
division may consist of one or more members of the Board. The chairman 
shall designate one member of each division as the division head. The 
division heads and the chairman and vice-chairmen shall constitute the 
senior deciding group of the Board. A majority of the members of a 
division or of the senior deciding group shall constitute a quorum for 
the transaction of the business of each, respectively. Decisions of the 
Board shall be by majority vote of the members of a division 
participating and the chairman and a vice-chairman, unless the chairman 
refers the appeal for decision by the senior deciding group. The 
decision of the Board in cases so referred to the senior deciding group 
shall be by majority vote of the participating members of that group. 
The chairman may refer an appeal of unusual difficulty, significant 
precedential importance, or serious dispute within the normal decision 
process for decision by the senior deciding group. An appeal involving 
$50,000 or less may be decided by a single member or fewer members of 
the Board than hereinbefore provided for cases of unlimited dollar 
amount, under accelerated or expedited procedures as provided in the 
Rules of the Board and the Contract Disputes Act of 1978.
    5. The Board shall have all powers necessary and incident to the 
proper performance of its duties. Subject to the approval of the Under 
Secretary of Defense (Research and Engineering) and the Assistant 
Secretaries of the Military Departments responsible for procurement, the 
Board shall adopt its own methods of procedure, and rules and 
regulations for its conduct and for the preparation and presentation of 
appeals and issuance of opinions. The Military Departments and other 
procuring agencies shall provide

[[Page 182]]

legal personnel to prepare and present the contentions of the 
departments or agencies in relation to appeals filed with the Board. It 
shall not be necessary for the Board, unless it otherwise desires, to 
communicate with more than one trial attorney in each of the departments 
or agencies concerning the preparation and presentation of appeals and 
the obtaining of all records deemed by the Board to be pertinent 
thereto.
    6. Any member of the Board or any examiner, designated by the 
chairman, shall be authorized to hold hearings, examine witnesses, and 
receive evidence and argument for consideration and determination of the 
appeal by the designated division. A member of the Board shall have 
authority to administer oaths and issue subpoenas as specified in 
section 11 of the Contract Disputes Act of 1978. The chairman may 
request orders of the court in cases of contumacy or refusal to obey a 
subpoena in the manner prescribed in that section.
    7. The chairman shall be responsible for the internal organization 
of the Board and for its administration. He shall provide within 
approved ceilings for the staffing of the Board with non-member 
personnel, including hearing examiners, as may be required for the 
performance of the functions of the Board. The chairman shall appoint a 
recorder of the Board. Such personnel shall be responsible to and shall 
function under the direction, supervision and control of the chairman.
    8. The Board will be serviced by the Department of the Army for 
administrative support for its operations as required. Administrative 
support will include budgeting, funding, fiscal control, manpower 
control and utilization, personnel administration, security 
administration, supplies, and other administrative services. The 
Departments of the Army, Navy, Air Force and the Office of the Secretary 
of Defense will participate in financing the Board's operations on an 
equal basis and to the extent determined by the Assistant Secretary of 
Defense (Comptroller). The cost of processing appeals for departments 
and agencies other than those in the Department of Defense will be 
reimbursed.
    9. The chairman of the Board will furnish the Secretary of Defense 
and to the Secretaries of the Military Departments by October 31 of each 
year a report containing an account of the Board's transactions and 
proceedings for the preceding fiscal year. Within 30 days following the 
close of a calendar quarter, the chairman shall forward a report of the 
Board's proceedings for the quarter to the Under Secretary of Defense 
(Research and Engineering), the Assistant Secretaries of the Military 
Departments responsible for procurement, and to the Director of the 
Defense Logistics Agency. Such reports shall disclose the number of 
appeals received, cases heard, opinions rendered, current reserve of 
pending matters, and such other information as may be required.
    10. The Board shall have a seal bearing the following inscription: 
``Armed Services Board of Contract Appeals.'' This seal shall be affixed 
to all authentications of copies of records and to such other 
instruments as the Board may determine.
    11. This revised charter is effective April 21, 1980.

    Approved:

W. Graham Claytor, Jr.
Deputy Secretary of Defense
Clifford L. Alexander, Jr.
Secretary of the Army
E. Hidalgo
Secretary of the Navy
Hans M. Mark
Secretary of the Air Force

                              Part 2--Rules

Approved 15 July 1963.
Revised 1 May 1969.
Revised 1 September 1973.
Revised 30 June 1980.

                                 Preface

                 I. Jurisdiction for Considering Appeals

    The Armed Services Board of Contract Appeals (referred to herein as 
the Board) shall consider and determine appeals from decisions of 
contracting officers pursuant to the Contract Disputes Act of 1978 Pub. 
L. 95-563, 41 U.S.C. 601-613) relating to contracts made by (i) the 
Departments of Defense, Army, Navy and Air Force or (ii) any other 
executive agency when such agency or the Administrator for Federal 
Procurement Policy has designated the Board to decide the appeal.

               II. Location and Organization of the Board

    (a) The Board's address is Skyline Six, 5109 Leesburg Pike, 7th 
Floor, Falls Church, VA 22041, telephone (202) 756-8500 (receptionist), 
756-8502 (recorder).
    (b) The Board consists of a chairman, two or more vice chairmen, and 
other members, all of whom are attorneys at law duly licensed by a 
state, commonwealth, territory, or the District of Columbia. Board 
members are designated Administrative Judges.
    (c) There are a number of divisions of the Armed Services Board of 
Contract Appeals, established by the Chairman of the Board in such 
manner as to provide for the most effective and expeditious handling of 
appeals. The Chairman and a Vice Chairman of the Board act as members of 
each division. Appeals are assigned to the divisions for decision 
without regard to the military department or other procuring agency 
which entered into the contract involved. Hearing may be held by a 
designated member (Administrative Judge), or by a duly authorized 
examiner. Except for

[[Page 183]]

appeals processed under the expedited or accelerated procedure, the 
decision of a majority of a division constitutes the decision of the 
Board, unless the chairman refers the appeal to the Board's Senior 
Deciding Group (consisting of the chairman, vice chairmen and all 
division heads), in which event a decision of a majority of that group 
constitutes the decision of the Board. Appeals referred to the Senior 
Deciding Group are those of unusual difficulty, significant precedential 
importance, or serious dispute within the normal division decision 
process. For decisions of appeals processed under the expedited or 
accelerated procedure, see rules 12.2(c) and 12.3(b).

                         Preliminary Procedures

    1. Appeals, How Taken. (a) Notice of an appeal shall be in writing 
and mailed or otherwise furnished to the Board within 90 days from the 
date of receipt of a contracting officer's decision. A copy thereof 
shall be furnished to the contracting officer from whose decision the 
appeal is taken.
    (b) Where the contractor has submitted a claim of $50,000 or less to 
the contracting officer and has requested a written decision within 60 
days from receipt of the request, and the contracting officer has not 
done so, the contractor may file a notice of appeal as provided in 
subparagraph (a) above, citing the failure of the contracting officer to 
issue a decision.
    (c) Where the contractor has submitted a properly certified claim 
over $50,000 to the contracting officer or has requested a decision by 
the contracting officer which presently involves no monetary amount 
pursuant to the Disputes clause, and the contracting officer has failed 
to issue a decision within a reasonable time, taking into account such 
factors as the size and complexity of the claim, the contractor may file 
a notice of appeal as provided in subparagraph (a) above, citing the 
failure of the contracting officer to issue a decision.
    (d) Upon docketing of appeals filed pursuant to (b) or (c) hereof, 
the Board may, at its option, stay further proceedings pending issuance 
of a final decision by the contracting officer within such period of 
time as is determined by the Board.
    (e) In lieu of filing a notice of appeal under (b) or (c) hereof, 
the contractor may request the Board to direct the contracting officer 
to issue a decision in a specified period of time, as determined by the 
Board, in the event of undue delay on the part of the contracting 
officer.
    2. Notice of Appeal, Contents of. A notice of appeal should indicate 
that an appeal is being taken and should identify the contract (by 
number), the department and/or agency involved in the dispute, the 
decision from which the appeal is taken, and the amount in dispute, if 
known. The notice of appeal should be signed personally by the appellant 
(the contractor taking the appeal), or by the appellant's duly 
authorized representative or attorney. The complaint referred to in rule 
6 may be filed with the notice of appeal, or the appellant may designate 
the notice of appeal as a complaint, if it otherwise fulfills the 
requirements of a complaint.
    3. Docketing of Appeals. When a notice of appeal in any form has 
been received by the Board, it shall be docketed promptly. Notice in 
writing shall be given to the appellant with a copy of these rules, and 
to the contracting officer.
    4. Preparation, Content, Organization, Forwarding, and Status of 
Appeal File-- (a) Duties of Contracting Officer--Within 30 days of 
receipt of an appeal, or notice that an appeal has been filed, the 
contracting officer shall assemble and transmit to the Board an appeal 
file consisting of all documents pertinent to the appeal, including:
    (1) The decision from which the appeal is taken;
    (2) The contract, including pertinent specifications, amendments, 
plans and drawings;
    (3) All correspondence between the parties relevant to the appeal, 
including the letter or letters of claim in response to which the 
decision was issued;
    (4) Transcripts of any testimony taken during the course of 
proceedings, and affidavits or statements of any witnesses on the matter 
in dispute made prior to the filing of the notice of appeal with the 
Board; and
    (5) Any additional information considered relevant to the appeal.
    Within the same time above specified the contracting officer shall 
furnish the appellant a copy of each document he transmits to the Board, 
except those in subparagraph (a)(2) above. As to the latter, a list 
furnished appellant indicating specific contractual documents 
transmitted will suffice.
    (b) Duties of the Appellant--Within 30 days after receipt of a copy 
of the appeal file assembled by the contracting officer, the appellant 
shall transmit to the Board any documents not contained therein which he 
considers relevant to the appeal, and furnish two copies of such 
documents to the government trial attorney.
    (c) Organization of Appeal File--Documents in the appeal file may be 
originals or legible facsimiles or authenticated copies, and shall be 
arranged in chronological order where practicable, numbered 
sequentially, tabbed, and indexed to identify the contents of the file.
    (d) Lengthy Documents--Upon request by either party, the Board may 
waive the requirement to furnish to the other party copies of bulky, 
lengthy, or out-of-size documents in the appeal file when inclusion 
would be burdensome. At the time a party files with the Board a document 
as to which such a waiver has been granted he shall notify the other

[[Page 184]]

party that the document or a copy is available for inspection at the 
offices of the Board or of the party filing same.
    (e) Status of Documents in Appeal File--Documents contained in the 
appeal file are considered, without further action by the parties, as 
part of the record upon which the Board will render its decision. 
However, a party may object, for reasons stated, to consideration of a 
particular document or documents reasonably in advance of hearing or, if 
there is no hearing, of settling the record. If such objection is made, 
the Board shall remove the document or documents from the appeal file 
and permit the party offering the document to move its admission as 
evidence in accordance with rules 13 and 20.
    (f) Notwithstanding the foregoing, the filing of the rule 4 (a) and 
(b) documents may be dispensed with by the Board either upon request of 
the appellant in his notice of appeal or thereafter upon stipulation of 
the parties.
    5. Motions. (a) Any motion addressed to the jurisdiction of the 
Board shall be promptly filed. Hearing on the motion shall be afforded 
on application of either party. However, the Board may defer its 
decision on the motion pending hearing on both the merits and the 
motion. The Board shall have the right at any time and on its own 
initiative to raise the issue of its jurisdiction to proceed with a 
particular case, and shall do so by an appropriate order, affording the 
parties an opportunity to be heard thereon.
    (b) The Board may entertain and rule upon other appropriate motions.
    6. Pleadings--(a) Appellant--Within 30 days after receipt of notice 
of docketing of the appeal, the appellant shall file with the Board an 
original and two copies of a complaint setting forth simple, concise and 
direct statements of each of its claims. Appellant shall also set forth 
the basis, with appropriate reference to contract provisions, of each 
claim and the dollar amount claimed, to the extent known. This pleading 
shall fulfill the generally recognized requirements of a complaint, 
although no particular form is required. Upon receipt of the complaint, 
the Board shall serve a copy of it upon the Government. Should the 
complaint not be received within 30 days, appellant's claim and appeal 
may, if in the opinion of the Board the issues before the Board are 
sufficiently defined, be deemed to set forth its complaint and the 
Government shall be so notified.
    (b) Government--Within 30 days from receipt of the complaint, or the 
aforesaid notice from the Board, the Government shall prepare and file 
with the Board an original and two copies of an answer thereto. The 
answer shall set forth simple, concise and direct statements of 
Government's defenses to each claim asserted by appellant, including any 
affirmative defenses available. Upon receipt of the answer, the Board 
shall serve a copy upon appellant. Should the answer not be received 
within 30 days, the Board may, in its discretion, enter a general denial 
on behalf of the Government, and the appellant shall be so notified.
    (c) A party who intends to raise an issue concerning the law of a 
foreign country shall give notice in his pleadings or other reasonable 
written notice. The Board, in determining foreign law, may consider any 
relevant material or source, including testimony, whether or not 
submitted by a party or admissible under Rules 11, 13 or 20. The 
determination of foreign law shall be treated as a ruling on a question 
of law.
    7. Amendments of Pleadings or Record. The Board upon its own 
initiative or upon application by a party may order a party to make a 
more definite statement of the complaint or answer, or to reply to an 
answer. The Board may, in its discretion, and within the proper scope of 
the appeal, permit either party to amend its pleading upon conditions 
fair to both parties. When issues within the proper scope of the appeal, 
but not raised by the pleadings, are tried by express or implied consent 
of the parties, or by permission of the Board, they shall be treated in 
all respects as if they had been raised therein. In such instances, 
motions to amend the pleadings to conform to the proof may be entered, 
but are not required. If evidence is objected to at a hearing on the 
ground that it is not within the issues raised by the pleadings, it may 
be admitted within the proper scope of the appeal, provided, however, 
that the objecting party may be granted a continuance if necessary to 
enable it to meet such evidence.
    8. Hearing Election. After filing of the Government's answer or 
notice from the Board that it has entered a general denial on behalf of 
the Government, each party shall advise whether it desires a hearing as 
prescribed in Rules 17 through 25, or whether it elects to submit its 
case on the record without a hearing, as prescribed in Rule 11.
    9. Prehearing Briefs. Based on an examination of the pleadings, and 
its determination of whether the arguments and authorities addressed to 
the issues are adequately set forth therein, the Board may, in its 
discretion, require the parties to submit prehearing briefs in any case 
in which a hearing has been elected pursuant to Rule 8. If the Board 
does not require prehearing briefs either party may, in its discretion 
and upon appropriate and sufficient notice to the other party, furnish a 
prehearing brief to the Board. In any case where a prehearing brief is 
submitted, it shall be furnished so as to be received by the Board at 
least 15 days prior to the date set for hearing, and a copy shall 
simultaneously be furnished to the other party as previously arranged.

[[Page 185]]

    10. Prehearing or Presubmission Conference. (a) Whether the case is 
to be submitted pursuant to Rule 11, or heard pursuant to Rules 17 
through 25, the Board may upon its own initiative, or upon the 
application of either party, arrange a telephone conference or call upon 
the parties to appear before an administrative judge or examiner of the 
Board for a conference to consider:
    (1) Simplification, clarification, or severing of the issues;
    (2) The possibility of obtaining stipulations, admissions, 
agreements and rulings on admissibility of docments, understandings on 
matters already of record, or similar agreements that will avoid 
unnecessary proof;
    (3) Agreements and rulings to facilitate discovery;
    (4) Limitation of the number of expert witnesses, or avoidance of 
similar cumulative evidence;
    (5) The possibility of agreement disposing of any or all of the 
issues in dispute; and
    (6) Such other matters as may aid in the disposition of the appeal.
    (b) The administrative judge or examiner of the Board shall make 
such rulings and orders as may be appropriate to aid in the disposition 
of the appeal. The results of pretrial conferences, including any 
rulings and orders, shall be reduced to writing by the administrative 
judge or examiner and this writing shall thereater constitute a part of 
the record.
    11. Submission Without a Hearing. Either party may elect to waive a 
hearing and to submit its case upon the record before the Board, as 
settled pursuant to Rule 13. Submission of a case without hearing does 
not relieve the parties from the necessity of proving the facts 
supporting their allegations or defenses. Affidavits, depositions, 
admissions, answers to interrogatories, and stipulations may be employed 
to supplement other documentary evidence in the Board record. The Board 
may permit such submissions to be supplemented by oral argument 
(transcribed if requested), and by briefs arranged in accordance with 
Rule 23.
    12. Optional SMALL CLAIMS (EXPEDITED) and ACCELERATED Procedures. 
These procedures are available solely at the election of the appellant.
    12.1  Elections to Utilize SMALL CLAIMS (EXPEDITED) and ACCELERATED 
Procedures. (a) In appeals where the amount in dispute is $10,000 or 
less, the appellant may elect to have the appeal processed under a SMALL 
CLAIMS (EXPEDITED) procedure requiring decision of the appeal, whenever 
possible, within 120 days after the Board receives written notice of the 
appellant's election to utilize this procedure. The details of this 
procedure appear in section 12.2 of this Rule. An appellant may elect 
the ACCELERATED procedure rather than the SMALL CLAIMS (EXPEDITED) 
procedure for any appeal eligible for the SMALL CLAIMS (EXPEDITED) 
procedure.
    (b) In appeals where the amount in dispute is $50,000 or less, the 
appellant may elect to have the appeal processed under an ACCELERATED 
procedure requiring decision of the appeal, whenever possible, within 
180 days after the Board receives written notice of the appellant's 
election to utilize this procedure. The details of this procedure appear 
in section 12.3 of this Rule.
    (c) The appellant's election of either the SMALL CLAIMS (EXPEDITED) 
procedure or the ACCELERATED procedure may be made by written notice 
within 60 days after receipt of notice of docketing, unless such period 
is extended by the Board for good cause. The election may not be 
withdrawn except with permission of the Board and for good cause.
    12.2  The Small Claims (Expedited) Procedure. (a) In cases 
proceeding under the SMALL CLAIMS (EXPEDITED) procedure, the following 
time periods shall apply:
    (1) Within 10 days from the Government's first receipt from either 
the appellant or the Board of a copy of the appellant's notice of 
election of the SMALL CLAIMS (EXPEDITED) procedure, the Government shall 
send the Board a copy of the contract, the contracting officer's final 
decision, and the appellant's claim letter or letters, if any; remaining 
documents required under Rule 4 shall be submitted in accordance with 
times specified in that rule unless the Board otherwise directs.
    (2) Within 15 days after the Board has acknowledged receipt of 
appellant's notice of election, the assigned administrative judge shall 
take the following actions, if feasible, in an informal meeting or a 
telephone conference with both parties: (i) Identify and simplify the 
issues; (ii) establish a simplified procedure appropriate to the 
particular appeal involved; (iii) determine whether either party wants a 
hearing, and if so, fix a time and place therefor; (iv) require the 
Government to furnish all the additional documents relevant to the 
appeal; and (v) establish an expedited schedule for resolution of the 
appeal.
    (b) Pleadings, discovery, and other prehearing activity will be 
allowed only as consistent with the requirement to conduct the hearing 
on the date scheduled, or if no hearing is scheduled, to close the 
record on a date that will allow decisions within the 120-day limit. The 
Board, in its discretion, may impose shortened time periods for any 
actions prescribed or allowed under these rules, as necessary to enable 
the Board to decide the appeal within the 120-day limit, allowing 
whatever time, up to 30 days, that the Board considers necessary for the 
preparation of the decision after closing the record and the filing of 
briefs, if any.

[[Page 186]]

    (c) Written decision by the Board in cases processed under the SMALL 
CLAIMS (EXPEDITED) procedure will be short and contain only summary 
findings of fact and conclusions. Decisions will be rendered for the 
Board by a single administrative judge. If there has been a hearing, the 
administrative judge presiding at the hearing may, in the judge's 
discretion, at the conclusion of the hearing and after entertaining such 
oral arguments as deemed appropriate, render on the record oral summary 
findings of fact, conclusions, and a decision of the appeal. Whenever 
such an oral decision is rendered, the Board will subsequently furnish 
the parties a typed copy of such oral decision for record and payment 
purposes and to establish the starting date for the period for filing a 
motion for reconsideration under rule 29.
    (d) A decision against the Government or the contractor shall have 
no value as precedent, and in the absence of fraud shall be final and 
conclusive and may not be appealed or set aside.
    12.3  The Accelerated Procedure. (a) In cases proceeding under the 
Accelerated procedure, the parties are encouraged, to the extent 
possible consistent with adequate presentation of their factual and 
legal positions, to waive pleadings, discovery, and briefs. The Board, 
in its discretion, may shorten time periods prescribed or allowed 
elsewhere in these rules, including rule 4, as necessary to enable the 
Board to decide the appeal within 180 days after the Board has received 
the appellant's notice of election of the ACCELERATED procedure, and may 
reserve 30 days for preparation of the decision.
    (b) Written decision by the Board in cases processed under the 
ACCELERATED procedure will normally be short and contain only summary 
findings of fact and conclusions. Decisions will be rendered for the 
Board by a single administrative judge with the concurrence of a vice 
chairman, or by a majority among these two and the chairman in case of 
disagreement. Alternatively, in cases where the amount in dispute is 
$10,000 or less as to which the ACCELERATED procedure has been elected 
and in which there has been a hearing, the single administrative judge 
presiding at the hearing may, with the concurrence of both parties, at 
the conclusion of the hearing and after entertaining such oral arguments 
as deemed appropriate, render on the record oral summary findings of 
fact, conclusions, and a decision of the appeal. Whenever such an oral 
decision is rendered, the Board will subsequently furnish the parties a 
typed copy of such oral decision for record and payment purposes, and to 
establish the starting date for the period of filing a motion for 
reconsideration under Rule 29.
    12.4  Motions for Reconsideration in Rule 12 Cases. Motions for 
Reconsideration of cases decided under either the SMALL CLAIMS 
(EXPEDITED) procedure or the ACCELERATED procedure need not be decided 
within the original 120-day or 180-day limit, but all such motions shall 
be processed and decided rapidly so as to fulfill the intent of this 
Rule.
    13.  Settling the Record. (a) The record upon which the Board's 
decision will be rendered consists of the documents furnished under 
Rules 4 and 12, to the extent admitted in evidence, and the following 
items, if any: pleadings, prehearing conference memoranda or orders, 
prehearing briefs, depositions or interrogatories received in evidence, 
admissions, stipulations, transcripts of conferences and hearings, 
hearing exhibits, post-hearing briefs, and documents which the Board has 
specifically designated be made a part of the record. The record will, 
at all reasonable times, be available for inspection by the parties at 
the office of the Board.
    (b) Except as the Board may otherwise order in its discretion, no 
proof shall be received in evidence after completion of an oral hearing 
or, in cases submitted on the record, after notification by the Board 
that the case is ready for decision.
    (c) The weight to be attached to any evidence of record will rest 
within the sound discretion of the Board. The Board may in any case 
require either party, with appropriate notice to the other party, to 
submit additional evidence on any matter relevant to the appeal.
    14. Discovery--Depositions--(a) General Policy and Protective 
Orders--The parties are encouraged to engage in voluntary discovery 
procedures. In connection with any deposition or other discovery 
procedure, the Board may make any order required to protect a party or 
person from annoyance, embarrassment, or undue burden or expense. Those 
orders may include limitations on the scope, method, time and place for 
discovery, and provisions for protecting the secrecy of confidential 
information or documents.
    (b) When Depositions Permitted--After an appeal has been docketed 
and complaint filed, the parties may mutually agree to, or the Board 
may, upon application of either party, order the taking of testimony of 
any person by deposition upon oral examination or written 
interrogatories before any officer authorized to administer oaths at the 
place of examination, for use as evidence or for purpose of discovery. 
The application for order shall specify whether the purpose of the 
deposition is discovery or for use as evidence.
    (c) Orders on Depositions--The time, place, and manner of taking 
depositions shall be as mutually agreed by the parties, or failing such 
agreement, governed by order of the Board.
    (d) Use as Evidence--No testimony taken by depositions shall be 
considered as part of the evidence in the hearing of an appeal until

[[Page 187]]

such testimony is offered and received in evidence at such hearing. It 
will not ordinarily be received in evidence if the deponent is present 
and can testify at the hearing. In such instances, however, the 
deposition may be used to contradict or impeach the testimony of the 
deponent given at the hearing. In cases submitted on the record, the 
Board may, in its discretion, receive depositions to supplement the 
record.
    (e) Expenses--Each party shall bear its own expenses associated with 
the taking of any deposition.
    (f) Subpoenas--Where appropriate, a party may request the issuance 
of a subpoena under the provisions of Rule 21.
    15. Interrogatories to Parties, Admission of Facts, and Production 
and Inspection of Documents. After an appeal has been docketed and 
complaint filed with the Board, a party may serve on the other party: 
(a) Written interrogatories to be answered separately in writing, signed 
under oath and answered or objected to within 45 days after service; (b) 
a request for the admission of specified facts and/or the authenticity 
of any documents, to be answered or objected to within 45 days after 
service; the factual statements and the authenticity of the documents to 
be deemed admitted upon failure of a party to respond to the request; 
and (c) a request for the production, inspection and copying of any 
documents or objects not privileged, which reasonably may lead to the 
discovery of admissible evidence, to be answered or objected to within 
45 days after service. The Board may allow a shorter or longer time. Any 
discovery engaged in under this Rule shall be subject to the provisions 
of Rule 14(a) with respect to general policy and protective orders, and 
of Rule 35 with respect to sanctions.
    16. Service of Papers Other Than Subpoenas. Papers shall be served 
personally or by mail, addressed to the party upon whom service is to be 
made. Copies of complaints, answers and briefs shall be filed directly 
with the Board. The party filing any other paper with the Board shall 
send a copy thereof to the opposing party, noting on the paper filed 
with the Board that a copy has been so furnished. Subpoenas shall be 
served as provided in Rule 21.

                                Hearings

    17. Where and When Held. Hearings will be held at such places 
determined by the Board to best serve the interests of the parties and 
the Board. Hearings will be scheduled at the discretion of the Board 
with due consideration to the regular order of appeals, Rule 12 
requirements, and other pertinent factors. On request or motion by 
either party and for good cause, the Board may, in its discretion, 
adjust the date of a hearing.
    18. Notice of Hearings. The parties shall be given at least 15 days 
notice of the time and place set for hearings. In scheduling hearings, 
the Board will consider the desires of the parties and the requirement 
for just and inexpensive determination of appeals without unnecessary 
delay. Notices of hearings shall be promptly acknowledged by the 
parties.
    19. Unexcused Absence of a Party. The unexcused absence of a party 
at the time and place set for hearing will not be occasion for delay. In 
the event of such absence, the hearing will proceed and the case will be 
regarded as submitted by the absent party as provided in Rule 11.
    20. Hearings: Nature, Examination of Witnesses--(a) Nature of 
Hearings--Hearings shall be as informal as may be reasonable and 
appropriate under the circumstances. Appellant and the Government may 
offer such evidence as they deem appropriate and as would be admissible 
under the Federal Rules of Evidence or in the sound discretion of the 
presiding administrative judge or examiner. Stipulations of fact agreed 
upon by the parties may be regarded and used as evidence at the hearing. 
The parties may stipulate the testimony that would be given by a witness 
if the witness were present. The Board may require evidence in addition 
to that offered by the parties.
    (b) Examination of Witnesses--Witnesses before the Board will be 
examined orally under oath or affirmation, unless the presiding 
administrative judge or examiner shall otherwise order. If the testimony 
of a witness is not given under oath, the Board may advise the witness 
that his statements may be subject to the provisions of title 18, United 
States Code, sections 287 and 1001, and any other provision of law 
imposing penalties for knowingly making false representations in 
connection with claims against the United States or in any matter within 
the jurisdiction of any department or agency thereof.
    21. Subpoenas--(a) General--Upon written request of either party 
filed with the recorder, or on his own initiative, the administrative 
judge to whom a case is assigned or who is otherwise designated by the 
chairman may issue a subpoena requiring:
    (i) Testimony at a deposition--the deposing of a witness in the city 
or county where he resides or is employed or transacts his business in 
person, or at another location convenient for him that is specifically 
determined by the Board;
    (ii) Testimony at a hearing--the attendance of a witness for the 
purpose of taking testimony at a hearing; and
    (iii) Production of books and papers--in addition to (i) or (ii), 
the production by the witness at the deposition or hearing of books and 
papers designated in the subpoena.
    (b) Voluntary Cooperation--Each party is expected (i) to cooperate 
and make available witnesses and evidence under its control as

[[Page 188]]

requested by the other party, without issuance of a subpoena, and (ii) 
to secure voluntary attendance of desired third-party witnesses and 
production of desired third-party books, papers, documents, or tangible 
things whenever possible.
    (c) Requests for Subpoenas--(1) A request for subpoena shall 
normally be filed at least:
    (i) 15 days before a scheduled deposition where the attendance of a 
witness at a deposition is sought; or
    (ii) 30 days before a scheduled hearing where the attendance of a 
witness at a hearing is sought.
    In its discretion the Board may honor requests for subpoenas not 
made within these time limitations.
    (2) A request for a subpoena shall state the reasonable scope and 
general relevance to the case of the testimony and of any books and 
papers sought.
    (d) Requests to Quash or Modify--Upon written request by the person 
subpoenaed or by a party, made within 10 days after service but in any 
event not later than the time specified in the subpoena for compliance, 
the Board may (i) quash or modify the subpoena if it is unreasonable and 
oppressive or for other good cause shown, or (ii) require the person in 
whose behalf the subpoena was issued to advance the reasonable cost of 
producing subpoenaed books and papers. Where circumstances require, the 
Board may act upon such a request at any time after a copy has been 
served upon the opposing party.
    (e) Form; Issuance--(1) Every subpoena shall state the name of the 
Board and the title of the appeal, and shall command each person to whom 
it is directed to attend and give testimony, and if appropriate, to 
produce specified books and papers at a time and place therein 
specified. In issuing a subpoena to a requesting party, the 
administrative judge shall sign the subpoena and may, in his discretion, 
enter the name of the witness and otherwise leave it blank. The party to 
whom the subpoena is issued shall complete the subpoena before service.
    (2) Where the witness is located in a foreign country, a letter 
rogatory or subpoena may be issued and served under the circumstances 
and in the manner provided in 28 U.S.C. 1781-1784.
    (f) Service--(1) The party requesting issuance of a subpoena shall 
arrange for service.
    (2) A subpoena requiring the attendance of a witness at a deposition 
or hearing may be served at any place. A subpoena may be served by a 
United States marshal or deputy marshal, or by any other person who is 
not a party and not less than 18 years of age. Service of a subpoena 
upon a person named therein shall be made by personally delivering a 
copy to that person and tendering the fees for one day's attendance and 
the mileage provided by 28 U.S.C. 1821 or other applicable law; however, 
where the subpoena is issued on behalf of the Government, money payments 
need not be tendered in advance of attendance.
    (3) The party at whose instance a subpoena is issued shall be 
responsible for the payment of fees and mileage of the witness and of 
the officer who serves the subpoena. The failure to make payment of such 
charges on demand may be deemed by the Board as a sufficient ground for 
striking the testimony of the witness and the books or papers the 
witness has produced.
    (g) Contumacy or Refusal to Obey a Subpoena--In case of contumacy or 
refusal to obey a subpoena by a person who resides, is found, or 
transacts business within the jurisdiction of a United States District 
Court, the Board will apply to the Court through the Attorney General of 
the United States for an order requiring the person to appear before the 
Board or a member thereof to give testimony or produce evidence or both. 
Any failure of any such person to obey the order of the Court may be 
punished by the Court as a contempt thereof.
    22. Copies of Papers. When books, records, papers, or documents have 
been received in evidence, a true copy thereof or of such part thereof 
as may be material or relevant may be substituted therefor, during the 
hearing or at the conclusion thereof.
    23. Post-Hearing Briefs. Post-hearing briefs may be submitted upon 
such terms as may be directed by the presiding administrative judge or 
examiner at the conclusion of the hearing.
    24. Transcript of Proceedings. Testimony and argument at hearings 
shall be reported verbatim, unless the Board otherwise orders. Waiver of 
transcript may be especially suitable for hearings under Rule 12.2. 
Transcripts of the proceedings shall be supplied to the parties at such 
rates as may be established by contract between the Board and the 
reporter, provided that ordinary copy of transcript shall be supplied to 
the appellant at an amount no greater than the cost of duplication.
    25. Withdrawal of Exhibits. After a decision has become final the 
Board may, upon request and after notice to the other party, in its 
discretion permit the withdrawal of original exhibits, or any part 
thereof, by the party entitled thereto. The substitition of true copies 
of exhibits or any part thereof may be required by the Board in its 
discretion as a condition of granting permission for such withdrawal.

                             Representation

    26. The Appellant. An individual appellant may appear before the 
Board in person, a corporation by one of its officers; and a partnership 
or joint venture by one of its members; or any of these by an attorney 
at law duly licensed in any state, commonwealth, territory, the District 
of Columbia, or in a

[[Page 189]]

foreign country. An attorney representing an appellant shall file a 
written notice of appearance with the Board.
    27. The Government. Government counsel may, in accordance with their 
authority, represent the interest of the Government before the Board. 
They shall file notices of appearance with the Board, and notice thereof 
will be given appellant or appellant's attorney in the form specified by 
the Board from time to time.

                                Decisions

    28. Decisions. (a) Decisions of the Board will be made in writing 
and authenticated copies of the decision will be forwarded 
simultaneously to both parties. The rules of the Board and all final 
orders and decisions (except those required for good cause to be held 
confidential and not cited as precedents) shall be open for public 
inspection at the offices of the Board. Decisions of the Board will be 
made solely upon the record, as described in Rule 13.
    (b) Any monetary award to a contractor by the Board shall be 
promptly paid in accordance with the procedures provided by section 1302 
of the Act of July 27, 1956 (70 Stat. 694, as amended; 31 U.S.C. 724a). 
To assure prompt payment the Recorder will forward a waiver form to each 
party with the decision. If the parties do not contemplate an appeal or 
motion for reconsideration, they will execute waivers which so state, 
and return them to the Recorder. The Recorder will forward the waivers 
and a certified copy of the award decision to the General Accounting 
Office for certification for payment.

                       Motion for Reconsideration

    29. Motion for Reconsideration. A motion for reconsideration may be 
filed by either party. It shall set forth specifically the grounds 
relied upon to sustain the motion. The motion shall be filed within 30 
days from the date of the receipt of a copy of the decision of the Board 
by the party filing the motion.

              Suspensions, Dismissals and Defaults: Remands

    30. Suspensions; Dismissal Without Prejudice. The Board may suspend 
the proceedings by agreement of counsel for settlement discussions, or 
for good cause shown. In certain cases, appeals docketed before the 
Board are required to be placed in a suspense status and the Board is 
unable to proceed with disposition thereof for reasons not within the 
control of the Board. Where the suspension has continued, or may 
continue, for an inordinate length of time, the Board may, in its 
discretion, dismiss such appeals from its docket without prejudice to 
their restoration when the cause of suspension has been removed. Unless 
either party or the Board acts within three years to reinstate any 
appeal dismissed without prejudice, the dismissal shall be deemed with 
prejudice.
    31. Dismissal or Default for Failure to Prosecute or Defend. 
Whenever a record discloses the failure of either party to file 
documents required by these rules, respond to notices or correspondence 
from the Board, comply with orders of the Board, or otherwise indicates 
an intention not to continue the prosecution or defense of an appeal, 
the Board may, in the case of a default by the appellant, issue an order 
to show cause why the appeal should not be dismissed or, in the case of 
a default by the Government, issue an order to show cause why the Board 
should not act thereon pursuant to Rule 35. If good cause is not shown, 
the Board may take appropriate action.
    32. Remand from Court. Whenever any court remands a case to the 
Board for further proceedings, each of the parties shall, within 20 days 
of such remand, submit a report to the Board recommending procedures to 
be followed so as to comply with the court's order. The Board shall 
consider the reports and enter special orders governing the handling of 
the remanded case. To the extent the court's directive and time 
limitations permit, such orders shall conform to these rules.

                    Time, Computation and Extensions

    33. Time, Computation and Extensions. (a) Where possible, procedural 
actions should be taken in less time than the maximum time allowed. 
Where appropriate and justified, however, extensions of time will be 
granted. All requests for extensions of time shall be in writing.
    (b) In computing any period of time, the day of the event from which 
the designated period of time begins to run shall not be included, but 
the last day of the period shall be included unless it is a Saturday, 
Sunday, or a legal holiday, in which event the period shall run to the 
end of the next business day.

                         Ex Parte Communications

    34. Ex parte Communications. No member of the Board or the Board's 
staff shall entertain, nor shall any person directly or indirectly 
involved in an appeal, submit to the Board or the Board's staff, off the 
record, any evidence, explanation, analysis, or advice, whether written 
or oral, regarding any matter at issue in an appeal. This provision does 
not apply to consultation among Board members or to ex parte 
communications concerning the Board's administrative functions or 
procedures.

                                Sanctions

    35. Sanctions. If any party fails or refuses to obey an order issued 
by the Board, the Board may then make such order as it considers

[[Page 190]]

necessary to the just and expeditious conduct of the appeal.

                    Effective Date and Applicability

    36. Effective Date. These rules shall apply (i) mandatorily, to all 
appeals relating to contracts entered into on or after 1 March 1979, and 
(ii) at the contractor's election, to appeals relating to earlier 
contracts, with respect to claims pending before the contracting officer 
on 1 March 1979 or initiated thereafter.
    Pursuant to the Charter of the Armed Services Board of Contract 
Appeals, the attached rules are hereby approved for use and application 
to appeals to the Armed Services Board of Contract Appeals under the 
Contract Disputes Act of 1978.

(signed) William J. Perry (30 JUN 1980),
Under Secretary of Defense for Research and Engineering.
(signed) Percy A. Pierre,
Assistant Secretary of the Army (Research, Development and Acquisition).
(signed) J.A. Doyle,
Assistant Secretary of the Navy (Manpower, Reserve Affairs and 
Logistics).
(signed) Eugene H. Kopf,
(Acting) Assistant Secretary of the Air Force (Research, Development and 
Logistics).

[56 FR 36572, July 31, 1991, as amended at 58 FR 37868, July 14, 1993]

             Appendix B--Coordinated Acquisition Assignments

                        Part 1--Army Assignments

                        Part 2--Navy Assignments

                      Part 3--Air Force Assignments

              Part 4--Defense Logistics Agency Assignments

           Part 5--Defense Special Weapons Agency Assignments

           Part 6--General Services Administration Assignments

    Authority; 41 U.S.C. 421 and 48 CFR chapter 1.

                        Part 1--Army Assignments

------------------------------------------------------------------------
     Federal supply class code                    Commodity             
------------------------------------------------------------------------
                                    Electronic Equipment.               
                                    Each department is assigned         
                                     acquisition responsibility for     
                                     those items which the department   
                                     either designed or for which it    
                                     sponsored development. See FSC 5821
                                     under Navy listings for assignment 
                                     of certain commercially developed  
                                     radio sets (i.e., developed without
                                     the use of Government funds).      
1005 P \1\........................  Guns, through 30mm.                 
                                    This partial assignment applies to  
                                     guns, through 30mm, and parts and  
                                     equipment therefor, as listed in   
                                     Department of Army Supply Manuals/ 
                                     Catalogs. It does not apply to Navy
                                     ordnance type guns; MK 11 and MK   
                                     12, 20mm gun; and aircraft gun     
                                     mounts.                            
1010 P \1\........................  Guns, over 30mm up to 75mm.         
                                    This partial assignment applies to  
                                     guns, over 30mm and up to 75mm, and
                                     parts and equipment therefor, as   
                                     listed in Department of the Army   
                                     Supply Manuals/Catalogs. It does   
                                     not apply to Naval ordnance type   
                                     guns and aircraft gun mounts.      
1015 P \1\........................  Guns, 75mm through 125mm.           
                                    This partial assignment applies to  
                                     guns, 75mm through 125mm, and parts
                                     and equipment therefor, as listed  
                                     in Department of Army Supply       
                                     Manuals/Catalogs. It does not apply
                                     to Naval ordnance type guns.       
1020 P \1\........................  Guns over 125mm through 150mm.      
1025 P \1\........................  Guns over 150mm through 200mm.      
1030 P \1\........................  Guns over 200mm through 300mm.      
1035 P \1\........................  Guns over 300mm.                    
                                    These partial assignments apply to  
                                     guns, over 125mm, and parts and    
                                     equipment therefor, as listed in   
                                     Department of Army Supply Manuals/ 
                                     Catalogs. They do not apply to     
                                     Naval ordnance type guns.          
1040..............................  Chemical Weapons and Equipment.     
1055 P \1\........................  Launchers, Rocket and Pyrotechnic.  
                                    This partial assignment applies to  
                                     launchers, rocket and pyrotechnic, 
                                     as listed in Department of Army    
                                     Supply Manuals/Catalogs. It does   
                                     not apply to Naval ordnance type   
                                     and airborne type, with the        
                                     exception of 2.75 inch rocket      
                                     launchers which are included in    
                                     this partial FSC assignment to the 
                                     Department of the Army.            
1090 P............................  Assemblies Interchangeable Between  
                                     Weapons in Two or More Classes.    
                                    This partial assignment applies to  
                                     the following items:               
------------------------------------------------------------------------
NOTE: (``P'' after the FSC number indicates a partial FSC assignment)   
-----------------------------------                                     
                                    National stock number nomenclature. 
                                      1090-563-7232 Staff Section,      
                                     Class.                             
                                      1090-699-0633 Staff Section.      
                                      1090-796-8760 Power Supply.       
                                      1090-885-8451 Wrench Corrector.   
                                      1090-986-9707 Reticle Assembly.   
1095 P \1\........................  Miscellaneous Weapons.              
                                    This partial assignment applies to  
                                     miscellaneous weapons, and parts   
                                     and equipment therefor, as listed  
                                     in Department of Army Supply       
                                     Manuals/Catalogs. It does not apply
                                     to Naval ordnance type; line       
                                     throwing guns (which are under DoD 
                                     Coordinated Acquisition assignment 
                                     to the Department of the Navy); and
                                     aircraft type miscellaneous        
                                     weapons.                           
1210 P \1\........................  Fire Control Directors.             
1220 P \1\........................  Fire Control Computing Sights and   
                                     Devices.                           
1230 P \1\........................  Fire Control Systems, Complete.     
1240 P \1\........................  Optical Sighting and Ranging        
                                     Equipment.                         
1250 P \1\........................  Fire Control Stabilizing Mechanisms.
1260 P \1\........................  Fire Control Designating and        
                                     Indicating Equipment.              
1265 P \1\........................  Fire Control Transmitting and       
                                     Receiving Equipment, Except        
                                     Airborne.                          

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1285 P \1\........................  Fire Control Radar Equipment, Except
                                     Airborne.                          
1290 P \1\........................  Miscellaneous Fire Control          
                                     Equipment.                         
                                    The above nine partial FSC          
                                     assignments apply to fire control  
                                     equipment, as listed in Department 
                                     of the Army Supply Manuals/        
                                     Catalogs. They do not apply to     
                                     Naval ordnance type and aircraft   
                                     type.                              
1305 P \1\........................  Ammunition, through 30mm.           
                                    This partial assignment applies to  
                                     ammunition through 30mm as listed  
                                     in Department of Army Supply       
                                     Manuals/Catalogs. It does not apply
                                     to Naval ordnance type and         
                                     ammunition for the MK 11 and MK 12,
                                     20mm gun.                          
1310 P \1\........................  Ammunition, over 30mm up to 75mm.   
                                    This partial assignment applies to  
                                     ammunition, over 30mm up to 75mm,  
                                     as listed in Department of Army    
                                     Supply Manuals/Catalogs. It does   
                                     not apply to Naval ordnance type   
                                     and to 40mm ammunition (which is   
                                     under DoD Coordinated Acquisition  
                                     assignment to the Navy). The Army  
                                     is responsible for the acquisition 
                                     of fillers and the loading,        
                                     assembling, and packing of         
                                     toxicological, incapacitating riot 
                                     control, smoke and incendiary      
                                     munitions.                         
1315 P \1\........................  Ammunition, 75mm through 125mm.     
                                    This partial assignment applies to  
                                     ammunition, 75mm through 125mm, as 
                                     listed in Department of Army Supply
                                     Manuals/Catalogs. It does not apply
                                     to Naval ordnance type. The Army is
                                     responsible for the acquisition of 
                                     fillers and the loading,           
                                     assembling, and packing of         
                                     toxicological, incapacitating riot 
                                     control, smoke and incendiary      
                                     munitions.                         
1320 P \1\........................  Ammunition, over 125mm.             
                                    This partial assignment applies to  
                                     ammunition over 125mm, as listed in
                                     Department of Army Supply Manuals/ 
                                     Catalogs. It does not apply to     
                                     Naval ordnance type. The Army is   
                                     responsible for the acquisition of 
                                     fillers and the loading,           
                                     assembling, and packing of         
                                     toxicological, incapacitating riot 
                                     control, smoke and incendiary      
                                     munitions.                         
1325 P............................  Bombs.                              
                                    This partial assignment applies to  
                                     bombs as listed in Department of   
                                     Army Supply Manuals/Catalogs. It   
                                     does not apply to Navy assigned    
                                     bombs as shown in list of          
                                     assignments to the Navy; however,  
                                     the Department of the Army is      
                                     responsible for the acquisition of 
                                     fillers and the loading,           
                                     assembling, and packing of         
                                     toxicological, incapacitating riot 
                                     control, smoke and incendiary      
                                     munitions, and for other loading,  
                                     assembling, and packing in excess  
                                     of Navy owned capacity.            
1330..............................  Grenades.                           
1340 P............................  Rockets and Rocket Ammunition.      
                                    This partial assignment applies to: 
                                      66mm Rocket, HEAT, M72.           
                                      2.75'' Rocket FFAR, Service and   
                                     Practice.                          
                                      Heads MK5 and Mods (HEAT).        
                                      HE, M151.                         
                                      HE, XM229 (17 lb Warhead)         
                                      HE, XM157 (Spotting Red).         
                                      HE, XM158 (Spotting Yellow).      
                                      MK61 Practice (5 lb Slug).        
                                      XM230 Practice (10 lb).           
                                    Motors MK4 and Mods (High           
                                     Performance Aircraft).             
                                      MK40 and Mods (Low Performance    
                                     Aircraft).                         
                                    3.5 inch Rocket Heat, M35.          
                                      Practice, M36.                    
                                      Smoke, WP, M30.                   
                                    4.5 inch Motor, Drill, M24.         
                                    HE, M32.                            
                                    Practice, M33.                      
                                    Incendiary and toxicological        
                                     rockets, as listed in Army Supply  
                                     Bulletins. It does not apply to    
                                     Navy assigned rockets as shown in  
                                     the list of assignments to the     
                                     Navy. However, the Department of   
                                     the Army is responsible for        
                                     acquisition of filler and for      
                                     filling of all smoke and           
                                     toxicological rockets.             
1345..............................  Land Mines.                         
1365..............................  Military Chemical Agents.           
1370 P............................  Pyrotechnics.                       
                                    This partial assignment does not    
                                     apply to shipboard and aircraft    
                                     pyrotechnics.                      
1375 P............................  Demolition Materials.               
                                    This partial assignment applies to  
                                     Blasting Agents and supplies such  
                                     as:                                
                                      Bangalore torpedo.                
                                      Blocks, demolition.               
                                      Caps, blasting, electric and non- 
                                     electric.                          
                                      Charge, cratering.                
                                      Charge, shaped and demolition.    
                                      Chests, demolition platoon and    
                                     squad.                             
                                      Cord detonating.                  
                                      Demolition equipment sets, with   
                                     ancillary items.                   
                                      Detonators, all types.            
                                      Dynamite.                         
                                      Firing devices.                   
                                      Fuze, safety.                     
                                      Kit, demolition.                  
                                      Lighter, fuse.                    
                                      Machine, blasting.                
                                      Primer, percussion cap.           
                                    It does not apply to Navy underwater
                                     demolition requirements.           
1376 P............................  Bulk Explosives.                    
                                    This partial assignment applies to  
                                     solid propellants and explosives   
                                     such as:                           
                                      Ammonium Picrate (Explosive D) JAN-
                                     A-166A.                            
                                      Trinitrotoluene (TNT) MIL-T-248A. 
                                      Tetryl JAN-T-339.                 
                                      Pantaerythrite Tetranitrate (PETN)
                                     JAN-P-387.                         
                                      RDX.                              
                                      Composition B.                    
                                      Composition B-3.                  
                                      Pentolite, 50.                    
                                      Composition C-3.                  
                                      Composition A-3.                  
                                      Composition A-4.                  
                                      Nitroguanidine (Picrate).         
                                    It does not apply to production     
                                     capacity for any of the above      
                                     listed explosives at the U.S. Naval
                                     Propellant Plant, Indian Head,     
                                     Maryland.                          
1377 P............................  Cartridge and Propellant Actuated   
                                     Devices and Components.            
                                    This partial assignment is reserved 
                                     pending Services agreement as to   
                                     items to be included in the        
                                     assignment.                        
1380..............................  Military Biological Agents.         
1390 P \1\........................  Fuzes and Primers.                  

[[Page 192]]

                                                                        
                                    This partial assignment applies to  
                                     Fuzes and Primers for Army assigned
                                     ammunition. It does not apply to   
                                     Naval ordnance type, which is under
                                     DoD Coordinated Acquisition        
                                     assignment to the Department of the
                                     Navy; and guided missile fuzes.    
2210..............................  Locomotives.                        
2220..............................  Rail Cars.                          
2240..............................  Locomotive and Rail Car Accessories 
                                     and Components.                    
2250..............................  Track Materials, Railroad.          
2310 P............................  Passenger Motor Vehicles.           
2320 P............................  Trucks and Truck Tractors.          
                                    These two partial assignments apply 
                                     to tactical vehicles and the       
                                     following types of vehicles:       
                                      Bus, convertible to ambulance.    
                                      Truck, 4 x 4, convertible to      
                                     ambulance                          
                                      Truck 4 x 4, dump, 9,000 GVW, with
                                     cut-down cab.                      
                                    These assignments do not apply to   
                                     tracked landing vehicles which are 
                                     not under DoD Coordinated          
                                     Acquisition assignment, and airport
                                     crash rescue vehicles, which are   
                                     under DoD Coordinated Acquisition  
                                     assignment to the Department of the
                                     Air Force. With the exception of   
                                     the types enumerated above, these  
                                     assignments do not apply to        
                                     commercial, non-tactical, passenger
                                     carrying vehicles and trucks which 
                                     are assigned for DoD Coordinated   
                                     Acquisition to the General Services
                                     Administration.                    
2330 P............................  Trailers.                           
                                    This partial assignment does not    
                                     apply to two wheel lubrication     
                                     trailers, two wheel steam cleaning 
                                     trailers, and troop transporter    
                                     semitrailers which are not under   
                                     DoD Coordinated Acquisition        
                                     assignment, and airport crash      
                                     rescue trailer units which are     
                                     under DoD Coordinated Acquisition  
                                     assignment to the Department of the
                                     Air Force.                         
2340 P............................  Motorcycles, Motor Scooters, and    
                                     Bicycles.                          
                                    This partial assignment does not    
                                     apply to bicycles and tricycles.   
2350..............................  Tanks and Self-propelled Weapons.   
2430..............................  Tractors, Track Laying, High-Speed. 
2510 P \2\........................  Vehicular Cab, Body, and Frame      
                                     Structural Components.             
2520 P \2\........................  Vehicular Power Transmission        
                                     Components.                        
2530 P \2\........................  Vehicular Brake, Steering, Axle,    
                                     Wheel, and Track Components.       
2540 P \2\........................  Vehicular Furniture and Accessories.
2590 P \2\........................  Miscellaneous Vehicular Components. 
2610..............................  Tires and Tubes, Pneumatic, except  
                                     Aircraft.                          
2630..............................  Tires, solid and cushion.           
2640..............................  Tire Rebuilding and Tire and Tube   
                                     Repair Materials.                  
2805 P \2\........................  Gasoline Reciprocating Engines,     
                                     except Aircraft and Components.    
2910 P \2\........................  Engine Fuel System Components,      
                                     Nonaircraft.                       
2920 P \2\........................  Engine Electrical System            
2930 P \2\........................  Engine Cooling System Components,   
                                     Nonaircraft.                       
2940 P \2\........................  Engine Air and Oil Filters,         
                                     Strainers and Cleaners,            
                                     Nonaircraft.                       
2990 P \2\........................  Miscellaneous Engine Accessories,   
                                     Nonaircraft.                       
4210 P............................  Fire Fighting Equipment.            
                                    This partial assignment applies only
                                     to equipment developed by or under 
                                     the sponsorship of the Department  
                                     of the Army.                       
4230 P............................  Decontaminating and Impregnating    
                                     Equipment.                         
                                    This partial assignment applies only
                                     to items peculiar to chemical      
                                     warfare.                           
4240 P............................  Safety and Rescue Equipment.        
                                    This partial assignment applies only
                                     to military respiratory protective 
                                     equipment for chemical warfare.    
5805 P............................  Telephone and Telegraph Equipment.  
                                    This partial assignment applies only
                                     to military (wire) equipment, field
                                     type.                              
5815 P............................  Teletype and Facsimile Equipment.   
                                    This partial assignment applies only
                                     to military (wire) equipment, field
                                     type.                              
5820 P............................  Radio and Television Communication  
                                     Equipment, except Airborne.        
                                    This partial assignment applies to  
                                     nontactical, off-the-shelf,        
                                     commercially available radio and   
                                     television equipment and supplies  
                                     used by the Armed Forces Radio and 
                                     Television Stations including      
                                     equipment and supplies used by the 
                                     Armed Forces for closed TV circuit 
                                     educational and training programs. 
5830 P............................  Intercommunication and Public       
                                     Address Systems; except Airborne.  
                                    This partial assignment applies only
                                     to military (wire) equipment, field
                                     type.                              
6135 P............................  Batteries, Primary.                 
                                    This partial assignment applies to  
                                     MIL type, dry cell batteries, only.
6625 P............................  Electrical and Electronic Properties
                                     Measuring and Testing Instruments. 
                                    This partial assignment applies only
                                     to instruments for testing military
                                     (wire) equipment, field type.      
6645 P............................  Time Measuring Instruments.         
                                    This partial assignment applies to  
                                     the following watches; aircraft    
                                     instrument panel clocks; cases and 
                                     spare parts therefor:              
                                      Master navigation watches; pocket 
                                     watches; stop watches; second      
                                     setting wrist watches; wrist       
                                     watches; athletic timers; aircraft 
                                     clocks; aircraft panel clocks;     
                                     mechanical aircraft clocks;        
                                     navigation watch cases; pocket     
                                     watch cases; watch holders; watch  
                                     case assemblies and watch          
                                     movements.                         
6660 P............................  Meteorological Instruments and      
                                     Apparatus.                         
                                    Each department is assigned         
                                     acquisition responsibility for     
                                     those systems, instruments and end 
                                     items in FSC 6660 which the        
                                     department either designed or      
                                     sponsored development. For purposes
                                     of this assignment, the developing 
                                     department is the department which 
                                     awarded the developmental contract,
                                     notwithstanding that other         
                                     departments may have provided funds
                                     for the development.               
6665 P............................  Hazard-Detecting Instruments and    
                                     Apparatus.                         
                                    This partial assignment applies only
                                     to items peculiar to chemical      
                                     warfare.                           
6695 P............................  Combination and Miscellaneous       
                                     Instruments.                       
                                    This partial assignment applies to  
                                     jewel bearings only.               
6820 P............................  Dyes.                               
                                    This partial assignment applies only
                                     to items peculiar to chemical      
                                     warfare.                           

[[Page 193]]

                                                                        
6910 P............................  Training Aids.                      
                                    This partial assignment applies only
                                     to items peculiar to Army          
                                     assignments under weapons, fire    
                                     control equipment, ammunition and  
                                     explosives, and chemical and       
                                     biological warfare.                
6920 P............................  Armament Training Devices.          
                                    This partial assignment applies to  
                                     armament training devices as listed
                                     in Department of Army Catalogs SC  
                                     6910, ML/IL and SC 6920 ML/IL. It  
                                     does not apply to clay pigeons in  
                                     Department of Army Catalogs SC     
                                     6910, ML/IL and SC 6920 ML/IL. It  
                                     does not apply to clay pigeons.    
6940 P............................  Communication Training Devices.     
                                    This partial assignment applies only
                                     to code training sets, code        
                                     practice equipment, and other      
                                     telephone and telegraph training   
                                     devices.                           
8130 P............................  Reels and Spools.                   
                                    This partial assignment applies only
                                     to reels and spools for military   
                                     (wire) equipment, field type.      
8140 P............................  Ammunition Boxes, Packages, and     
                                     Special Containers.                
                                    This partial assignment applies only
                                     to boxes, packages, and containers 
                                     peculiar to Army assignments under 
                                     ammunitions, explosives, and       
                                     chemical and biological warfare as 
                                     listed in Department of Army       
                                     Catalog SC 8140 IL and SC 8140 ML. 
------------------------------------------------------------------------
\1\ For contracting purposes, Naval ordnance comprises all arms, armor, 
  and armament for the Department of the Navy and includes all offensive
  and defensive weapons, together with their components, controlling    
  devices and ammunition used in executing the Navy's mission in        
  National Defense (except small arms and those items of aviation       
  ordnance acquired from the Army).                                     
\2\ These partial FSC assignments apply only to repair parts peculiar to
  combat and tactical vehicles. In addition, the assignment in FSC 2805 
  applies to military standard engines 1.5 HP through 20 HP and parts   
  peculiar therefor. Balance of these FSCs are assigned to the Defense  
  Logistics Agency (Defense Construction Supply Center).                

                        Part 2--Navy Assignments

------------------------------------------------------------------------
     Federal supply class code                    Commodity             
------------------------------------------------------------------------
                                    Electronic Equipment.               
                                    Each department is assigned         
                                     acquisition responsibility for     
                                     those items which the department   
                                     either designed or sponsored       
                                     development. See FSC 5821 for      
                                     assignment of certain commercially 
                                     developed radio sets to the        
                                     Department of the Navy (i.e.,      
                                     developed without the use of       
                                     Government funds).                 
1095 P............................  Miscellaneous Weapons.              
                                    This partial assignment applies to  
                                     line throwing guns only.           
1310 P............................  Ammunition, over 30mm up to 75mm.   
                                    This partial assignment applies only
                                     to reels and spools for military.  
1325 P............................  Bombs.                              
                                    This partial assignment applies to  
                                     armor-piercing; depth bombs;       
                                     externally suspended low drag      
                                     bombs; and components and practice 
                                     bombs therefor, as listed in Ord   
                                     Pamphlets, and the MK 43, Target   
                                     Detecting Device. The Department of
                                     the Army is responsible for the    
                                     acquisition of fillers and the     
                                     loading, assembling, and packing of
                                     toxicological, incapacitating riot 
                                     control, smoke and incendiary      
                                     munitions, and for other loading,  
                                     assembling, and packing in excess  
                                     of Navy-owned capacity.            
1340 P............................  Rockets and Rocket Ammunition.      
                                    This partial assignment applies to: 
                                    Fuze, Rocket, V.T., MK93-0.         
                                    2.25 inch Rocket SCAR, Practice.    
                                      Heads MK3 and Mods.               
                                      Motors MK15 and Mods.             
                                      MK16 and Mods.                    
                                    5 inch Rocket HVAR, service and     
                                     practice.                          
                                      Heads MK2 and Mods (common) MK6   
                                     and Mods (GP).                     
                                      MK4 and Mods (smoke) MK25 and Mods
                                     (ATAR).                            
                                      Motors MK10 and Mods.             
                                    5 inch Rocket FFAR service and      
                                     practice.                          
                                      Heads MK24 and Mods (General      
                                     Purposes).                         
-----------------------------------                                     
NOTE: (``P'' after the FSC number indicates a partial FSC assignment).  
------------------------------------------------------------------------
                                      MK32 and Mods (Shaped Charged).   
                                      MK26 and Mods (Illum).            
                                      Motor MK16 and Mods.              
                                    The Department of the Army is       
                                     responsible for acquisition of     
                                     filler and for filling of all smoke
                                     and toxicological rockets.         
1390 P............................  Fuzes and Primers.                  
                                    This partial assignment applies to  
                                     fuzes and primers for Navy assigned
                                     ammunition.                        
1550 P............................  Drones.                             
                                    This partial assignment applies only
                                     to Drone, Model BQM34E.            
1905 P............................  Combat Ships and Landing Vessels.   
                                    This partial assignment applies to  
                                     landing vessels only.              
1910 P............................  Transport Vessels, Passenger and    
                                     Troop.                             
                                    This partial assignment applies to  
                                     ferryboats only.                   
1920..............................  Fishing Vessels.                    
1925..............................  Special Service Vessels.            
1930..............................  Barges and Lighters, Cargo.         
1935 P............................  Barges and Lighters, Special        
                                     Purpose.                           
                                    This partial assignment does not    
                                     apply to derricks, pile drivers,   
                                     rock cutters, concrete mixing      
                                     plants, mechanical bank grader     
                                     barges, other bank revetment       
                                     barges, and barge power plants.    
1940..............................  Small Craft.                        
1945 P............................  Pontoons and Floating Docks.        
                                    This partial assignment applies only
                                     to Naval Facilities Engineering    
                                     Command type pontoons.             
1950..............................  Floating Drydocks.                  
1990 P............................  Miscellaneous Vessels.              
                                    This partial assignment applies to  
                                     commercial sailing vessels only.   
2010..............................  Ship and Boat Propulsion Components.
2020..............................  Rigging and Rigging Gear.           
2030..............................  Deck Machinery.                     
2040..............................  Marine Hardware and Hull Items.     

[[Page 194]]

                                                                        
2060..............................  Commercial Fishing Equipment.       
2090..............................  Miscellaneous Ship and Marine       
                                     Equipment.                         
2820 P............................  Steam Engines, Reciprocating and    
                                     Components.                        
                                    This partial assignment applies to  
                                     marine main propulsion steam       
                                     engines only.                      
2825 P............................  Steam Turbines and Components.      
                                    This partial assignment applies to  
                                     marine steam turbines only.        
4210 P............................  Fire Fighting Equipment.            
                                    This partial assignment applies only
                                     to fire fighting equipment         
                                     developed by or under the          
                                     sponsorship of the Department of   
                                     Navy.                              
4410 P............................  Industrial Boilers.                 
                                    This partial assignment applies only
                                     to boilers for use aboard those    
                                     ships assigned to the Navy for     
                                     coordinated acquisition.           
4420 P............................  Heat Exchangers and Steam           
                                     Condensers.                        
                                    This partial assignment applies only
                                     to heat exchangers for use aboard  
                                     those ships assigned to the Navy   
                                     for coordinated acquisition.       
4925 P............................  Ammunition Maintenance and Repair   
                                     Shop Specialized Equipment.        
                                    This partial assignment applies to  
                                     sets, kits, and outfits of tools   
                                     and equipment for explosive        
                                     ordnance as defined in military    
                                     service regulations and documents. 
5821 P............................  Radio and Television Communication  
                                     Equipment, Airborne.               
                                    This partial assignment applies only
                                     to the following commercially      
                                     developed radio sets. (The term    
                                     ``commercially developed'' means   
                                     that no Government funds were      
                                     provided for development purposes.)
                                     HF-101, 102, 103, 104, 105, 106,   
                                     107, 108, 109, 111, 113, ARC-94,   
                                     102, 105, 110, 112, 119, 120; MRC- 
                                     95, 108; VC-102, 104, 105, 106,    
                                     109, 110; and components of the    
                                     foregoing including the 490T       
                                     antenna coupler.                   
6125 P............................  Converters, Electrical, Rotating.   
                                    This partial assignment applies only
                                     to motor-generated sets for use    
                                     aboard ships assigned to the Navy  
                                     for coordinated acquisition.       
6320 P............................  Shipboard Alarm and Signal System.  
                                    This partial assignment applies only
                                     to alarm systems, fire alarm       
                                     systems, indicating systems,       
                                     telegraph systems (signal and      
                                     signaling) (less electronic type)  
                                     for use aboard ships assigned to   
                                     the Navy for coordinated           
                                     acquisition.                       
6605 P............................  Navigational Instruments.           
                                    This partial assignment applies only
                                     to lifeboat and raft compasses,    
                                     aircraft sextants, hand leads      
                                     (soundings), lead reels, sounding  
                                     machines and pelorus stands for use
                                     aboard ships assigned to the Navy  
                                     for coordinated acquisition.       
6645 P............................  Time Measuring Instruments.         
                                    This partial assignment applies to  
                                     the following instruments, cases,  
                                     and spare parts therefor:          
                                    Chronometers including gimbal,      
                                     padded and make break circuit.     
                                    Clocks, alarm, boat, deck, direct   
                                     reading, electrical, floor,        
                                     interval timer, marine, mechanical,
                                     master control, master program,    
                                     master regulating, mechanical      
                                     message center, nurses, program,   
                                     shelf, stop, wall, watchman's.     
                                    Counters, time period.              
                                    Meters, engine running time, hour   
                                     recording, and electrical time     
                                     totalizing.                        
                                    Timers; bombing, engine hours,      
                                     sequential, stop, and program.     
                                    Program control instrument.         
                                    Cases; chronometer, including gimbal
                                     and padded, chronometer carrying;  
                                     makebreak circuit chronometer.     
                                    Cans, chronometer shipping and      
                                     storage.                           
                                    Clock keys; clock movements, clock  
                                     motors.                            
6650 P............................  Optical Instruments.                
                                    This partial assignment applies only
                                     to stands, telescope, for use      
                                     aboard ships assigned to the Navy  
                                     for coordinated acquisition.       
6660 P............................  Meteorological Instruments and      
                                     Apparatus.                         
                                    Each department is assigned         
                                     acquisition responsibility for     
                                     those systems, instruments, and end
                                     items in FSC 6660 for which the    
                                     department either designed or      
                                     sponsored development. For purposes
                                     of this assignment, the developing 
                                     department is the department which 
                                     awarded the developmental contract,
                                     notwithstanding that other         
                                     departments may have provided funds
                                     for the development.               
6665 P............................  Hazard-Detecting Instruments and    
                                     Apparatus.                         
                                    This partial assignment applies only
                                     to hazard determining safety       
                                     devices, for use aboard ships      
                                     assigned to the Navy for           
                                     coordinated acquisition.           
8140 P............................  Ammunition Boxes, Packages, and     
                                     Special Containers.                
                                    This partial assignment applies only
                                     to boxes, packages, and containers 
                                     for 40mm ammunition.               
------------------------------------------------------------------------

                      Part 3--Air Force Assignments

------------------------------------------------------------------------
     Federal supply class code                    Commodity             
------------------------------------------------------------------------
                                    Electronic Equipment.               
                                    Each department is assigned         
                                     acquisition responsibility for     
                                     those items which the department   
                                     either designed or sponsored       
                                     development. See FSC 5821 under    
                                     Navy listing for assignment of     
                                     certain commercially developed     
                                     radio sets (i.e., developed without
                                     the use of Government funds).      
1550 P............................  Drones.                             
                                    This partial assignment applies only
                                     to the following model drones:     
                                      Model 147.                        
                                      Model 154.                        
                                      BQM 34A.                          
                                      MQM 34D.                          
2320 P............................  Trucks and Truck Tractors.          
                                    This partial assignment applies only
                                     to airport crash rescue vehicles.  
2330 P............................  Trailers.                           
                                    This partial assignment applies only
                                     to airport crash rescue trailer    
                                     units.                             
4210 P............................  Fire Fighting Equipment.            
                                    This partial assignment applies only
                                     to fire fighting equipment         
                                     developed by or under the          
                                     sponsorship of the Department of   
                                     the Air Force.                     
6660 P............................  Meteorological Instruments and      
                                     Apparatus.                         

[[Page 195]]

                                                                        
                                    Each department is assigned         
                                     acquisition responsibility for     
                                     those systems, instruments, and end
                                     items in FSC 6660 for which the    
                                     department either designed or      
                                     sponsored development. The         
                                     developing department is the       
                                     department which awarded the       
                                     developmental contract,            
                                     notwithstanding that other         
                                     departments may have provided funds
                                     for the development.               
6710 P \1\........................  Cameras, Motion Picture.            
                                    This partial assignment does not    
                                     apply to submarine periscope and   
                                     underwater cameras.                
6720 P \1\........................  Cameras, Still Picture.             
                                    This partial assignment does not    
                                     apply to submarine periscope and   
                                     underwater cameras.                
6730 P \1\........................  Photographic Projection Equipment.  
                                    This partial assignment does not    
                                     apply to 35mm theater projectors.  
6740 \1\..........................  Photographic Developing and         
                                     Finishing Equipment.               
6760 \1\..........................  Photographic Equipment and          
                                     Accessories.                       
6780 \1\..........................  Photographic Sets, Kits, and        
                                     Outfits.                           
------------------------------------------------------------------------
8820 P............................  Live Animals Not Raised for Food.   
                                    This partial assignment applies only
                                     to the following types of working  
                                     dogs:                              
                                        Scout.                          
                                        Sentry.                         
                                        Patrol.                         
                                        Mine/tunnel.                    
                                        Tracker.                        
                                        Detector-narcotic/contraband.   
                                        Sledge.                         
                                        Bloodhound.                     
                                        Water dog.                      
                                        Patrol/detector.                
------------------------------------------------------------------------
\1\ This partial FSC assignment does not apply to photographic equipment
  controlled by the Congressional Joint Committee on Printing and Micro-
  Film Equipment and Supplies.                                          

              Part 4--Defense Logistics Agency Assignments

------------------------------------------------------------------------
  Federal supply class                                                  
          code                   Commodity             DLA center \6\   
------------------------------------------------------------------------
2230...................  Right of Way Construction  DCSC                
                          and Maintenance                               
                          Equipment, Railroad.                          
2410...................  Tractor, Full Track, Low-  DCSC                
                          Speed.                                        
2420...................  Tractor, Wheeled.........  DCSC                
2510 P \2\.............  Vehicular Cab, Body, and   DCSC                
                          Frame, Structural                             
                          Components.                                   
2520 P \2\.............  Vehicular Power            DCSC                
                          Transmission Components.                      
2530 P \2\.............  Vehicular Brake,           DCSC                
                          Steering, Axle, Wheel,                        
                          and Track Components.                         
2540 P \2\.............  Vehicular Furniture and    DCSC                
                          Accessories.                                  
2590 P \2\.............  Miscellaneous Vehicular    DCSC                
                          Components.                                   
2805 P \2\.............  Gasoline Reciprocating     DCSC                
                          Engines, Except                               
                          Aircraft; and Components.                     
2815...................  Diesel Engines and         DCSC                
                          Components.                                   
2895...................  Miscellaneous Engines and  DCSC                
                          Components.                                   
2910 P \2\.............  Engine Fuel System         DCSC                
                          Components, Nonaircraft.                      
2920 P \2\.............  Engine Electrical System   DCSC                
                          Components, Nonaircraft.                      
2930 P \2\.............  Engine Cooling System      DCSC                
                          Components, Nonaircraft.                      
------------------------------------------------------------------------
NOTE: (``P'' after the FSC number indicates a                           
 partial FSC assignment)                                                
------------------------------------------------------------------------
2940 P \2\.............  Engine Air and Oil         DCSC                
                          Filters, Strainers and                        
                          Cleaners, Nonaircraft.                        
2990 P \2\.............  Miscellaneous Engine       DCSC                
                          Accessories, Nonaircraft.                     
3020...................  Gears, Pulleys, Sprockets  DCSC                
                          and Transmission Chain.                       
3030...................  Belting, Drive Belts, Fan  DCSC                
                          Belts, and Accessories.                       
3040...................  Miscellaneous Power        DCSC                
                          Transmission Equipment.                       
3110...................  Bearings, Antifriction,    DISC                
                          Unmounted.                                    
3120...................  Bearings, Plain Unmounted  DISC                
3130...................  Bearings, Mounted........  DISC                
3210...................  Sawmill and Planing Mill   DGSC                
                          Machinery.                                    
3220...................  Woodworking Machines.....  DGSC                
3230...................  Tools and Attachments for  DGSC                
                          Woodworking Machinery.                        
3405...................  Saws and Filing Machines.  DGSC                
3408...................  Machining Centers and Way- DGSC                
                          Type Machines.                                
3410...................  Electrical and Ultrasonic  DGSC                
                          Erosion Machines.                             
3411...................  Boring Machines..........  DGSC                
3412...................  Broaching Machines.......  DGSC                
3413...................  Drilling and Tapping       DGSC                
                          Machines.                                     
3414...................  Gear Cutting and           DGSC                
                          Finishing Machines.                           
3415...................  Grinding Machines........  DGSC                
3416...................  Lathes...................  DGSC                
3417...................  Milling Machines.........  DGSC                
3418...................  Planers and Shapers......  DGSC                
3419...................  Miscellaneous Machine      DGSC                
                          Tools.                                        
3422...................  Rolling Mills and Drawing  DGSC                
                          Machines.                                     
3424...................  Metal Heat Treating        DGSC                
                          Equipment.                                    
3426...................  Metal Finishing Equipment  DGSC                
3431...................  Electric Arc Welding       DGSC                
                          Equipment.                                    
3432...................  Electric Resistance        DGSC                
                          Welding Equipment.                            
3433...................  Gas Welding, Heat Cutting  DGSC                
                          & Metalizing Equipment.                       
3436...................  Welding Positioners and    DGSC                
                          Manipulators.                                 
3438...................  Miscellaneous Welding      DGSC                
                          Equipment.                                    
3439...................  Miscellaneous Welding,     DGSC                
                          Soldering and Brazing                         
                          Supplies and Accessories.                     
3441...................  Bending and Forming        DGSC                
                          Machines.                                     
3442...................  Hydraulic and Pneumatic    DGSC                
                          Presses, Power Driven.                        
3443...................  Mechanical Presses, Power  DGSC                
                          Driven.                                       
3444...................  Manual Presses...........  DGSC                
3445...................  Punching and Shearing      DGSC                
                          Machines.                                     

[[Page 196]]

                                                                        
3446...................  Forging Machinery and      DGSC                
                          Hammers.                                      
3447...................  Wire and Metal Ribbon      DGSC                
                          Forming Machinery.                            
3448...................  Riveting Machines........  DGSC                
3449...................  Misc. Secondary Metal      DGSC                
                          Forming and Cutting                           
                          Machines.                                     
3450...................  Machine Tools, Portable..  DGSC                
3455...................  Cutting Tools for Machine  DGSC                
                          Tools.                                        
3456...................  Cutting and Forming Tools  DGSC                
                          for Secondary Metal                           
                          Working Machines.                             
3460...................  Machine Tool Accessories.  DGSC                
3461...................  Accessories for Secondary  DGSC                
                          Metal Working Machinery.                      
3465...................  Production Jigs, Fixtures  DGSC                
                          and Templates.                                
3470...................  Machine Shop Sets, Kits,   DGSC                
                          and Outfits.                                  
3510...................  Laundry and Dry Cleaning   DGSC                
                          Equipment.                                    
3520...................  Shoe Repairing Equipment.  DGSC                
3530...................  Industrial Sewing          DGSC                
                          Machines & Mobile                             
                          Textile Repair Shops.                         
3610...................  Printing, Duplicating,     DGSC                
                          and Bookbinding                               
                          Equipment.                                    
3611 P \9\.............  Industrial Marking         DGSC                
                          Machines.                                     
3620 P \9\.............  Rubber and Plastics        DGSC                
                          Working Machinery.                            
3635 P \9\.............  Crystal and Glass          DGSC                
                          Industries Machinery.                         
3650 P \9\.............  Chemical & Pharmaceutical  DGSC                
                          Products Manufacturing                        
                          Machinery.                                    
3655...................  Gas Generating and         DGSC                
                          Dispensing Systems,                           
                          Fixed or Mobile.                              
3660 P \9\.............  Industrial Size Reduction  DGSC                
                          Machinery.                                    
3680 P \9\.............  Foundry Machinery,         DGSC                
                          Related Equipment and                         
                          Supplies.                                     
3685 P \9\.............  Specialized Metal          DGSC                
                          Container Manufacturing                       
                          Machinery and Related                         
                          Equipment.                                    
3693 P \9\.............  Industrial Assembly        DGSC                
                          Machines.                                     
3694 P \9\.............  Clean Work Stations,       DGSC                
                          Controlled Environment &                      
                          Related Equipment.                            
3695...................  Miscellaneous Special      DGSC                
                          Industry Machinery.                           
3710...................  Soil Preparation           DCSC                
                          Equipment.                                    
3720...................  Harvesting Equipment.....  DCSC                
3740...................  Pest, Disease, and Frost   DCSC                
                          Control Equipment.                            
3770...................  Saddlery, Harness, Whips   DCSC                
                          and Related Animal                            
                          Furnishings.                                  
3805...................  Earth Moving and           DCSC                
                          Excavating Equipment.                         
3810...................  Cranes and Crane-Shovels.  DCSC                
3815...................  Crane and Crane-Shovel     DCSC                
                          Attachments.                                  
3820...................  Mining, Rock Drilling,     DCSC                
                          Earth Boring, and                             
                          Related Equipment.                            
3825...................  Road Clearing and          DCSC                
                          Cleaning Equipment.                           
3830...................  Truck and Tractor          DCSC                
                          Attachments.                                  
3835...................  Petroleum Production and   DCSC                
                          Distribution Equipment.                       
3895...................  Miscellaneous              DCSC                
                          Construction Equipment.                       
3910...................  Conveyors................  DCSC                
3920...................  Materials Handling         DGSC                
                          Equipment, Nonself-                           
                          Propelled.                                    
3930...................  Warehouse Trucks and       DCSC                
                          Tractors, Self-Propelled.                     
3940...................  Blocks, Tackle, Rigging,   DISC                
                          and Slings.                                   
3950...................  Winches, Hoists, Cranes,   DCSC                
                          and Derricks.                                 
3990...................  Miscellaneous Materials    DGSC                
                          Handling Equipment.                           
4010...................  Chain and Wire Rope......  DISC                
4020...................  Fiber Rope, Cordage and    DISC                
                          Twine.                                        
4030...................  Fittings for Rope, Cable,  DISC                
                          and Chain.                                    
4110...................  Refrigeration Equipment..  DGSC                
4120...................  Air Conditioning           DGSC                
                          Equipment.                                    
4130...................  Refrigeration and Air      DGSC                
                          Conditioning Components.                      
4140...................  Fans, Air Circulators,     DGSC                
                          and Blower Equipment.                         
4210 P \3\.............  Fire Fighting Equipment..  DCSC                
4220...................  Marine Lifesaving and      DCSC                
                          Diving Equipment.                             
4310...................  Compressors and Vacuum     DCSC                
                          Pumps.                                        
4320...................  Power and Hand Pumps.....  DCSC                
4330...................  Centrifugals, Separators,  DCSC                
                          and Pressure and Vacuum                       
                          Filters.                                      
4440...................  Driers, Dehydrators, and   DCSC                
                          Anhydrators.                                  
4450...................  Industrial Fan and Blower  DCSC                
                          Equipment.                                    
4460...................  Air Purification           DCSC                
                          Equipment.                                    
4510...................  Plumbing Fixtures and      DCSC                
                          Accessories.                                  
4520...................  Space Heating Equipment    DCSC                
                          and Domestic Water                            
                          Heaters.                                      
4530...................  Fuel Burning Equipment     DCSC                
                          Units.                                        
4540...................  Miscellaneous Plumbing,    DCSC                
                          Heating, and Sanitation                       
                          Equipment.                                    
4610...................  Water Purification         DCSC                
                          Equipment.                                    
4620...................  Water Distillation         DCSC                
                          Equipment, Marine and                         
                          Industrial.                                   
4630...................  Sewage Treatment           DCSC                
                          Equipment.                                    
4710...................  Pipe and Tube............  DCSC                
4720...................  Hose and Tubing, Flexible  DCSC                
4730...................  Fittings and               DCSC                
                          Specialities; Hose,                           
                          Pipe, and Tube.                               
4810...................  Valves, Powered..........  DCSC                
4820...................  Valves, Nonpowered.......  DCSC                
4930...................  Lubrication and Fuel       DCSC                
                          Dispensing Equipment.                         
5280...................  Sets, Kits, and Outfits    DGSC                
                          of Measuring Tools.                           
5305...................  Screws...................  DISC                
5306...................  Bolts....................  DISC                
5307...................  Studs....................  DISC                
5310...................  Nuts and Washers.........  DISC                
5315...................  Nails, Keys, and Pins....  DISC                
5320...................  Rivets...................  DISC                
5325...................  Fastening Devices........  DISC                
5330...................  Packing and Gasket         DISC                
                          Materials.                                    
5335...................  Metal Screening..........  DISC                
5340...................  Miscellaneous Hardware...  DISC                
5355...................  Knobs and Pointers.......  DISC                
5360...................  Coil, Flat and Wire        DISC                
                          Springs.                                      
5365...................  Rings, Shims, and Spacers  DISC                
5410...................  Prefabricated and          DCSC                
                          Portable Buildings.                           

[[Page 197]]

                                                                        
5420...................  Bridges, Fixed and         DCSC                
                          Floating.                                     
5430...................  Storage Tanks............  DCSC                
5440...................  Scaffolding Equipment and  DCSC                
                          Concrete Forms.                               
5445...................  Prefabricated Tower        DCSC                
                          Structures.                                   
5450...................  Miscellaneous              DCSC                
                          Prefabricated Structures.                     
5510...................  Lumber and Related Basic   DCSC                
                          Wood Materials.                               
5520...................  Millwork.................  DCSC                
5530...................  Plywood and Veneer.......  DCSC                
5660...................  Fencing, Fences and Gates  DCSC                
5680 P.................  Miscellaneous              DCSC                
                          Construction Materials.                       
                         This partial assignment                        
                          applies only to airplane                      
                          landing mat. (Also, see                       
                          footnote 1 at end of                          
                          list relative to                              
                          purchase of DLA managed                       
                          items in GSA assigned                         
                          classes.).                                    
5905...................  Resistors................  DESC                
5910...................  Capacitors...............  DESC                
5915...................  Filters and Networks.....  DESC                
5920...................  Fuses and Lightning        DESC                
                          Arrestors.                                    
5925...................  Circuit Breakers.........  DESC                
5930...................  Switches.................  DESC                
5935...................  Connectors, Electrical...  DESC                
5940...................  Lugs, Terminals, and       DGSC                
                          Terminals Strips.                             
5945...................  Relays, Contractors, and   DESC                
                          Solenoids.                                    
5950...................  Coils and Transformers...  DESC                
5955...................  Piezoelectric Crystals...  DESC                
5960...................  Electron Tubes and         DESC                
                          Associated Hardware.                          
5961...................  Semiconductor Devices and  DESC                
                          Associated Hardware.                          
5962...................  Microelectronic Circuit    DESC                
                          Devices.                                      
5965...................  Headsets, Handsets,        DESC                
                          Microphones, and                              
                          Speakers.                                     
5970...................  Electrical Insulators and  DGSC                
                          Insulating Materials.                         
5975...................  Electrical Hardware and    DGSC                
                          Supplies.                                     
5977...................  Electrical Contact         DGSC                
                          Brushes and Electrodes.                       
5985...................  Antennas, Waveguides, and  DESC                
                          Related Equipment.                            
5990...................  Synchros and Resolvers...  DESC                
5995...................  Cable, Cord, and Wire      DGSC                
                          Assemblies;                                   
                          Communication Equipment.                      
5999...................  Miscellaneous Electrical   DESC                
                          and Electronic                                
                          Components.                                   
6105...................  Motors, Electrical.......  DGSC                
6110...................  Electrical Control         DGSC                
                          Equipment.                                    
6115 P \8\.............  Generators and Generator   DGSC                
                          Sets, Electrical.                             
6120...................  Transformers;              DGSC                
                          Distribution and Power                        
                          Station.                                      
6145...................  Wire and Cable,            DISC                
                          Electrical.                                   
6150...................  Miscellaneous Electric     DGSC                
                          Power and Distribution                        
                          Equipment.                                    
6210...................  Indoor and Outdoor         DGSC                
                          Electric Lighting                             
                          Fixtures.                                     
6220...................  Electric Vehicular Lights  DGSC                
                          and Fixtures.                                 
6230...................  Electric Portable and      DGSC                
                          Hand Lighting Equipment.                      
6240...................  Electric Lamps...........  DGSC                
6250...................  Ballasts, Lampholders and  DGSC                
                          Starters.                                     
6260...................  Nonelectrical Lighting     DGSC                
                          Fixtures.                                     
6350...................  Miscellaneous Alarm and    DGSC                
                          Signal Systems.                               
6505 \4\...............  Drugs, Biologicals, and    DPSC                
                          Official Reagents.                            
6508 \4\...............  Medicated Cosmetics and    DPSC                
                          Toiletries.                                   
6510 \4\...............  Surgical Dressing          DPSC                
                          Materials.                                    
6515 \4\...............  Medical and Surgical       DPSC                
                          Instruments, Equipment                        
                          and Supplies.                                 
6520 \4\...............  Dental Instruments,        DPSC                
                          Equipment and Supplies.                       
6525 \4\...............  X-Ray Equipment and        DPSC                
                          Supplies; Medical,                            
                          Dental and Veterinary.                        
6530 \4\...............  Hospital Furniture,        DPSC                
                          Equipment, Utensils, and                      
                          Supplies.                                     
6532...................  Hospital and Surgical      DPSC                
                          Clothing and Textile                          
                          Special Purpose Items.                        
6540 \4\...............  Opticians' Instruments,    DPSC                
                          Equipment and Supplies.                       
6545 \4\...............  Medical Sets, Kits, and    DPSC                
                          Outfits.                                      
6630...................  Chemical Analysis          DPSC                
                          Instruments.                                  
6635...................  Physical Properties        DGSC                
                          Testing Equipment.                            
6640...................  Laboratory Equipment and   DPSC                
                          Supplies.                                     
6655...................  Geophysical and            DGSC                
                          Astronomical Instruments.                     
6670...................  Scales and Balances......  DGSC                
6675...................  Drafting, Surveying, and   DGSC                
                          Mapping Instruments.                          
6680...................  Liquid and Gas Flow,       DGSC                
                          Liquid Level and                              
                          Mechanical Motion                             
                          Measuring Instruments.                        
6750...................  Photographic Supplies....  DGSC                
6810 \7\...............  Chemicals................  DFSC & DGSC         
6820...................  Dyes.....................  DGSC                
6830...................  Gases; Compressed and      DGSC                
                          Liquified.                                    
6840...................  Pest Control Agents and    DGSC                
                          Disinfectants.                                
6850 \7\...............  Miscellaneous Chemical     DFSC & DGSC         
                          Specialties.                                  
7210...................  Household Furnishings....  DPSC                
7310...................  Food Cooking, Baking, and  DGSC                
                          Serving Equipment.                            
7320...................  Kitchen Equipment and      DGSC                
                          Appliances.                                   
7360...................  Sets, Kits, and Outfits;   DGSC                
                          Food Preparation and                          
                          Serving.                                      
7610...................  Books and Pamphlets......  DGSC                
7660...................  Sheet and Book Music.....  DGSC                
7690...................  Miscellaneous Printed      DGSC                
                          Matter.                                       
8110...................  Drums and Cans...........  DGSC                
8120...................  Commercial and Industrial  DGSC                
                          Gas Cylinders.                                
8125...................  Bottles and Jars.........  DGSC                
8305...................  Textile Fabrics..........                      
                         FSC 8305 does not include  DPSC                
                          laminated cloth used                          
                          exclusively in the                            
                          repair of lighter than                        
                          air envelopes.                                
8310...................  Yarn and Thread..........  DPSC                
8315...................  Notions and Apparel                            
                          Findings.                                     

[[Page 198]]

                                                                        
                         FSC 8315 does not include  DPSC                
                          coated cloth tape used                        
                          exclusively in the                            
                          repair of lighter than                        
                          air envelopes.                                
8320...................  Padding and Stuffing       DPSC                
                          Materials.                                    
8325...................  Fur Materials............  DPSC                
8330...................  Leather..................  DPSC                
8335...................  Shoe Findings and Soling   DPSC                
                          Materials.                                    
8340...................  Tents and Tarpaulins.....  DPSC                
8345...................  Flags and Pennants.......  DPSC                
8405...................  Outerwear, Men's.........  DPSC                
8410...................  Outerwear, Women's.......  DPSC                
8415...................  Clothing, Special Purpose                      
                         FSC 8415 includes all      DPSC                
                          submarine clothing.                           
8420...................  Underwear and Nightwear,   DPSC                
                          Men's.                                        
8425...................  Underwear and Nightwear,   DPSC                
                          Women's.                                      
8430...................  Footwear, Men's..........  DPSC                
8435...................  Footwear, Women's........  DPSC                
8440...................  Hosiery, Handwear, and     DPSC                
                          Clothing Accessories,                         
                          Men's.                                        
8445...................  Hosiery, Handwear, and     DPSC                
                          Clothing Accessories,                         
                          Women's.                                      
8450...................  Children's and Infant's    DPSC                
                          Apparel and Accessories.                      
8455...................  Badges and Insignia......  DPSC                
8460...................  Luggage..................  DPSC                
8465...................  Individual Equipment.....  DPSC                
8470...................  Armor, Personal..........  DPSC                
8475...................  Specialized Flight         DPSC                
                          Clothing and Accessories.                     
8905 \5\...............  Meat, Poultry, and Fish..  DPSC                
8910 \5\...............  Dairy Foods and Eggs.....  DPSC                
8915 \5\...............  Fruits and Vegetables....  DPSC                
8920 \5\...............  Bakery and Cereal          DPSC                
                          Products.                                     
8925 \5\...............  Sugar, Confectionery, and  DPSC                
                          Nuts.                                         
8930 \5\...............  Jams, Jellies, and         DPSC                
                          Preserves.                                    
8935 \5\...............  Soups and Bouillons......  DPSC                
8940 \5\...............  Special Dietary Foods and  DPSC                
                          Food Specialty                                
                          Preparations.                                 
8945 \5\...............  Food Oils and Fats.......  DPSC                
8950 \5\...............  Condiments and Related     DPSC                
                          Products.                                     
8955 \5\...............  Coffee, Tea, and Cocoa...  DPSC                
8960 \5\...............  Beverages, Nonalcoholic..  DPSC                
8970 \5\...............  Composite Food Packages..  DPSC                
8975 \5\...............  Tobacco Products.........  DPSC                
9110...................  Fuels, Solid.............  DFSC                
9130...................  Liquid Propellants and     DFSC                
                          Fuels, Petroleum Base.                        
9140...................  Fuel Oils................  DFSC                
9150...................  Oils and Greases;          DFSC                
                          Cutting, Lubricating,                         
                          and Hydraulic.                                
9160...................  Miscellaneous Waxes,       DFSC                
                          Oils, and Fats.                               
9320...................  Rubber Fabricated          DGSC                
                          Materials.                                    
9330...................  Plastic Fabricated         DGSC                
                          Materials.                                    
9340...................  Glass Fabricated           DGSC                
                          Materials.                                    
9350...................  Refractories and Fire      DGSC                
                          Surfacing Materials.                          
9390...................  Miscellaneous Fabricated   DGSC                
                          Nonmetallic Materials.                        
9420 P.................  Fibers; Vegetable,         DPSC                
                          Animal, and Synthetic.                        
                         This partial FSC                               
                          assignment applies only                       
                          to raw cotton and raw                         
                          wool.                                         
9430 P.................  Miscellaneous Crude        DPSC                
                          Animal Products,                              
                          Inedible.                                     
                         This partial assignment                        
                          applies only to crude                         
                          hides.                                        
9505...................  Wire, Nonelectrical, Iron  DISC                
                          and Steel.                                    
9510...................  Bars and Rods, Iron and    DISC                
                          Steel.                                        
9515...................  Plate, Sheet, and Strip,   DISC                
                          Iron and Steel.                               
9520...................  Structural Shapes, Iron    DISC                
                          and Steel.                                    
9525...................  Wire, Nonelectrical,       DISC                
                          Nonferrous Base Metal.                        
9530...................  Bars and Rods, Nonferrous  DISC                
                          Base Metal.                                   
9535...................  Plate, Sheet, Strip, and   DISC                
                          Foil, Nonferrous Base                         
                          Metal.                                        
9540...................  Structural Shapes,         DISC                
                          Nonferrous Base Metal.                        
9545...................  Plate, Sheet, Strip, Foil  DISC                
                          and Wire, Precious Metal.                     
9620 P.................  Minerals, Natural and      DFSC                
                          Synthetic.                                    
                         This partial assignment                        
                          applies only to crude                         
                          petroleum and crude                           
                          shale oil.                                    
9925...................  Ecclesiastical Equipment,  DGSC                
                          Furnishings and Supplies.                     
9930...................  Memorials, Cemeterial and  DGSC                
                          Mortuary Equipment and                        
                          Supplies.                                     
9999...................  Miscellaneous Items......  DGSC                
------------------------------------------------------------------------
Footnotes:                                                              
\1\ These assignments do not apply to items decentralized by the DLA    
  Center Commander, i.e., designated for purchase by each military      
  department, and to those items in DLA assigned federal supply classes,
  which may be assigned to GSA for supply management. In addition, see  
  subpart 208.70 which describes conditions under which a military      
  service may purchase (contract for) military service supply managed   
  items in DLA assigned federal supply classes. See notes 2 and 3 for   
  further exceptions pertaining to certain DLA assignments.             
\2\ DLA assignments in FSC 2510, 2520, 2530, 2540, 2590, 2805, 2910,    
  2920, 2930, 2940, and 2990 do not apply to repair parts peculiar to   
  combat and tactical vehicles, which are assigned for coordinated      
  acquisition to the Department of the Army. In addition, the assignment
  in FSC 2805 does not apply to military standard engines 1.5 HP through
  20 HP and parts peculiar therefor, which are assigned for coordinated 
  acquisition to the Department of the Army.                            
\3\ This partial FSC assignment in FSC 4210 does not apply to Fire      
  Fighting Equipment developed by or under the sponsorship of a military
  department. The contracting responsibility for such equipment is      
  assigned to the department which developed or sponsored its           
  development.                                                          
\4\ DLA has contracting responsibility for all the items in the classes 
  of FS Group 65. In addition, DLA has contracting responsibility for   
  all equipment and supplies related to the medical, dental, veterinary 
  professions in Non-group 65 classes where the military medical        
  services have the sole or prime interest in such items. The specific  
  item coverage of these Non-group 65 items is published in the DoD     
  section of the Federal Supply Catalog for medical material C3-1       
  through C3-12, inclusive.                                             
\5\ This assignment includes health and comfort items listed in AR 700- 
  23. It also includes resale items for commissary stores (including    
  brand name items).                                                    
\6\ DLA centers are identified as follows--DCSC--Defense Construction   
  Supply Center; DESC--Defense Electronics Supply Center; DFSC--Defense 
  Fuel Supply Center; DGSC--Defense General Supply Center; DISC--Defense
  Industrial Supply Center; DPSC--Defense Personnel Support Center.     
\7\ DFSC is responsible for contracting for only petroleum base items in
  FSC 6810 and 6850.                                                    

[[Page 199]]

                                                                        
\8\ This partial FSC assignment in FSC 6115 does not apply to Mobile    
  Electric Power Generating Sources (MEPGS). The contracting direction  
  responsibility for MEPGS is assigned to the DoD Project Manager,      
  Mobile Electric Power, by DoDD 4120.11. DoD components desiring to use
  other than the DoD Standard Family of Generator Sets, contained in MIL-
  STD 633, shall process a Request for Deviation in accordance with     
  Joint Operating Procedures, AR 700-101, AFR 400-50, NAVMATINST        
  4120.100A, MCO 11310.8c and DLAR 4120.7, Subject: Management and      
  Standardization of Mobile Electric Power Generating Sources, prior to 
  initiating an acquisition.                                            
\9\ This partial assignment applies only to secondary items not         
  otherwise assigned, as listed in the applicable Federal Supply Catalog
  Management Data lists of each respective service.                     



           Part 5--Defense Special Weapons Agency Assignments

------------------------------------------------------------------------
     Federal supply class code                    Commodity             
------------------------------------------------------------------------
1105..............................  Nuclear Bombs.                      
1110..............................  Nuclear Projectiles.                
1115..............................  Nuclear Warheads and Warhead        
                                     Sections.                          
1125..............................  Nuclear Demolition Charges.         
1127..............................  Nuclear Rockets.                    
1130..............................  Conversion Kits, Nuclear Ordnance.  
1135..............................  Fuzing and Firing Devices, Nuclear  
                                     Ordnance.                          
1140..............................  Nuclear Components.                 
1145..............................  High Explosive Charges, Propellants,
                                     and Detonators; Nuclear Ordnance.  
1190..............................  Specialized Test and Handling       
                                     Equipment, Nuclear Ordnance.       
1195..............................  Miscellaneous Nuclear Ordnance.     
                                    In addition to the above,           
                                     assignments to DSWA include all    
                                     items for which DSWA has integrated
                                     management responsibility in       
                                     accordance with DoD Directive      
                                     5105.31.                           
------------------------------------------------------------------------

           Part 6--General Services Administration Assignments

------------------------------------------------------------------------
     Federal supply class code                    Commodity             
------------------------------------------------------------------------
2310 P............................  Passenger Motor Vehicles.           
2320 P............................  Trucks and Truck Tractors.          
                                    These two partial assignments apply 
                                     to all commercial, non-tactical,   
                                     passenger carrying vehicles and    
                                     trucks except the following types  
                                     which are assigned for DoD         
                                     Coordinated Acquisition to the     
                                     Department of the Army--           
                                      Bus, convertible to ambulance.    
                                      Truck, 4 x 4, convertible to      
                                     ambulance.                         
                                      Truck, 4 x 4, dump, 9,000 pounds  
                                     GVW, with cut-down cab.            
                                    (See Army Coordinated Acquisition   
                                     assignments in FSC 2310 and 2320). 
3540..............................  Wrapping and Packaging Machinery.   
3550..............................  Vending and Coin Operated Machines. 
3590..............................  Miscellaneous Service and Trade     
                                     Equipment.                         
3750..............................  Gardening Implements and Tools.     
5110..............................  Hand Tools, Edged, Nonpowered.      
5120..............................  Hand Tools, Nonedged, Nonpowered.   
5130..............................  Hand Tools, Power Driven.           
5133..............................  Drill Bits, Counterbores, and       
                                     Countersinks; Hand and Machine.    
5136..............................  Taps, Dies, and Collects; Hand and  
                                     Machine.                           
5140..............................  Tool and Hardware Boxes.            
5180..............................  Sets, Kits, and Outfits of Hand     
                                     Tools.                             
5210..............................  Measuring Tools, Craftmen's.        
5345..............................  Disks and Stones, Abrasive.         
5350..............................  Abrasive Materials.                 
5610..............................  Mineral Construction Materials,     
                                     Bulk.                              
5620..............................  Building Glass, Tile, Brick, and    
                                     Block.                             
5630..............................  Pipe and Conduit, Nonmetallic.      
5640..............................  Wallboard, Building Paper, and      
                                     Thermal Insulation Materials.      
5650..............................  Roofing and Siding Materials.       
5670..............................  Architectural and Related Metal     
                                     Products.                          
5680 P\1\.........................  Miscellaneous Construction          
                                     Materials.                         
7105..............................  Household Furniture.                
7110..............................  Office Furniture.                   
7125..............................  Cabinets, Lockers, Bins, and        
                                     Shelving.                          
7195..............................  Miscellaneous Furniture and         
                                     Fixtures.                          
7220..............................  Floor Coverings.                    
7230..............................  Draperies, Awnings, and Shades.     
7240..............................  Household and Commercial Utility    
                                     Containers.                        
------------------------------------------------------------------------
NOTE: (``P'' after FSC number indicates partial FSC assignment.)        
-----------------------------------                                     
7290..............................  Miscellaneous Household and         
                                     Commercial Furnishings and         
                                     Appliances.                        
7330..............................  Kitchen Hand Tools and Utensils.    
7340..............................  Cutlery and Flatware.               
7350..............................  Tableware.                          
7410..............................  Punched Card System Machines.       
7420..............................  Accounting and Calculating Machines.
7430..............................  Typewriters and Office-type         
                                     Composing Machines.                
                                    This assignment does not apply to   
                                     machines controlled by the         
                                     Congressional Joint Committee on   
                                     Printing.                          
7450..............................  Office-type Sound Recording and     
                                     Reproducing Machines.              
7460..............................  Visible Record Equipment.           
7490..............................  Miscellaneous Office Machines.      
                                    This assignment does not apply to   
                                     equipment controlled by the        
                                     Congressional Joint Committee on   
                                     Printing.                          
7510..............................  Office Supplies.                    
                                    This assignment does not apply to   
                                     office supplies, including special 
                                     inks, when DoD requirements of such
                                     items are acquired through         
                                     Government Printing Office         
                                     channels.                          
7520..............................  Office Devices and Accessories.     
                                    This assignment does not apply to   
                                     office devices and accessories when
                                     DoD requirements of such items are 
                                     acquired through Government        
                                     Printing Office channels.          
7530..............................  Stationery and Record Forms.        
                                    This assignment does not apply to   
                                     stationery and record forms when   
                                     DoD requirements of such items are 
                                     acquired through Government        
                                     Printing Office channels including 
                                     those items covered by term        
                                     contracts issued by GPO for        
                                     tabulating cards and marginally    
                                     punched continuous forms.          
7710..............................  Musical Instruments.                
7720..............................  Musical Instrument Parts and        
                                     Accessories.                       
7730..............................  Phonographs, Radios, and Television 
                                     Sets; Home Type.                   
7740..............................  Phonograph Records.                 
7810..............................  Athletic and Sporting Equipment.    
7820..............................  Games, Toys, and Wheeled Goods.     
7830..............................  Recreational and Gymnastic          
                                     Equipment.                         
7910..............................  Floor Polishers and Vacuum Cleaning 
                                     Equipment.                         
7920..............................  Brooms, Brushes, Mops, and Sponges. 
7930..............................  Cleaning and Polishing Compounds and
                                     Preparations.                      

[[Page 200]]

                                                                        
8010..............................  Paints, Dopes, Varnishes, and       
                                     Related Products.                  
8020..............................  Paint and Artists Brushes.          
8030..............................  Preservative and Sealing Compounds. 
8040..............................  Adhesives.                          
8105..............................  Bags and Sacks.                     
8115..............................  Boxes, Cartons and Crates.          
8135..............................  Packaging and Packing Bulk          
                                     Materials.                         
8510..............................  Perfumes, Toilet Preparations and   
                                     Powders.                           
8520..............................  Toilet Soap, Shaving Preparations   
                                     and Dentifrices.                   
8530..............................  Personal Toiletry Articles.         
8540..............................  Toiletry Paper Products.            
8710..............................  Forage and Feed.                    
8720..............................  Fertilizers.                        
8730..............................  Seeds and Nursery Stock.            
9310..............................  Paper and Paperboard.               
9905..............................  Signs, Advertising Displays, and    
                                     Identification Plates.             
9910..............................  Jewelry.                            
9915..............................  Collector's Items.                  
9920..............................  Smokers' Articles and Matches.      
------------------------------------------------------------------------
Footnotes: These GSA assignments do not apply to items as described     
  under FSC 7430, 7490, 7510, 7520, and 7530, and those items in the GSA
  assigned federal supply classes which have been retained for DLA      
  supply management as listed in the applicable Federal Supply Catalog  
  Management Data lists. In addition, see subpart 208.70 which describes
  conditions under which a military service may contract for military   
  service managed items in GSA assigned federal supply classes.         
\1\ This partial FSC assignment does not include landing mats which are 
  assigned to the Defense Logistics Agency.                             


[56 FR 36577, July 31, 1991, as amended at 57 FR 42634, Sept. 15, 1992; 
58 FR 28475, May 13, 1993; 58 FR 37868, July 14, 1993; 59 FR 27678, May 
27, 1994; 61 FR 50456, Sept. 26, 1996]

                          Appendix C [Reserved]

                     Appendix D--Component Breakout

Sec.
D-100  Scope.
D-101  Definition.
D-102  Policy.
D-103  Responsibility.
D-104  Procedures.
D-105  Records.

    Authority; 41 U.S.C. 421 and FAR Subpart 1.3.
D-100  Scope.
    (a) This appendix provides policy and procedures for breaking out 
components of end items for future acquisitions so that the Government 
can purchase the components directly from the manufacturer or supplier 
and furnish them to the end item manufacturer as Government-furnished 
material.
    (b) This appendix does not apply to--
    (1) The initial decisions on Government-furnished equipment/
contractor-furnished equipment that are made at the inception of an 
acquisition program; or
    (2) Breakout of parts for replenishment (see Appendix E).
D-101  Definition.
    Component, as used in this appendix, includes subsystems, 
assemblies, subassemblies, and other major elements of an end item; it 
does not include elements of relatively small annual acquisition value.
D-102  Policy.
    DoD policy is to breakout components of weapons systems or other 
major end items under certain circumstances.
    (a) When it is anticipated that a prime contract will be awarded 
without adequate price competition, and the prime contractor is expected 
to acquire any component without adequate price competition, breakout 
that component if--
    (1) Substantial net cost savings probably will be achieved; and
    (2) Breakout action will not jeopardize the quality, reliability, 
performance, or timely delivery of the end item.
    (b) Even when either or both the prime contract and the component 
will be acquired with adequate price competition, consider breakout of 
the component if substantial net cost savings will result from--
    (1) Greater quantity acquisitions; or
    (2) Such factors as improved logistics support (through reduction in 
varieties of spare parts) and economies in operations and training 
(through standardization of design).
    (c) Breakout normally is not justified for a component that is not 
expected to exceed $1 million for the current year's requirement.
D-103  Responsibility.
    (a) Agencies are responsible for ensuring that--
    (1) Breakout reviews are performed on components meeting the 
criteria in D-102(a) and (b);
    (2) Components susceptible to breakout are earmarked for 
consideration in future acquisitions;
    (3) Components earmarked for breakout are considered during 
requirements determination and appropriate decisions are made; and
    (4) Components are broken out when required.
    (b) The program manager or other official responsible for the 
material program concerned is responsible for breakout selection, 
review, and decision.
    (c) The contracting officer or buyer and other specialists (e.g., 
small business specialist, engineering, production, logistics, and 
maintenance) support the program manager in implementing the breakout 
program.
D-104  Procedures.
    (a) A breakout review and decision includes--

[[Page 201]]

    (1) An assessment of the potential risks to the end item from 
possibilities such as delayed delivery and reduced reliability of the 
component;
    (2) A calculation of estimated net cost savings (i.e., estimated 
acquisition savings less any offsetting costs); and
    (3) An analysis of the technical, operational, logistics, and 
administrative factors involved.
    (b) The decision must be supported by adequate explanatory 
information, including an assessment by the end item contractor when 
feasible.
    (c) The following questions should be used in the decision process--
    (1) Is the end item contractor likely to do further design or 
engineering effort on the component?
    (2) Is a suitable data package available with rights to use it for 
Government acquisition? (Note that breakout may be warranted even though 
competitive acquisition is not possible.)
    (3) Can any quality control and reliability problems of the 
component be resolved without requiring effort by the end item 
contractor?
    (4) Will the component require further technical support (e.g., 
development of specifications, testing requirements, or quality 
assurance requirements)? If so, does the Government have the resources 
(manpower, technical competence, facilities, etc.) to provide such 
support? Or, can the support be obtained from the end item contractor 
(even though the component is broken out) or other source?
    (5) Will breakout impair logistics support (e.g., by jeopardizing 
standardization of components)?
    (6) Will breakout unduly fragment administration, management, or 
performance of the end item contract (e.g., by complicating production 
scheduling or preventing identification of responsibility for end item 
failure caused by a defective component)?
    (7) Can breakout be accomplished without jeopardizing delivery 
requirements of the end item?
    (8) If a decision is made to breakout a component, can advance 
acquisition funds be made available to provide the new source any 
necessary additional lead time?
    (9) Is there a source other than the present manufacturer capable of 
supplying the component?
    (10) Has the component been (or is it going to be) acquired directly 
by the Government as a support item in the supply system or as 
Government-furnished equipment in other end items?
    (11) Will the financial risks and other responsibilities assumed by 
the Government after breakout be acceptable?
    (12) Will breakout result in substantial net cost savings? Develop 
estimates of probable savings in cost considering all offsetting costs 
such as increases in the cost of requirements determination and control, 
contracting, contract administration, data package purchase, material 
inspection, qualification or preproduction testing, ground support and 
test equipment, transportation, security, storage, distribution, and 
technical support.
    (d) If answers to the questions reveal conditions unfavorable to 
breakout, the program manager should explore whether the unfavorable 
conditions can be eliminated. For example, where adequate technical 
support is not available from Government resources, consider contracting 
for the necessary services from the end item contractor or other 
qualified source.
D-105  Records.
    (a) The contracting activity shall maintain records on components 
reviewed for breakout. Records should evidence whether the components--
    (1) Have no potential for breakout;
    (2) Have been earmarked as potential breakout candidates;
    (3) Have been, or will be, broken out.
    (b) The program manager or other designated official must sign the 
records.
    (c) Records must reflect the facts and conditions of the case, 
including any assessment by the contractor, and the basis for the 
decision. The records must contain the assessments, calculations, and 
analyses discussed in D-104, including the trade-off analysis between 
savings and increased risk to the Government because of responsibility 
for Government-furnished equipment.

[56 FR 36594, July 31, 1991, as amended at 57 FR 42634, Sept. 15, 1992; 
58 FR 37868, July 14, 1993]

              Appendix E--DOD Spare Parts Breakout Program

Sec.

                             Part 1--General

E-100  Scope.
E-101  Applicability.
E-102  General.
E-103  Definitions.
    E-103.1  Acquisition Method Code (AMC).
    E-103.2  Acquisition Method Code Conference.
    E-103.3  Acquisition Method Suffix Code (AMSC).
    E-103.4  Actual Manufacturer.
    E-103.5  Altered Item Drawing.
    E-103.6  Annual Buy Quantity.
    E-103.7  Annual Buy Value (ABV).
    E-103.8  Bailment.
    E-103.9  Breakout.
    E-103.10  Competition.
    E-103.11  Contractor Technical Information Code (CTIC).

[[Page 202]]

    E-103.12  Design Control Activity.
    E-103.13  Direct Purchase.
    E-103.14  Engineering Drawings.
    E-103.15  Extended Dollar Value.
    E-103.16  Full and Open Competition.
    E-103.17  Full Screening.
    E-103.18  Immediate (Live) Buy.
    E-103.19  Life Cycle Buy Value.
    E-103.20  Limited Competition.
    E-103.21  Limited Screening.
    E-103.22  Manufacture.
    E-103.23  Prime Contractor.
    E-103.24  Provisioning.
    E-103.25  Qualification.
    E-103.26  Replenishment Part.
    E-103.27  Reverse Engineering.
    E-103.28  Selected Item Drawing.
    E-103.29  Source.
    E-103.30  Source Approval.
    E-103.31  Source Control Drawing.
    E-103.32  Technical Data.
E-104  General Policies.
E-105  Responsibilities.

                         Part 2--Breakout Coding

E-200  Scope.
E-201  Coding.
    E-201.1  Acquisition Method Codes.
    E-201.2  Acquisition Method Suffix Codes.
    E-201.3  Contractor Technical Information Codes.
E-202  Assignment of Codes.
E-203  Improving Part Status.
E-204  Communication of Codes.
    E-204.1  Communication Media.
    E-204.2  Responsibilities.

        Part 3--Identification, Selection, and Screening of Parts

E-300  General.
E-301  Identification and Selection Procedures.
    E-301.1  Parts Entering the Inventory.
    E-301.2  Annual Buy Forecasts.
    E-301.3  Immediate Buy Requirements.
    E-301.4  Suspect AMC/AMSC.
E-302  Screening.
E-303  Full Screening Procedures.
    E-303.1  Data Collection Phase (Step 1).
    E-303.2  Data Evaluation Phase (Steps 2-14).
    E-303.3  Data Completion Phase (Steps 15-21).
    E-303.4  Technical Evaluation Phase (Steps 22-37).
    E-303.5  Economic Evaluation Phase (Steps 38-56).
    E-303.6  Supply Feedback Phase (Steps 57-65).
E-304  Limited Screening Procedures.

                     Part 4--Contractor's Assistance

E-400  General.
E-401  Contractor's Technical Evaluation Procedures.

                        Part 5--Reporting System

E-500  General.
E-501  Reports.
E-502  Reporting Procedures.
E-503  Reporting Instructions.

                                Exhibits

Exhibit I Valid AMC/AMSC Combinations
Exhibit II Full Screening Decision Process Summary Flow Charts
Exhibit III Limited Screening Decision Process Summary Flow Charts
Exhibit IV Spare Parts Breakout Screening Report
Exhibit V Spare Parts Acquisition Report

    Authority; 41 U.S.C. 421 and 48 CFR chapter 1.

                             Part 1--General

E-100  Scope.
    This appendix established the DoD Spare Parts Breakout Program and 
provides uniform policies and procedures for management and conduct of 
the program within and between the departments and agencies.
E-101  Applicability.
    (a) This appendix applies to--
    (1) Any centrally managed replenishment or provisioned part 
(hereinafter referred to as ``part'') for military systems and 
equipment; and
    (2) All DoD personnel involved with design control, acquisition, and 
management of such parts including, but not limited to, project/program/
system managers, technical personnel, contracting officers, legal 
counsel, inventory managers, inspectors, and small business specialists 
and technical advisors.
    (b) This appendix does not apply to--
    (1) Component breakout (see Appendix D);
    (2) Foreign military sale peculiar items;
    (3) Insurance items (e.g., one-time buy);
    (4) Obsolete items;
    (5) Phase out items (e.g., life of type buy);
    (6) Items with annual buy values below the thresholds developed by 
DoD components or field activities;
    (7) Parts being acquired under other specifically defined initial 
support programs; or
    (8) Parts acquired through local purchase.
E-102  General.
    (a) Significant resources are dedicated to the acquisition and 
management of parts for military systems and equipment. The ability to 
competitively buy spares must be considered early in a weapon system 
acquisition. Initially, repairable or consumable parts are identified 
and acquired through a provisioning process; repairable or consumable 
parts acquired thereafter are for replenishment.

[[Page 203]]

    (b) The objective of the DoD Spare Parts Breakout Program is to 
reduce costs through the use of competitive procurement methods, or the 
purchase of parts directly from the actual manufacturer rather than the 
prime contractor, while maintaining the integrity of the systems and 
equipment in which the parts are to be used. The program is based on the 
application of sound management and engineering judgement in--
    (1) Determining the feasibility of acquiring parts by competitive 
procedures or direct purchase from actual manufacturers; and
    (2) Overcoming or removing constraints to breakout identified 
through the screening process (technical review) described in E-302.
    (c) This Appendix sets forth procedures to screen and code parts in 
order to provide contracting officers summary information regarding 
technical data and sources of supply to meet the Government's minimum 
requirements. This information assists the contracting officer in 
selecting the method of contracting, identifying sources of supply, and 
making other decisions in the preaward and award phases, with 
consideration for established parameters of system and equipment 
integrity, readiness, and the opportunities to competitively acquire 
parts (see FAR/DFARS Part 6). The identification of sources for parts, 
for example, requires knowledge of manufacturing sources, additional 
operations performed after manufacture of parts possessing safety or 
other critical characteristics, and the availability of technical data.
    (d) The result of the screening process (technical review is 
indicated by an acquisition method code (AMC) and an acquisition method 
suffix code (AMSC). This program provides procedures for both the 
initial assignment of an AMC and an AMSC to a part, and for the 
recurring review of these codes (see E-202 and E-203(b)(1)).
E-103  Definitions.
E-103.1  Acquisition method code (AMC).
    A single digit numeric code, assigned by a DoD activity, to describe 
to the contracting officer and other Government personnel the results of 
a technical review of a part and its suitability for breakout.
E-103.2  Acquisition method code conference.
    A conference which is generally held at the contractor's facility 
for the purpose of reviewing contractor technical information codes 
(CTICs) and corresponding substantiating data for breakout.
E-103.3  Acquisition method suffix code (AMSC).
    A single digit alpha code, assigned by a DoD activity, which 
provides the contracting officer and other Government personnel with 
engineering, manufacturing, and technical information.
E-103.4  Actual manufacturer.
    An individual, activity, or organization that performs the physical 
fabrication processes that produce the deliverable part or other items 
of supply for the Government. The actual manufacturer must produce the 
part in-house. The actual manufacturer may or may not be the design 
control activity.
E-103.5  Altered item drawing.
    See current version of DoD STD-100, paragraphs 201.4.4 and 703.
E-103.6  Annual buy quantity.
    The forecast quantity of a part required for the next 12 months.
E-103.7  Annual buy value (ABV).
    The annual buy quantity of a part multiplied by its unit price.
E-103.8  Bailment.
    The process whereby a part is loaned to a recipient with the 
agreement that the part will be returned at an appointed time. The 
government retains legal title to such material even though the 
borrowing organization has possession during the stated period.
E-103.9  Breakout.
    The improvement of the acquisition status of a part resulting from a 
technical review and a deliberate management decision. Examples are--
    (a) The competitive acquisition of a part previously purchased 
noncompetitively; and
    (b) The direct purchase of a part previously purchased from a prime 
contractor who is not the actual manufacturer of the part.
E-103.10  Competition.
    A contract action where two or more responsible sources, acting 
independently, can be solicited to satisfy the Government's requirement.
E-103.11  Contractor technical information code (CTIC).
    A two digit alpha code assigned to a part by a prime contractor to 
furnish specific information regarding the engineering, manufacturing, 
and technical aspects of that part.

[[Page 204]]

E-103.12  Design control activity.
    A contractor or Government activity having responsibility for the 
design of a given part, and for the preparation and currency of 
engineering drawings and other technical data for that part. The design 
control activity may or may not be the actual manufacturer. The design 
control activity is synonymous with design activity as used by DoD STD-
100.
E-103.13  Direct purchase.
    The acquisition of a part from the actual manufacturer, including a 
prime contractor who is an actual manufacturer of the part.
E-103.14  Engineering drawings.
    See current versions of DoD STD-100 and DoDD 1000.
E-103.15  Extended dollar value.
    The contract unit price of a part multiplied by the quantity 
purchased.
E-103.16  Full and open competition.
    A contract action where all responsible sources are permitted to 
compete.
E-103.17  Full screening.
    A detailed parts breakout process, including data collection, data 
evaluation, data completion, technical evaluation, economic evaluation, 
and supply feedback, used to determine if parts can be purchased 
directly from the actual manufacturer(s) or can be competed.
E-103.18  Immediate (live) buy.
    A buy which must be executed as soon as possible to prevent 
unacceptable equipment readiness reduction, unacceptable disruption in 
operational capability, and increased safety risks, or to avoid other 
costs.
E-103.19  Life cycle buy value.
    The total dollar value of all acquisitions that are estimated to 
occur over a part's remaining life cycle.
E-103.20  Limited competition.
    A competitive contract action where the provisions of full and open 
competition do not exist.
E-103.21  Limited screening.
    A parts breakout process covering only selected points of data and 
technical evaluations, and should only be used to support immediate buy 
requirements (see E-301.3).
E-103.22  Manufacture.
    The physical fabrication process that produces a part, or other item 
of supply. The physical fabrication processes include, but are not 
limited to machining, welding, soldering, brazing, heat treating, 
braking, riveting, pressing, chemical treatment, etc.
E-103.23  Prime contractor.
    A contractor having responsibility for design control and/or 
delivery of a system/equipment such as aircraft, engines, ships, tanks, 
vehicles, guns and missiles, ground communications and electronics 
systems, and test equipment.
E-103.24  Provisioning.
    The process of determining and acquiring the range and quantity 
(depth) of spare and repair parts, and support and test equipment 
required to operate and maintain an end item of materiel for an initial 
period of service.
E-103.25  Qualification.
    Any action (contractual or precontractual) that results in approval 
for a firm to supply items to the Government without further testing 
beyond quality assurance demonstrations incident to acceptance of an 
item. When prequalification is required, the Government must have a 
justification on file--
    (a) Stating the need for qualification and why it must be done prior 
to award;
    (b) Estimating likely cost of qualification; and
    (c) Specifying all qualification requirements.
E-103.26  Replenishment part.
    A part, repairable or consumable, purchased after provisioning of 
that part, for: replacement; replenishment of stock; or use in the 
maintenance, overhaul, and repair of equipment such as aircraft, 
engines, ships, tanks, vehicles, guns and missiles, ground 
communications and electronic systems, ground support, and test 
equipment. As used in this appendix, except when distinction is 
necessary, the term ``part'' includes subassemblies, components, and 
subsystems as defined by the current version of MIL-STD-280.
E-103.27  Reverse engineering.
    A process by which parts are examined and analyzed to determine how 
they were manufactured, for the purpose of developing a complete 
technical data package. The normal, expected result of reverse 
engineering is the creation of a technical data package suitable for 
manufacture of an item by new sources.

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E-103.28  Selected item drawing.
    See current version of DoD-STD-100, paragraph 201.4.5.
E-103.29  Source.
    Any commercial or noncommercial organization which can supply a 
specified part. For coding purposes, sources include actual 
manufacturers, prime contractors, vendors, dealers, surplus dealers, 
distributors, and other firms.
E-103.30  Source approval.
    The Government review that must be completed before contract award.
E-103.31  Source control drawing.
    See the current version of DoD-STD-100, paragraph 201.4.3.
E-103.32  Technical data.
    Specifications, plans, drawings, standards, purchase descriptions, 
and such other data to describe the Government's requirements for 
acquisition.
E-104  General policies.
    (a) The identification, selection, and screening of parts for 
breakout shall be made as early as possible to determine the technical 
and economic considerations of the opportunities for breakout to 
competition or direct purchase. Full and open competition is the 
preferred result of breakout screening.
    (b) A part shall be made a candidate for breakout screening based on 
its cost effectiveness for breakout. Resources should be assigned and 
priority given to those parts with the greatest expected return given 
their annual buy value, life cycle buy value, and likelihood of 
successful breakout, given technical characteristics such as design and 
performance stability. Consideration of all such factors is necessary to 
ensure the maximum return on investment in a given breakout program. 
Occasionally, an item will not meet strict economic considerations for 
breakout, but action may be required due to other considerations to 
avoid overpricing situations. Accordingly, there is no minimum DoD 
threshold for breakout screening actions. DoD components and field 
activities will develop annual buy thresholds for breakout screening 
which are consistent with economic considerations and resources. Every 
effort should be made to complete the full screening of parts that are 
expected to be subsequently replenished as they enter the inventory.
    (c) Breakout improvement efforts shall continue through the life 
cycle of a part to improve its breakout status (see E-203) or until such 
time as the part is coded 1G, 2G, 1K, 2K, 1M, 2M, 1N, 2N, 1T, 2T, 1Z, or 
2Z.
    (d) No firm shall be denied the opportunity to demonstrate its 
ability to furnish a part which meets the Government's needs, without 
regard to a part's annual buy value, where a restrictive AMC/AMSC is 
assigned (see FAR 9.202). A firm must clearly demonstrate, normally at 
its own expense, that it can satisfy the Government's requirements. The 
Government shall make a vigorous effort to expedite its evaluation of 
such demonstration and to furnish a decision to the demonstrating firm 
within a reasonable period of time. If a resolution cannot be made 
within 60 days, the offeror must be advised of the status of the request 
and be provided with a good faith estimate of the date the evaluation 
will be completed. Every reasonable effort shall be made to complete the 
review before a subsequent acquisition is made. Also, restrictive codes 
and low annual buy value do not preclude consideration of a surplus 
dealer or other nonmanufacturing source when the part offered was 
manufactured by an approved source (see FAR 10.010). A potential surplus 
dealer or other nonmanufacturing source must provide the Government with 
all the necessary evidence which proves the proposed part meets the 
Government's requirements.
    (e) The experience and knowledge accrued by contractors in the 
development, design, manufacture and test of equipment may enhance the 
breakout decision making process. DoD activities may obtain technical 
information from contractors when it is considered requisite to an 
informed coding decision. The procedure for contracting for this 
information is provided in Part 4 of this appendix. Contractor's 
technical information will be designated by CTICs. Only DoD activities 
shall assign AMCs and AMSCs.
    (f) DoD activities with breakout screening responsibilities shall 
develop, document, and advertise programs which promote the development 
of qualified sources for parts that are currently being purchased sole 
source. These programs should provide fair and reasonable technical 
assistance (engineering or other technical data, parts on bailment, 
etc.) to contractors who prove they have potential for becoming a 
qualified second source for an item. These programs should also provide 
specially tailored incentives to successful firms so as to stimulate 
their investment in becoming qualified, e.g., Government furnished 
equipment (GFE) or Government furnished material (GFM) for reverse 
engineering and technical data package review and assistance.
    (g) Departments and agencies shall identify the engineering support 
activity, design control activity, actual manufacturer, and prime 
contractor for each part such that the information is readily available 
to breakout and acquisition personnel.

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E-105  Responsibilities.
    (a) The Assistant Secretary of Defense (Production and Logistics) 
has authority for direction and management of the DoD Spare Parts 
Breakout Program, including the establishment and maintenance of 
implementing regulations.
    (b) Departments and agencies shall perform audits to ensure that 
their respective activities comply with the provisions of this program.
    (c) Commanders of DoD activities with breakout screening 
responsibility shall--
    (1) Implement a breakout program consistent with the requirements of 
this appendix.
    (2) Assist in the identification and acquisition of necessary data 
rights and technical data, and the review of restrictive legends on 
technical data, during system/equipment development and production to 
allow, when feasible, breakout of parts.
    (3) Designate a program manager to serve as the central focal point, 
communicate breakout policy, ensure cost effectiveness of screening 
actions and breakout program, provide assistance in implementing 
breakout screening, monitor ongoing breakout efforts and achievements, 
and provide surveillance over implementation of this appendix. The 
program manager shall report only to the Commander, or deputy, of the 
activity with breakout screening responsibility.
    (4) Ensure that actions to remove impediments to breakout are 
continued so long as it is cost effective, or until no further breakout 
improvements can be made.
    (5) Invite the activity's small business specialist and the resident 
small business administration's procurement center representative (PCR), 
if any, to participate in all acquisition method coding conferences at 
Government and contractor locations.
    (6) Ensure timely engineering and technical support to other 
breakout activities regardless of location.
    (i) In the case of parts where contracting or inventory management 
responsibility has been transferred, support shall include--
    (A) Assignment of an AMC/AMSC prior to the transfer;
    (B) Assignment of an AMC/AMSC when requested by the receiving 
activity to parts transferred without such codes. The requesting 
activity may recommend an AMC/AMSC; and
    (C) Full support of the receiving activities' breakout effort by 
providing timely engineering support in revising existing AMC/AMSCs.
    (ii) In all cases, support shall include, but not be limited to, 
furnishing all necessary technical data and other information (such as 
code suspense date and procurement history) to permit acquisition in 
accordance with the assigned AMC/AMSC (see E-105(d)(6)).
    (7) Ensure that appropriate surveillance is given to first time 
breakout parts.
    (d) Breakout program managers shall be responsible for--
    (1) Initiating the breakout process during the early phases of 
development and continue the process during the life of the part;
    (2) Considering the need for contractor technical information codes 
(CTICs) and, when needed, initiating a contract data requirement;
    (3) Identifying, selecting, and screening in accordance with Part 3 
of this appendix;
    (4) Assigning an AMC/AMSC, using all available data, including 
CTICs;
    (5) Responding promptly to a request for evaluation of additional 
sources or a review of assigned codes. An evaluation not completed prior 
to an immediate buy shall be promptly completed for future buys; and
    (6) Documenting all assignments and changes, to include rationale 
for assigning the chosen code, in a permanent file for each part. As a 
minimum, the file should identify the engineering support activity, 
cognizant design control activity, actual manufacturer, prime 
contractor, known sources of supply, and any other information needed to 
support AMC/AMSC assignments.
    (e) Contracting officers responsible for the acquisition of 
replenishment parts shall--
    (1) Consider the AMC/AMSC when developing the method of contracting, 
the list of sources to be solicited, the type of contract, etc.; and
    (2) Provide information which is inconsistent with the assigned AMC/
AMSC (e.g., availability of technical data or possible sources) to the 
activity responsible for code assignment with a request for timely 
evaluation of the additional information. An urgent immediate buy need 
not be delayed if an evaluation of the additional information cannot be 
completed in time to meet the required delivery date.

                         Part 2--Breakout Coding

E-200  Scope.
    This part provides parts breakout codes and prescribes 
responsibilities for their assignment and management.
E-201  Coding.
    Three types of codes are used in the breakout program.
E-201.1  Acquisition method codes.
    The following codes shall be assigned by DoD activities to describe 
the results of the spare parts breakout screening:
    (a) AMC 0. The part was not assigned AMC 1 through 5 when it entered 
the inventory, nor has it ever completed screening. Use of this code is 
sometimes necessary but discouraged. Maximum effort to determine the

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applicability of an alternate AMC is the objective. This code will never 
be used to recode a part that already has AMC 1 through 5 assigned, and 
shall never be assigned as a result of breakout screening. Maximum 
effort to determine the applicability of AMC 1 through 5 is the 
objective.
    (b) AMC 1. Suitable for competitive acquisition for the second or 
subsequent time.
    (c) AMC 2. Suitable for competitive acquisition for the first time.
    (d) AMC 3. Acquire, for the second or subsequent time, directly from 
the actual manufacturer.
    (e) AMC 4. Acquire, for the first time, directly from the actual 
manufacturer.
    (f) AMC 5. Acquire directly from a sole source contractor which is 
not the actual manufacturer.
E-201.2  Acquisition method suffix codes.
    The following codes shall be assigned by DoD activities to further 
describe the acquisition method code. Valid combinations of AMCs/AMSCs 
are indicated in paragraphs (a) through (z) of this subsection and 
summarized in Exhibit I.
    (a) AMSC A. The Government's right to use data in its possession is 
questionable. This code is only applicable to parts under immediate buy 
requirements and for as long thereafter as rights to data are still 
under review for resolution and appropriate coding. This code is 
assigned only at the conclusion of limited screening, and it remains 
assigned until the full screening process resolves the Government's 
rights to use data and results in assignment of a different AMSC. If one 
source is available, AMCs 3, 4, or 5 are valid. If at least two sources 
exist, or if the data is adequate for an alternate source to qualify in 
accordance with the design control activity's procedures, AMCs 1 or 2 
are valid.
    (b) AMSC B. This part must be acquired from a manufacturing 
source(s) specified on a source control or selected item drawing as 
defined by the current version of DoD-STD-100. Suitable technical data, 
Government data rights, or manufacturing knowledge are not available to 
permit acquisition from other sources, nor qualification testing of 
another part, nor use of a second source part in the intended 
application. Although, by DoD-STD-100 definition, altered and selected 
items shall have an adequate technical data package, data review 
discloses that required data or data rights are not in Government 
possession and cannot be economically obtained. If one source is 
available, AMCs 3, 4, or 5 are valid. If at least two sources exist, 
AMCs 1 or 2 are valid.
    (c) AMSC C. This part requires engineering source approval by the 
design control activity in order to maintain the quality of the part. 
Existing unique design capability, engineering skills, and manufacturing 
knowledge by the qualified source(s) require acquisition of the part 
from the approved source(s). The approved source(s) retain data rights, 
manufacturing knowledge, or technical data that are not economically 
available to the Government, and the data or knowledge is essential to 
maintaining the quality of the part. An alternate source must qualify in 
accordance with the design control activity's procedures, as approved by 
the cognizant Government engineering activity. The qualification 
procedures must be approved by the Government engineering activity 
having jurisdiction over the part in the intended application. If one 
source is approved, AMCs 3, 4, or 5 are valid. If at least two sources 
are approved or if data is adequate for an alternate source to qualify 
in accordance with the design control activity's procedures, AMCs 1 or 2 
are valid.
    (d) AMSC D. The data needed to acquire this part competitively is 
not physically available, it cannot be obtained economically, nor is it 
possible to draft adequate specifications or any other adequate, 
economical description of the material for a competitive solicitation. 
AMSC 3, 4, or 5 are valid.
    (e) AMSC E. (Reserved).
    (f) AMSC F. (Reserved).
    (g) AMSC G. The Government has rights to the technical data, the 
data package is complete, and there are no technical data, engineering, 
tooling or manufacturing restrictions. (This is the only AMSC that 
implies that parts are candidates for full and open competition. Other 
AMSCs such as K, M, N, Q, and S may imply limited competition when two 
or more independent sources exist yet the technical data package is 
inadequate for full and open competition.) AMCs 1 or 2 are valid.
    (h) AMSC H. The Government physically does not have in its 
possession sufficient, accurate, or legible data to purchase this part 
from other than the current source(s). This code is applicable only to 
parts under immediate buy requirements and only for as long thereafter 
as the deficiency is under review for resolution and appropriate 
recoding. This code is only assigned at the conclusion of limited 
screening, and it remains assigned until the full screening process 
resolves physical data questions and results in assignment of a 
different AMSC. If one source is available, AMCs 3, 4, or 5 are valid. 
If at least two sources exist, AMCs 1 or 2 are valid.
    (i) AMSC I. (Not authorized.)
    (j) AMSC J. (Reserved.)
    (k) AMSC K. This part must be produced from class 1 castings and 
similar type forgings as approved (controlled) by procedures contained 
in the current version of MIL-STD-2175. If one source has such castings 
and cannot provide them to other sources, AMCs

[[Page 208]]

3, 4, or 5 are valid. If at least two sources have such castings or they 
can be provided to other sources AMCs 1 or 2 or valid.
    (l) AMSC L. The annual buy value of this part falls below the 
screening threshold established by DoD components and field activities. 
However, this part has been screened for additional known sources, 
resulting in either confirmation that the initial source exists or that 
other sources may supply the part. No additional screening was performed 
to identify the competitive or noncompetitive conditions that would 
result in assignment of a different AMSC. This code shall not be used 
when screening parts entering the inventory. This code shall be used 
only to replace AMSC O for parts under the established screening 
threshold. If one source is available, AMCs 3, 4, or 5 are valid. If at 
least two sources exist, AMCs 1 or 2 are valid.
    (m) AMSC M. Manufacture of this part requires use of master or 
coordinated tooling. If only one set of tooling exists and cannot be 
made available to another source for manufacture of this part, AMCs 3, 
4, or 5 are valid. When the availability of existent or refurbishable 
tooling is available to two or more sources, then AMCs 1 or 2 are valid.
    (n) AMSC N. Manufacture of this part requires special test and/or 
inspection facilities to determine and maintain ultra-precision quality 
for its function or system integrity. Substantiation and inspection of 
the precision or quality cannot be accomplished without such specialized 
test or inspection facilities. If the test cannot be made available for 
the competitive manufacture of the part, the required test or inspection 
knowledge cannot be documented for reliable replication, or the required 
physical test or inspection facilities and processes cannot be 
economically documented in a TDP, valid AMCs are 3, 4, or 5. If the 
facilities or tests can be made available to two or more competitive 
sources, AMCs 1 or 2 are valid.
    (o) AMSC O. The part was not assigned an AMSC when it entered the 
inventory, nor has it ever completed screening. Use of this code in 
conjunction with AMC 0 is sometimes necessary but discouraged. Maximum 
effort to determine the applicability of an alternate AMSC is the 
objective. Only AMC O is valid.
    (p) AMSC P. The rights to use the data needed to purchase this part 
from additional source(s) are not owned by the Government and cannot be 
purchased, developed, or otherwise obtained. It is uneconomical to 
reverse engineer this part. This code is used in situations where the 
Government has the data but does not own the rights to the data. If only 
one source has the rights or data to manufacture this item, AMCs 3, 4, 
or 5 are valid. If two or more sources have the rights or data to 
manufacture this item, AMCs 1 or 2 are valid.
    (q) AMSC Q. The Government does not have adequate data, lacks rights 
to data, or both needed to purchase this part from additional sources. 
The Government has been unable to economically buy the data or rights to 
the data, although the part has been undergoing full screening for 12 or 
more months. Breakout to competition has not been achieved, but current, 
continuing actions to obtain necessary rights to data or adequate, 
reprocurement technical data indicate breakout to competition is 
expected to be achieved. This part may be a candidate for reverse 
engineering or other techniques to obtain technical data. All AMSC Q 
items are required to be reviewed within the timeframes cited in E-
203(b). If one source is available, AMCs 3, 4, or 5 are valid. If at 
least two sources exist, AMCs 1 or 2 are valid.
    (r) AMSC R. The Government does not own the data or the rights to 
the data needed to purchase this part from additional sources. It has 
been determined to be uneconomical to buy the data or rights to the 
data. It is uneconomical to reverse engineer the part. This code is used 
when the Government did not initially purchase the data and/or rights. 
If only one source has the rights or data to manufacture this item, AMCs 
3, 4, or 5 are valid. If two or more sources have the rights or data to 
manufacture this item, AMCs 1 or 2 are valid.
    (s) AMSC S. Acquisition of this item is restricted to Government 
approved source(s) because the production of this item involves 
unclassified but militarily sensitive technology (see FAR 6.3). If one 
source is approved, AMCs 3, 4, or 5 are valid. If at least two sources 
are approved, AMCs 1 or 2 are valid.
    (t) AMSC T. Acquisition of this part is controlled by qualified 
products list (QPL) procedures. Competition for this part is limited to 
sources which are listed on or are qualified for listing on the QPL at 
the time of award (see FAR Part 9 and DFARS Part 209). AMCs 1 or 2 are 
valid.
    (u) AMSC U. The cost to the Government to breakout this part and 
acquire it competitively has been determined to exceed the projected 
savings over the life span of the part. If one source is available, AMCs 
3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are 
valid.
    (v) AMSC V. This part has been designated a high reliability part 
under a formal reliability program. Probability of failure would be 
unacceptable from the standpoint of safety of personnel and/or 
equipment. The cognizant engineering activity has determined that data 
to define and control reliability limits cannot be obtained nor is it 
possible to draft adequate specifications for this purpose. If one 
source is available, AMCs 3, 4, or 5 are valid. If at least two sources 
are available, AMCs 1 or 2 are valid.
    (w) AMSC W. (Reserved.)

[[Page 209]]

    (x) AMSC X. (Not authorized.)
    (y) AMSC Y. The design of this part is unstable. Engineering, 
manufacturing, or performance characteristics indicate that the required 
design objectives have not been achieved. Major changes are contemplated 
because the part has a low process yield or has demonstrated marginal 
performance during tests or service use. These changes will render the 
present part obsolete and unusable in its present configuration. Limited 
acquisition from the present source is anticipated pending configuration 
changes. If one source is available, AMCs 3, 4, or 5 are valid. If at 
least two sources exist, AMCs 1 or 2 are valid.
    (z) AMSC Z. This part is a commercial/nondevelopmental/off-the-shelf 
item. Commercial item descriptions, commercial vendor catalog or price 
lists or commercial manuals assigned a technical manual number apply. If 
one source is available, AMCs 3, 4, or 5 are valid. If at least two 
sources are available, AMCs 1 or 2 are valid.
E-201.3  Contractor technical information codes.
    The following two digit alpha codes shall be used by contractors, 
when contractor's assistance is requested. These codes are assigned in 
accordance with the current version of MIL-STD-789 and shall be 
considered during the initial assignment of an AMC/AMSC. For spare parts 
breakout, requirements for contractor assistance through CTIC submission 
shall be accomplished as stated in Part 4 of this appendix. Each CTIC 
submitted by a contractor must be accompanied by supporting 
documentation which justifies the proposed code. These codes and 
supporting documentation, transmitted by DD Form 1418, Contractor 
Technical Information Record, and DD Form 1418-1, Technical Data 
Identification Checklist, are useful not only for code assignment during 
acquisition coding conferences, but also for personnel conducting both 
full and limited screening of breakout candidates. Personnel conducting 
full and limited screening of breakout candidates should use the 
supporting documentation provided with CTICs as a source of information. 
However, they should not allow this information to substitute for 
careful analysis and further investigation of the possibilities of 
acquiring a part through competition or by direct purchase. The 
definitions for CTICs are--
    (a) CTIC CB. Source(s) are specified on source control, altered 
item, or selected item drawings/documents. (The contractor shall furnish 
a list of the sources with this code.)
    (b) CTIC CC. Requires engineering source approval by the design 
control activity in order to maintain the quality of the part. An 
alternate source must qualify in accordance with the design control 
activity's procedures, as approved by the cognizant Government 
engineering activity.
    (c) CTIC CG. There are no technical restrictions to competition.
    (d) CTIC CK. Produced from class 1 castings (see the current version 
of MIL-STD-2175) and similar type forgings. The process of developing 
and proving the acceptability of high-integrity castings and forgings 
requires repetitive performance by a controlled source. Each casting or 
forging must be produced along identical lines to those which resulted 
in initial acceptability of the part. (The contractor shall furnish a 
list of known sources for obtaining castings/forgings with this code.)
    (e) CTIC CM. Master or coordinated tooling is required to produce 
this part. This tooling is not owned by the Government or, where owned, 
cannot be made available to other sources. (The contractor shall furnish 
a list of the firms possessing the master or coordinated tooling with 
this code.)
    (f) CTIC CN. Requires special test and/or inspection facilities to 
determine and maintain ultra-precision quality for function or system 
integrity. Substantiation and inspection of the precision or quality 
cannot be accomplished without such specialized test or inspection 
facilities. Other sources in industry do not possess, nor would it be 
economically feasible for them to acquire facilities. (The contractor 
shall furnish a list of the required facilities and their locations with 
this code.)
    (g) CTIC CP. The rights to use the data needed to purchase this part 
from additional sources are not owned by the Government and cannot be 
purchased.
    (h) CTIC CV. A high reliability part under a formal reliability 
program. Probability of failure would be unacceptable from the 
standpoint of safety of personnel and/or equipment. The cognizant 
engineering activity has determined that data to define and control 
reliability limits cannot be obtained nor is it possible to draft 
adequate specifications for this purpose. Continued control by the 
existing source is necessary to ensure acceptable reliability. (The 
contractor shall identify the existing source with this code.)
    (i) CTIC CY. The design of this part is unstable. Engineering, 
manufacturing, or performance characteristics indicate that the required 
design objectives have not been achieved. Major changes are contemplated 
because the part has a low process yield or has demonstrated marginal 
performance during tests or service use. These changes will render the 
present part obsolete and unusable in its present configuration. Limited 
acquisition from the present source is anticipated pending configuration 
changes. (The contractor shall identify the existing source with this 
code.)

[[Page 210]]

E-202  Assignment of codes.
    The purpose of AMC/AMSC assignments is to provide the best possible 
technical assessment of how a part can be acquired. The technical 
assessment should not be based on issues such as: are the known sources 
actual manufacturers, or are there two actual manufacturers in 
existence; but rather on factors such as the availability of adequate 
technical data, the Government's rights to use the data, technical 
restrictions placed on the hardware (criticality, reliability, special 
testing, master tooling, source approval, etc.) and the cost to breakout 
vice projected savings. In cases where there is additional technical 
information which affects the way a part can be acquired, it should be 
made available to the contracting officer, with the AMC/AMSC. Concerning 
the assignment of AMCs and AMSCs, it is DoD policy that--
    (a) The assignment of AMC/AMSCs to parts is the responsibility of 
the DoD component introducing the equipment or system for which the 
parts are needed in the inventory. Subsequent screening is the 
responsibility of the DoD component assigned technical responsibility.
    (b) When two or more AMSCs apply, the most technically restrictive 
code will be assigned.
    (c) Restricted combinations of AMC/AMSCs are reflected in the AMSC 
definitions. The Defense Logistics Service Center will reject invalid 
code combinations, as shown in Exhibit I, submitted for entry into the 
Federal catalog program (see E-204.2).
    (d) One-time acquisition of a part by a method other than indicated 
by the code does not require a change to the AMC (e.g., when only one of 
a number of sources can meet a short delivery date, or when only one 
manufacturing source is known but acceptable surplus parts are available 
from other sources).
    (e) After the first acquisition under AMC 2 or 4, the AMC shall be 
recoded 1 or 3 respectively.
    (f) Both full and limited screening will result in the assignment or 
reassignment of an AMC/AMSC. This assignment shall be based on the best 
technical judgment of breakout personnel and on information gathered 
during the screening process.
    (g) A part need not be coded as noncompetitive based on an initial 
market survey which only uncovers one interested source. If the 
Government has sufficient technical data in its possession to enable 
other sources to manufacture an acceptable part, and there are no 
technical restrictions on the part which would preclude other sources 
from manufacturing it, the part should be coded competitive.
E-203  Improving part status.
    (a) General. An effective breakout program requires that all 
reasonable actions be taken to improve the acquisition status of parts. 
The potential for improvement of the acquisition status will vary with 
individual circumstances. On one end of the spectrum are those parts 
with acquisition method suffix codes of a temporary nature requiring 
vigorous follow-through improvement action (e.g., AMSCs A and H); on the 
other end are those parts with codes suggesting a relative degree of 
permanence (e.g., AMSCP). A code assigned to a part should never be 
considered fixed with respect to either technical circumstance or time; 
today's technical constraint may be overcome by tomorrow's technology 
and a contractor's rights to data, so zealously protected today, often 
become less important with time. The application of breakout improvement 
effort must always consider individual circumstances and overall 
benefits expected to be obtained.
    (b) Code suspense dates. Every part whose breakout status can be 
improved shall be suspensed for rescreening as appropriate. In general, 
the following codes cannot be improved: 1G, 2G, 1K, 2K, 1M, 2M, 1N, 2N, 
1T, 2T, 1Z, or 2Z. The period between suspenses is a period for which an 
assigned AMC/AMSC is considered active, and routine rescreening of parts 
with ``valid'' codes is not required. Suspense dates may vary with the 
circumstance surrounding each part. A code reached as a result of 
limited screening (E-304) shall not be assigned a suspense date 
exceeding 12 months; a code reached as a result of full screening (E-
303) shall not be assigned a suspense date exceeding three years. In 
exceptional cases, where circumstances indicate that no change can be 
expected in a code over an extended period, a suspense date not 
exceeding five years may be assigned in accordance with controls 
established by the breakout activity. Items with a 1G or 2G code do not 
require a suspense date.
E-204  Communication of codes.
E-204.1  Communication media.
    Use the Federal catalog program formats, set forth in DoD Manual 
4100.39-M, Defense Integrated Data System (DIDS) Procedural Manual, 
communication media and operating instructions as augmented by this 
appendix to disseminate AMCs and AMSCs.
E-204.2  Responsibilities.
    (a) The Defense Logistics Service Center (DLSC) shall--
    (1) Receive and disseminate AMCs and AMSCs for each national stock 
number (NSN) to all appropriate Government activities in consonance with 
scheduled Federal catalog program computer cycles;

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    (2) Make the AMCs and AMSCs a part of the data bank of NSN item 
intelligence;
    (3) Perpetuate the codes in all subsequent Federal catalog program 
transactions; e.g., entry of new NSNs and Federal supply code (FSC) 
changes; and
    (4) Reject invalid code combinations submitted for entry into the 
Federal catalog program.
    (b) DoD activities responsible for the assignment of AMCs and AMSCs 
shall--
    (1) Transmit assigned codes for each NSN through normal cataloging 
channels to DLSC under existing Federal catalog program procedures; and
    (2) Notify DLSC by normal Federal catalog program maintenance 
procedures when a change in coding is made.

        Part 3--Identification, selection, and screening of parts

E-300  General.
    This part sets forth procedures for the identification, selection, 
and screening of parts.
E-301  Identification and selection procedures.
E-301.1  Parts entering the inventory.
    The breakout process should begin at the earliest possible stage of 
weapon systems acquisition. Generally, a provisioned part will require 
subsequent replenishment. Provisioning or similar lists of new parts 
are, therefore, the appropriate bases for selecting parts for screening. 
This is not to imply that breakout must be done on all items as part of 
the provisioning process. Priorities shall be applied to those parts 
offering the greatest opportunity for breakout and potential savings. 
The major factors in making this determination are--
    (a) The unit price;
    (b) The projected quantity to be purchased over the part's life 
cycle; and
    (c) The potential for screening to result in a part being 
successfully broken out, e.g., item stability, cost, and completeness of 
technical data, etc.
E-301.2  Annual buy forecasts.
    Annually, lists shall be prepared that identify all parts projected 
for purchase during the subsequent 12-month period. Priority should be 
given to those parts with the greatest expected return given their 
annual buy value, life cycle buy value, and likelihood of successful 
breakout, given technical characteristics such as design and performance 
stability and the availability of technical data. Parts with an expired 
suspense date or a suspense date which will expire during the forecast 
period (see E-203(b)), need only be subjected to the necessary steps of 
the full screening procedure (see E-303). Parts with a valid code that 
will not expire during the forecast period need not be screened. Parts 
coded 0O shall be selected for full screening.
E-301.3  Immediate buy requirements.
    An immediate buy requirement will be identified by the user or the 
item manager in consonance with department/agency regulations. When an 
immediate buy requirement meeting the screening criteria (see E-104(b)) 
is generated for a part not assigned a current AMC/AMSC, the part shall 
be promptly screened in accordance with either the full or limited 
screening procedures (see E-303 and E-304).
E-301.4  Suspect AMC/AMSC.
    Whenever an AMC/AMSC is suspected of being inaccurate by anyone, 
including the contracting officer, a rescreening shall be conducted for 
that part. Suspect codes include codes composed of invalid combinations 
of AMCs and AMSCs, those which do not truly reflect how a part is 
actually being acquired, and those suspected of being more restrictive 
than necessary for the next buy.
E-302  Screening.
    (a) Screening procedures include consideration and recording of the 
relevant facts pertaining to breakout decisions. The objective of 
screening is to improve the acquisition status by determining the 
potential for competition, or purchase from an actual manufacturer. 
Consideration of any reasonable approach to establishing competition 
should be an integral part of the breakout process.
    (b) Screening procedures may vary depending on circumstances related 
to the parts. No set rules will provide complete guidance for making 
acquisition method decisions under all conditions encountered in actual 
practice. An informed coding decision can be made without following the 
procedures step by step in every case.
    (c) Activities involved in screening are encouraged to develop 
supplemental procedures which prove effective in meeting this 
regulation's objectives. These procedures should be tailored to the 
particular activity's operating environment and the characteristics of 
the parts for which it is responsible. Nevertheless, care should be 
taken in all cases to assure that--
    (1) Responsible judgment is applied to all elements involved in the 
review of a part;
    (2) The necessary supporting facts are produced, considered, and 
recorded in the breakout screening file. The breakout screening file 
contains technical data and other documents concerning screening of the 
part;

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    (3) All cost effective alternatives are considered for establishing 
competition, or purchase from an actual manufacturer (see E-105(d)(6)); 
and
    (4) When possible, the sequence of the review allows for 
accomplishing several screening steps concurrently.
    (d) Contractor participation in the decision making process extends 
only to providing technical information. This technical information is 
provided by supporting documentation (DD Forms 1418, Contractor 
Technical Information Record, and DD Form 1418-1, Technical Data 
Identification Checklist) which includes the CTIC assignment. Government 
personnel shall substantiate the breakout decision by reference to the 
CTIC and by careful review of the supporting documentation. However, the 
CTIC provides guidance only, and it should be used as one of the inputs 
to arrive at an acceptable AMC and AMSC coding.
    (e) Contractor's technical information furnished in accordance with 
MIL-STD-789 may indicate areas requiring additional research by the 
Government before screening can be completed. Seldom will industry's 
contribution to the screening process enable the Government to assign an 
AMC or AMSC without additional review.
    (f) During the screening process, it may be appropriate to 
communicate with industry, particularly potential manufacturers of a 
part, to determine the feasibility of establishing a competitive source 
and to estimate the costs and technical risks involved.
    (g) Coding conferences with industry shall be documented.
    (h) Screening may disclose a part is not suitable for competitive 
acquisition, but it may be possible to breakout the part for direct 
purchase from the actual manufacturer or to establish a second source. 
Parts particularly suited to direct purchase are those where neither the 
design control activity nor the prime contractor contribute additional 
value or whose data belong to the actual manufacturer and will not be 
acquired by the Government, and where that manufacturer exercises total 
responsibility for the part (design and quality control, testing, etc.), 
and where additional operations performed by the prime contractor can be 
performed by the actual manufacturer or by the Government.
    (i) For each part that is screened, a file shall be established to 
document and justify the decisions and results of all screening effort 
(see E-105(d)(6)).
    (j) Full and limited screening procedures are two elements of 
breakout programs. Other spare parts initiatives to enhance breakout are 
reverse engineering, bailment, data rights challenges, and publication 
of intended buy lists. Integration of other initiatives within the 
screening processes developed at each activity is encouraged.
E-303  Full screening procedures.
    (a) Full screening procedures should be developed so that the 
potential is fully evaluated for establishing competition or purchase 
from an actual manufacturer. Also, full screening procedures should 
facilitate accurate and consistent acquisition method code assignment. 
It is expected that each activity will develop its own operational 
screening procedures. A general model, full screening decision process 
is provided below to support the development of activity level 
procedures and to provide guidance regarding the general scope of these 
procedures. The full screening procedures involve 65 steps in the 
decision process, and are divided into the following phases--
    (1) Data collection;
    (2) Data evaluation;
    (3) Data completion;
    (4) Technical evaluation;
    (5) Economic evaluation; and
    (6) Supply feedback.
    (b) The six phases describe different functions that must be 
achieved during screening. The nature of the screening process does not 
permit clear distinction of one phase from another. Further, the order 
of performance of these phases may not correspond to the order listed 
here. In fact, the phases will often overlap and may be performed 
simultaneously. Their purpose is to identify the different functions 
comprising the screening process.
    (c) A summary flow chart of the decision steps is provided as 
Exhibit II to assist in understanding the logical order of the full 
screening steps for various conditions. Use of the flow chart in 
connection with the text that follows is essential to fully understand 
the order of the steps in the process.
E-303.1  Data collection phase (step 1).
    (a) Assemble all available data and establish a file for each part. 
Collect identification data, relevant data obtained from industry, 
contracting and technical history data and current status of the part, 
including--
    (1) Normal identification required for cataloging and 
standardization review;
    (2) All known sources;
    (3) Historical contracting information, including the more recent 
awards, date of awards, and unit price(s) for the quantities prescribed;
    (4) Identification of the actual manufacturer(s), the latest unit 
price and the quantity on which the price is based. (When the actual 
manufacturer is not the design control activity, the design control 
activity may be consulted to ensure the latest version of the item is 
being procured from the actual manufacturer);
    (5) Identification of the activity, Government or industry, having 
design control over

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the part and, if industry, the cognizant Government engineering 
activity;
    (6) The expected life in the military supply system;
    (7) Record of any prior review for breakout, with results or 
findings; and
    (8) Annual demand.
    (b) In the case of complex items requiring large numbers of 
drawings, collection of a reasonable technical data sample is sufficient 
for the initial technical data evaluation phase (steps 2-14).
E-303.2  Data evaluation phase (steps 2-14).
    (a) Data evaluation is crucial to the whole review procedure. It 
involves determination of the adequacy of the technical data package and 
the Government's rights to use the data for acquisition purposes.
    (b) The data evaluation process may be divided into two stages--
    (1) A brief but intensive analysis of available data and documents 
regarding both technical matters and data rights, leading to a decision 
whether to proceed with screening; and
    (2) If the decision is to proceed with screening, further work is 
necessary to produce an adequate technical data package, such as 
research of contract provisions, engineering work on data and drawings, 
and requests to contractors for additional data.
    (c) The steps in this phase are--(1) Step 2. Are full Government 
rights established by the available data package? Evidence for an 
affirmative answer would include the identification of Government 
drawings, incorporation by reference of Government specifications or 
process descriptions in the public domain, or reference to contract 
provisions giving the Government rights to data. If the answer is 
negative, proceed to step 3; if positive, proceed to step 6.
    (2) Step 3. Are the contractor's limitations of the Government's 
rights to data established by the available data package?
    (i) The questions in step 2 and 3 are not exclusive. The 
incorporation in a drawing of contract provisions reserving rights to 
the manufacturer, either in the whole design or in certain manufacturing 
processes, would establish a clear affirmative answer to step 3 where 
there is substantiating Government documentation. Parts not in this 
group shall be retained for further processing (see step 20). Data 
rights that cannot be substantiated shall be challenged (see DFARS Part 
227, validation procedures).
    (ii) In the case of clear contractor ownership of rights, proceed 
with steps 4 and 5.
    (3) Step 4. Are there bases for competitive acquisition without 
using data subject to limitations on use? This question requires 
consideration, for example, of the possibility of using performance 
specifications or substitution of military or commercial specifications 
or bulletins for limited elements of the manufacturing process. The use 
of sample copies is another possibility.
    (4) Step 5. Can the Government buy the necessary rights to data? 
This is a preliminary question to the full analysis (in steps 20 and 21 
below) and is designed primarily to eliminate from further consideration 
those items which incorporate established data restrictions and for 
which there are no other bases for competitive acquisition nor is 
purchase of rights possible or feasible.
    (5) Steps 6 and 7. Is the present technical data package adequate 
for competitive acquisition of a reliable part?
    (6) Steps 8 and 9. Specify omissions. The question in steps 6 and 7 
requires a critical engineering evaluation and should deal first with 
the physical completeness of the date--are any essential dimensions, 
tolerances, processes, finishes, material specifications, or other vital 
elements of data lacking from the package? If so, these omissions should 
be specified. A second element deals with adequacy of the existing 
package to produce a part of the required performance, compatibility, 
quality, and reliability. This will, of course, be related to the 
completeness of data. In some cases, qualified engineering judgment may 
decide that in spite of apparently complete data, the high performance 
or other critical characteristics of the item require retention of the 
present source. If such decision is made, the file shall include 
documentation in the form of specific information, such as difficulties 
experienced by the present manufacturer in producing a satisfactory item 
or the existence of unique production skills in the present source.
    (7) Steps 10 and 11. Can the data be developed to make up a reliable 
technical data package? This implies a survey of the specified omissions 
with careful consideration to determine the resources available to 
supply each missing element. Such resources will vary from simple 
referencing of standard engineering publications to more complex 
development of drawings with the alternatives of either obtaining such 
drawings or developing performance specifications. In some cases, 
certain elements of data are missing because they have been properly 
restricted. If, however, there has been no advance substantiation of the 
right to restrict, the part should be further researched. If the answer 
to this question is negative, proceed to step 12; if positive, proceed 
to step 13 or 14.
    (8) Step 12. If the answer to the question in steps 10 and 11 is no, 
which condition is the prime element in this decision, the lack of data 
or the unreliability of the data? Specific documentation is needed to 
support this decision.
    (9) Steps 13 and 14. Estimate the time required to complete the data 
package. In those cases where the data package is found

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inadequate and specific additions need to be developed, an estimate of 
the time required for completion must be made in order to determine if 
breakout of the part is feasible during this review cycle and to 
estimate at what point in the remaining life of the part the data 
package could be available.
E-303.3  Data completion phase (steps 15-21).
    (a) The data completion phase involves acquiring or developing the 
missing elements of information to reach a determination on both 
adequacy of the technical data package and the restriction of rights to 
data. It may involve various functional responsibilities, such as 
examination of past contracts, queries directed to industry or to other 
Government agencies, inspection of the part, reverse or other 
engineering work to develop drawings and write specifications, 
arrangements with the present source for licensing or technical 
assistance to new manufacturers, and negotiations for purchase of rights 
to data. Additional research and information requests should be 
expeditiously initiated on those parts where there is a reasonable 
expectation of breakout. Because this phase is time-consuming, it should 
take place concurrently with other phases of the review.
    (b) At the beginning of the data completion phase, the part falls 
into one of the following four steps--
    (1) Step 15. The data package is complete and adequate and the 
Government has sufficient rights for acquisition purposes. Such parts 
require no further data analysis. Proceed to step 22.
    (2) Step 16. The Government has rights to existing data. The data 
package is incomplete but there is a reasonable expectation that the 
missing elements can be supplied. Proceed to step 19.
    (3) Step 17. The data package is complete, but suitable Government 
rights to the data have not been established. Proceed to step 20.
    (4) Step 18. Neither rights nor completeness of data is adequately 
established; therefore, the part requires further research. Proceed to 
step 20.
    (c) Step 19. Obtain or develop the necessary data for a suitable 
data package. Reverse engineering to develop acquisition data may be 
used if there is a clear indication that the costs of reverse 
engineering will be less than the savings anticipated from competitive 
acquisition. If there is a choice between reverse engineering and the 
purchase of data (step 21), the decision shall be made on the basis of 
relative costs, quality, time, and other pertinent factors.
    (d) Step 20. Establish the Government's and contractor's rights to 
the data. Where drawings and data cannot be identified to a contract, 
the following guidelines should be applied--
    (1) Where drawings and data bear legends which warn of copyright or 
patent rights, the effect of such legends shall be resolved according to 
law and policy; however, the existence of patent or copyright 
restrictions does not per se preclude securing competition with respect 
to the parts described (see FAR Subpart 27.3/DFARS Subpart 227.3).
    (2) If the technical data bears legends which limit the Government's 
right to use the data for breakout and it is determined that reasonable 
grounds exist to question the current validity of the restrictive 
markings, the contracting officer will be notified to initiate the 
validation procedures at DFARS Subpart 227.4.
    (3) Where drawings and data are unmarked and, therefore, free of 
limitation on their use, they shall be considered available for use in 
acquisition, unless the acquiring office has clear evidence to the 
contrary (see DFARS Subpart 227.4).
    (4) The decision process in situations described in paragraphs (d) 
(1), (2), and (3) of this subsection requires the exercise of sound 
discretion and judgment and embraces legal considerations. In no case 
shall a decision be made without review and approval of that decision by 
legal counsel.
    (5) If the validation procedures in paragraph (d)(2) of this 
subsection establish the Government's right to use the data for 
breakout, the Government shall attempt to obtain competition pursuant to 
the decisions resulting from concurrent technical and economic 
evaluation.
    (e) Step 21. If restrictions on the use of data are established, 
determine whether the Government can buy rights to the required data. 
Use the procedure in DFARS Subpart 227.4.
E-303.4  Technical evaluation phase (steps 22-37).
    (a) Introduction. (1) The purposes of technical evaluation are to 
determine the development status, design stability, high performance, 
and/or critical characteristics such as safety of personnel and 
equipment; the reliability and effective operation of the system and 
equipment in which the parts are to be used; and to exercise technical 
judgment as to the feasibility of breaking out the parts. No simple and 
universal rules apply to each determination. The application of 
experience and responsible judgment is required. Technical 
considerations arise in several elements of the decision process, e.g., 
in determining adequacy of the data package (steps 6-14).
    (2) Certain manufacturing conditions may reduce the field of 
potential sources. However, these conditions do not justify the 
restriction of competition by the assignment

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of restrictive AMCs for the following reasons--
    (i) Parts produced from class 1 castings and similar type forgings. 
The process of developing and providing the acceptability of high-
integrity castings and forgings requires repetitive performance by a 
controlled source for each casting or forging along identical lines to 
those which result in initial acceptability of the item. The particular 
manufacturer's process becomes the controlling factor with regard to the 
acceptability of any such item. However, other firms can produce class 1 
castings and similar type forgings and provide the necessary inspection, 
or the part may be acquired from other sources which use castings or 
forgings from approved (controlled) source(s).
    (ii) Parts produced from master or coordinated tooling, e.g., 
numerically controlled tapes. Such parts have features (contoured 
surfaces, hole locations, etc.) delineated according to unique master 
tooling or tapes and are manufactured to minimum/maximum limits and must 
be replaceable without additional tailoring or fitting. These parts 
cannot be manufactured or configured by a secondary pattern or jigs 
independent of the master tooling and cannot be manufactured to 
requisite tolerances of fit by use of commercial precision machinery. In 
this context, jigs and fixtures used only for ease of production are not 
considered master tooling. However, master tooling may be reproduced.
    (iii) Parts requiring special test and/or inspection facilities to 
determine and maintain ultra-precision quality for the function or 
system integrity. Substantiation and inspection of the precision or 
quality cannot be accomplished without specialized test or inspection 
facilities. Testing is often done by the actual manufacturer under 
actual operating use. However, such special test inspection facilities 
may be available at other firms.
    (b) Design procedures (steps 22-31). (1) Step 22. Will a design 
change occur during anticipated lead time? If affirmative, proceed to 
step 23; if negative, proceed to step 24.
    (2) Step 23. Specify the design change and assign an appropriate 
code.
    (3) Step 24. Is a satisfactory part now being produced? Concurrently 
with the research and completion of data, a technical determination is 
required as to the developmental status of the part. With the frequent 
telescoping of the development/production cycle as well as constant 
product improvement throughout the active life of equipment, parts are 
frequently subject to design changes. The present source, if a prime 
contractor, is usually committed to incorporate the latest changes in 
any deliveries under a production order. In considering the part for 
breakout, an assessment must be made of the stability of design, so that 
in buying from a new source the Government will not be purchasing an 
obsolete or incompatible part. The question of obsolescence or 
noncompatibility is to some extent under Government control. Screening 
for breakout on parts that are anticipated to undergo design change 
should be deferred until design stability is attained.
    (4) Step 25. Can a satisfactory part be produced by a new source? 
Determine whether technical reasons prohibit seeking a new source. The 
fact that the present source has not yet been able to produce a 
satisfactory part (step 24) does not preclude another source from being 
successful. If the answer to step 24 or 25 is affirmative, proceed 
simultaneously to steps 27 and 38. If the answer to step 25 is negative, 
proceed to step 26.
    (5) Step 26. If the present source is producing an unsatisfactory 
part, but technical reasons prohibit seeking a new source, specify the 
reasons.
    (6) Step 27. Does the part require prior qualification or other 
approval testing? If the answer is positive, proceed to step 28; if 
negative, proceed to step 32.
    (8) Step 28. Specify the requirement.
    (9) Step 29. Estimate the time required to qualify a new source.
    (10) Step 30. Is there currently a qualified source?
    (11) Step 31. Who is responsible for qualifications of the 
subcontractor, present prime contractor, the Government, or an 
independent testing agency?
    (i) If a qualified source is currently in existence, the review 
should consider who will be responsible for qualification in the event 
of competitive acquisition. If qualification testing is such that it can 
be performed by the selected source under a preproduction or first 
article clause in the contract, the costs of initial approval should be 
reflected in the offers received. If the part requires initial 
qualification tests by some other agency such as the present prime 
contractor, the Government, an independent testing agent outside the 
Government, or by technical facilities within the departments, out-of-
pocket costs may be incurred if the part is competed. An estimate of 
qualification costs should then be made and recorded in such cases.
    (ii) Where facilities within the Government are not adequate for 
testing or qualification, or outside agencies such as the equipment 
contractor cannot or will not do the job, the economics of qualification 
may be unreasonable, and a narrative statement of these facts should 
replace the cost estimate. Whenever possible, such as in the case of 
engine qualification tests, economy of combined qualification tests 
should be considered.
    (c) Quality assurance procedures (steps 32-33). Quality control and 
inspection is a primary consideration when making a decision to 
breakout. Where the prime contractor performs quality assurance 
functions beyond

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those of the part manufacturer or other sources, the Government may--
    (1) Develop the same quality control and inspection capability in 
the manufacturer's plant;
    (2) Assume the responsibility for quality; or
    (3) Undertake to obtain the quality assurance services from another 
source, possibly the prime contractor.
    (4) Step 32. Who is now responsible for quality control and 
inspection of the part?
    (5) Step 33. Can a new source be assigned responsibility for quality 
control? Is the level of the quality assurance requirements specified in 
the system contract necessary for the screened part? The minimum quality 
assurance procedures for each part shall be confirmed.
    (i) A new source shall be considered if--
    (A) Any essential responsibility (e.g., burn-in, reliability, 
maintainability) retained by the prime contractor for the part and its 
relationship to the end item can be eliminated, shifted to the new 
source, or assumed by the Government;
    (B) The prime contractor will provide the needed quality assurance 
services;
    (C) The Government can obtain competent, impartial services to 
perform quality assurance responsibility; or
    (D) The new source can maintain an adequate quality assurance 
program, inspection system, or inspection appropriate for the part.
    (ii) If the prime contractor has responsibility for quality that a 
new source cannot assume or obtain, or that the Government cannot 
undertake or eliminate, consideration of the new source is precluded.
    (d) Tooling procedures (steps 34-37). (1) Step 34. Is tooling or 
other special equipment required?
    (2) Step 35. Specify the type of tooling.
    (3) Step 36. Estimate additional acquisition leadtime for setup and 
for tooling.
    (4) Step 37. Does the Government possess this tooling? If tooling or 
special equipment is required for production of the part, the types and 
quantities should be specified. Investigation can then be made as to 
whether the Government possesses such tooling and can make it available 
to a new source. A requirement for special tooling is not necessarily a 
deterrent to competitive solicitation for parts. The Government may find 
it desirable to purchase the needed tooling and furnish it to the new 
source. In this case, the costs can be determined with reasonable 
accuracy. However, if new sources can provide the tooling or special 
equipment, this will be reflected in competitive prices and should not 
normally require further analysis.
E-303.5  Economic evaluation phase (steps 38-56).
    (a) Economic evaluation concerns identification and estimation of 
breakout savings and direct cost offsets to breakout. The economic 
evaluation phase is composed of the three segments detailed in 
paragraphs (b) through (d) of this subsection.
    (b) Development of savings data (steps 38-40). (1) Step 38. Estimate 
remaining program life cycle buy value.
    (2) Step 39. Apply either a savings factor of 25 percent or one 
determined under local conditions and experience.
    (3) Step 40. Multiply the remaining program life cycle buy value by 
the savings factor to obtain the expected future savings, if the part is 
coded for breakout.
    (c) Computation of breakout costs (steps 41-47). Several groups of 
costs must be collected, summarized and compared to estimated savings to 
properly determine the economics of breakout. These costs include--
    (1) Direct costs (steps 41-45). Direct costs of breakout normally 
include all expenditures which are direct and wholly identifiable to a 
specific, successful breakout action, and which are not reflected in the 
part unit price. Examples of direct costs include Government tooling or 
special test equipment, qualification testing, quality control expenses, 
and industry participation costs (such as completion of the Contractor 
Technical Information Data Record) if borne by the Government.
    (i) Step 41. Estimate the cost to the Government for tooling or 
special equipment.
    (ii) Step 42. Estimate the cost, if any, to the Government for 
qualifying the new source.
    (iii) Step 43. Estimate the cost, if any, to the Government for 
assuring quality control, or the cost of contracting for quality 
control.
    (iv) Step 44. Estimate the cost to the Government for purchasing 
rights to data.
    (v) Step 45. Add estimated total direct costs to the Government to 
breakout the item.
    (2) Performance specification costs (steps 46-47). (i) Step 46. Is 
the breakout candidate constructed to a performance specification?
    (ii) Step 47. If the answer is yes in step 46, add performance 
specification breakout cost estimate elements to the result of step 45. 
The addition of an unknown number of nonstocked parts which must be 
stocked by the supply system for repairs is a significant element of 
cost associated with the decision to compete a performance specification 
assembly. (The same situation does not arise with respect to a design 
specification assembly since virtually all spare parts used to repair 
such an assembly are essentially identical to parts already in the 
assembly.) The cost of

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introducing these nonstocked parts into the system includes--
    (A) Additional catalog costs. The number of nonstocked parts 
forecasted to be in the competed assembly, multiplied by the variable 
cost of cataloging per line item.
    (B) Additional bin opening costs.
    The number of nonstocked parts forecasted to be in the competed 
assembly, multiplied by the variable cost of a bin opening at each of 
the locations where the part is to be stocked.
    (C) Additional management costs. The number of nonstocked parts 
forecasted to be in the competed assembly, multiplied by the variable 
cost of management per line item.
    (D) Additional technical data costs. The cost of a new set of 
technical data for the competed assembly, including the variable 
expenses of its production, reproduction, and distribution.
    (E) Additional repair tools and test equipment costs. The costs of 
additional special tools and test equipment not otherwise required by 
the existing assembly.
    (F) Additional logistics support costs. The costs associated with 
the new item such as spare and repair parts, technical manuals, and 
training.
    (d) Comparison of savings and costs (steps 48-56). Compare estimated 
breakout costs to forecasted breakout savings. If costs exceed estimated 
savings, it will be uneconomical to compete the part. Performance 
specification parts should be analyzed to ensure that pertinent breakout 
costs have been considered and, if it is not economical to breakout the 
part, whether an appropriate detailed design data package reduces costs 
sufficiently to make breakout economical.
    (1) Step 48. Compare total costs of breakout (step 47) to estimated 
savings (step 40).
    (2) Step 49. Are costs of breakout greater or less than estimated 
savings? If greater, proceed to step 50; if yes, proceed to step 51.
    (3) Step 50. Is the breakout candidate constructed to a performance 
specification? If no, proceed to step 54; if yes, proceed to step 57.
    (4) Step 51. Is it appropriate to obtain a detailed design data 
package? If yes, proceed to step 52; if no, proceed to step 54. The 
decision to change a performance specification part to a detailed design 
part obviously requires a critical engineering examination of the part 
itself, as well as a review of the impact such a change might have on 
the operational effectiveness of the system in which the equipment is to 
be employed. Acquisition of a performance specification part by a 
subsequently acquired design specification subjects the Government to 
the additional hazard of losing the money paid for the development of 
the design specification, should the design be altered during the 
contracting leadtime period. Accordingly, the engineering evaluation 
should closely review design stability over the anticipated contracting 
leadtime in order to avoid acquiring an obsolete or nonstandard part if 
the decision is made to compete it.
    (5) Step 52. Add the estimated cost of obtaining a detailed design 
data package to the results of step 45.
    (6) Step 53. If the results of step 52 are less than the estimated 
savings, initiate action to obtain a detailed design data package. 
Proceed to step 54 to code the part for a period until it can be 
rescreened using the design specification package. The code determined 
in this screening shall be assigned a suspense date commensurate with 
the leadtime required to obtain the detailed design data package (see E-
203(b)).
    (7) Step 54. Is the part manufactured by the prime contractor? If 
yes, code the part AMC 3; if no, proceed to step 55.
    (8) Step 55. Can the part be acquired directly from the actual 
manufacturer? If no, proceed to step 56; if yes, code the part AMC 3 or 
4, as applicable.
    (9) Step 56. Specify the reasons for inability to obtain the part 
from the actual manufacturer. Code the part AMC 5.
E-303.6  Supply feedback phase (steps 57-65).
    (a) The supply feedback phase of the analysis is the final screening 
phase for breakout parts. This phase in completed for all AMC 2 parts to 
determine if sufficient time is available to breakout on the immediate 
buy and to communicate this information to the inventory manager 
responsible for the requirement. First, all additional time factors 
required to breakout the part are added. Total time is subtracted from 
the immediate and future buy date and the result compared to the current 
date. (Note: Not all time factors listed apply to each part screened.) 
If the result is the same or earlier than the required contract date, 
the part is coded competitive and action is begun to qualify additional 
sources as necessary. If the result is later than the required contract 
date, action to compete the immediate buy quantity should be initiated 
if the inventory manager can find some means of accepting later 
delivery. If this is impossible, the appropriate records should be 
annotated for competitive acquisition of the next replenishment buy 
quantity. If late delivery is acceptable, the inventory manager should 
compute requirements for the part and initiate an appropriate purchase 
requisition.
    (b) Procedures. (1) Step 57. Add all additional time factors 
required to breakout the part (steps 13, 14, 29, and 36).
    (2) Step 58. Add the results of step 57 to the date of this review.
    (3) Step 59. Compare the result of step 58 to the date that the 
contract or order must be placed.

[[Page 218]]

    (4) Step 60. Is the result of step 59 earlier than, later than, or 
the same as the contract or order date? (If earlier or the same, proceed 
to step 61; if later, proceed to step 63.)
    (5) Step 61. Can supply accept late delivery? If yes, proceed to 
step 62; if no, proceed to step 63.
    (6) Step 62. Notify the inventory manager to compute requirements 
and initiate a purchase requisition. Proceed to step 64.
    (7) Step 63. Code the part AMC 2. Insufficient time to compete on 
this buy.
    (8) Step 64. Code the part AMC 2.
    (9) Step 65. Begin actions to qualify new sources, if required and 
possible.
E-304  Limited screening procedures.
    (a) Limited screening procedures are only appropriate when the full 
screening process cannot be completed for a part in sufficient time to 
support an immediate buy requirement. If limited screening does not 
result in a competitive AMC and the part is characterized by a high buy 
value and high buy quantity in the annual buy forecast, full screening 
procedures shall be immediately initiated.
    (b) Limited screening procedures cover only the essential points of 
data and technical evaluations more completely described in full 
screening procedures (see E-303). Extensive legal review of rights or 
technical review of data is not required; nor is backup information on 
type and extent of qualification testing, quality control procedures and 
master tooling required. A summary flow chart of the limited screening 
decision steps is provided at Exhibit III.
    (c) The limited screening decision steps are followed sequentially 
if the answer to the question in each step is affirmative. If any step 
is answered in the negative, proceed directly to step 10.
    (1) Step 1. Assemble all available data and establish a file for 
each part. Collect identification data, relevant data obtained from 
industry, contracting and technical history data and current status of 
the part (see E-303.1).
    (2) Step 2. Do the available documents establish Government rights 
to use the data for acquisition purposes? If the Government's rights to 
use data in its possession is questionable, resolution of the rights 
must continue beyond award of the immediate buy.
    (3) Step 3. Is the data package sufficient, accurate, and legible? 
If the Government does not have in its possession sufficient, accurate, 
or legible data, action shall be promptly initiated to resolve the 
deficiency for the next buy.
    (4) Step 4. Is the design of the part stable over the anticipated 
acquisition leadtime?
    (5) Step 5. Is a satisfactory part now being produced?
    (6) Step 6. Can the part be acquired from a new source without prior 
qualification testing or other approval testing?
    (7) Step 7. Can the Government or a new source be responsible for 
quality assurance?
    (8) Step 8. Can the part be manufactured without master or 
coordinated tooling or other special equipment; if no, is there more 
than one source which has the tooling or special equipment?
    (9) Step 9. Assign AMC 2. Proceed to step 11.
    (10) Step 10. Assign AMC 3, 4, or 5, as appropriate.
    (11) Step 11. Establish the date of the next review (see E-104(c) 
and E-203(b)).

                     Part 4--Contractor's Assistance

E-400  General.
    (a) Contractor's assistance in screening shall be requested on 
provisioned and replenishment parts after consideration of the benefit 
expected from the contractor's technical information and the cost to the 
Government of obtaining such assistance.
    (b) Contractor's assistance shall not be requested for parts covered 
by Government/industry specifications, commercially available parts or 
parts for which data is already available.
    (c) Arrangements entered into with contractor to obtain technical 
information shall provide that--
    (1) Contractors will exert their best effort to make impartial 
technical evaluations using applicable technical data and the experience 
of competent personnel; and
    (2) No costs to the Government will be incurred for duplicate 
screening of parts.
E-401  Contractor's technical evaluation procedures.
    (a) Contractor's technical evaluation for the screening process 
shall be required contractually by incorporating MIL-STD-789, which 
delineates the contractor's responsibilities and procedures and 
prescribes use of the contractor DD Form 1418, Technical Information 
Record, and the DD Form 1418-1, Technical Data Identification Checklist, 
a copy of each document listed on DD Form 1418-1, and other substantive 
data that was used in developing the contractor's recommendations.
    (b) When MIL-STD-789 is incorporated in a contract, the DD Form 
1423, Contract Data Requirements List, shall specify the requirement for 
the submission of DD Form 1418, Technical Information Record, and DD 
Form 1418-1, Technical Data Identification Checklist, in accordance with 
MIL-STD-789.

[[Page 219]]

                        Part 5--Reporting System

E-500  General.
    This part prescribes reports regarding the breakout program which 
cannot be obtained from other sources. These reports are used to 
evaluate the effectiveness of breakout programs, establish a baseline 
for all spare part acquisitions, and identify trends in spare parts 
acquisition.
E-501  Reports.
    (a) Spare Parts Breakout Screening Report (RCS DD P&L(Q&SA)714A). 
This is a cumulative semi-annual report reflecting the accomplishments 
of the breakout program. The report describes the results of full and 
limited screening for provisioning and replenishment parts by number of 
different NSNs for each AMC. Departments and agencies shall also 
maintain actual cost data attributable to the Spare Parts Breakout 
Program which shall be forwarded on this report semi-annually.
    (b) Spare Parts Acquisition Report (RCS DD P&L(Q&SA) 714B). This is 
a cumulative semi-annual report for all purchases made of spare parts 
during the current fiscal year. This report describes the number and 
extended dollar value of different NSNs purchased for each AMC. 
Departments and agencies shall also maintain actual savings (or cost 
avoidance) data attributable to the Spare Parts Breakout Program which 
shall be forwarded on this report semi-annually. Because of extraneous 
factors such as contracting leadtimes and changes in spare parts 
requirements, this report will not always reflect the acquisition of the 
parts screened during a reporting period (contained on the Spare Parts 
Breakout Screening Report). Also, it will not show in all instances how 
the part was actually acquired. This report is intended to be an 
indication of the success of the breakout program, and designed to show 
trends in the coding and data available to buyers in the acquisition 
package.
E-502  Reporting procedures.
    (a) Departments and agencies shall maintain and forward semi-annual 
reports. The second semi-annual report in a fiscal year shall reflect 
cumulative totals for the current fiscal year using the formats in 
Exhibits IV and V.
    (b) The reports will be due no later than 45 days after the end of 
each period designated.
    (c) Submissions will be made to the Assistant Secretary of Defense 
(Production and Logistics), ATTN: Deputy Assistant Secretary for 
Logistics.
E-503  Reporting instructions.
    (a) Spare parts breakout screening report. Using the format in 
Exhibit IV, provide the following--
    (1) Enter reporting activity name, fiscal year, and period ending.
    (2) For each AMC/AMSC listed, enter the number of different NSNs for 
which screening was completed during the period. Show zeros where 
applicable. This should be done for both full and limited screening.
    (3) Report the total costs of the breakout program incurred for the 
period. Although this will be primarily labor costs, it should also 
include appropriate prorated costs of ADP services, office overhead, 
data retrieval service costs, etc. (see E-303.5).
    (b) Spare parts acquisition report. Using the format in Exhibit V, 
provide the following--
    (1) Enter reporting activity name, fiscal year, and period ending.
    (2) For each AMC/AMSC listed, enter the number of different NSNs 
purchased during the current fiscal year and their extended dollar 
value.
    (3) Report the actual breakout program savings or cost avoidances as 
measured by completed acquisition (not anticipated acquisitions). Price 
differentials should be measured on each acquisition where a breakout 
action has taken place. They should equal the difference between the 
previous contract unit price and the current contract unit price, times 
the number of units purchased.

                 Exhibit I--Valid AMC/AMSC Combinations                 
                      Acquisition Method Code (AMC)                     
------------------------------------------------------------------------
   AMSC         0          1          2         3         4         5   
------------------------------------------------------------------------
A                X          o         o         o         o         o   
B                X          o         o         o         o         o   
C                X          o         o         o         o         o   
D                X          X         X         o         o         o   
G                X          o         o         X         X         X   
H                X          o         o         o         o         o   
K                X          o         o         o         o         o   
L                X          o         o         o         o         o   
M                X          o         o         o         o         o   
N                X          o         o         o         o         o   
O                o          X         X         X         X         X   
P                X          o         o         o         o         o   
Q                X          o         o         o         o         o   
R                X          o         o         o         o         o   
S                X          o         o         o         o         o   
T                X          o         o         X         X         X   
U                X          o         o         o         o         o   
V                X          o         o         o         o         o   
Y                X          o         o         o         o         o   
Z                X          o         o         o         o         o   
------------------------------------------------------------------------
o = Valid Combinations.                                                 
X = Invalid Combinations.                                               

     Exhibit II--Full Screening Decision Process Summary Flow Chart

    Note: Exhibit II appears in the 1991 Looseleaf Edition of the 
Defense FAR Supplement.

[[Page 220]]

Copies can be obtained from: Defense Acquisition Regulations System, 
OUSD(A), Washington, DC 20301-3000.

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[GRAPHIC] [TIFF OMITTED] TC01MR91.121



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[GRAPHIC] [TIFF OMITTED] TC01MR91.122



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[GRAPHIC] [TIFF OMITTED] TC01MR91.123


[56 FR 36595, July 31, 1991, as amended at 58 FR 37868, July 14, 1993]

[[Page 224]]



          Appendix F--Material Inspection and Receiving Report

Sec.
Part 1--Introduction
    F-101  General.
    F-102  Applicability.
    F-103  Use.
    F-104  Application.
    F-105  Forms.
Part 2--Contract Quality Assurance (CQA) on Shipments Between 
          Contractors
    F-201  Instructions.
Part 3--Preparation of the DD Form 250 and DD Form 250c
    F-301  Preparation instructions.
    F-302  Mode/method of shipment codes.
    F-303  Consolidated shipments.
    F-304  Multiple consignee instructions.
    F-305  Correction instructions.
    F-306  Invoice instructions.
    F-307  Packing list instructions.
    F-308  Receiving instructions.
Part 4--Distribution of DD Form 250 and DD Form 250c
    F-401  Distribution.
Part 5--Preparation of the DD Form 250-1 (Loading Report)
    F-501  Instructions.
Part 6--Preparation of the DD Form 250-1 (Discharge Report)
    F-601  Instructions.
Part 7--Distribution of the DD Form 250-1
    F-701  Distribution.
    F-702  Corrected DD Form 250-1.

    Authority; 41 U.S.C. 421 and 48 CFR chapter 1.

                          Part 1--Introduction

F-101  General.
    This appendix contains procedures and instructions for the use, 
preparation, and distribution of the material inspection and receiving 
report (MIRR) (DD Form 250 series) and commercial shipping/packing lists 
used to document Government contract quality assurance.
F-102  Applicability.
    (a) The provisions of this appendix apply to supplies or services 
acquired by DoD when the clause at 252.246-7000, Material Inspection and 
Receiving Report, is included in the contract. If the contract contains 
the clause at FAR 52.213-1, Fast Payment Procedure, the contractor may 
elect not to prepare a DD Form 250.
    (b) When DoD provides quality assurance or acceptance services for 
non-DoD activities, prepare a MIRR using the instructions in this 
appendix, unless otherwise specified in the contract.
F-103  Use.
    (a) The DD Form 250 is a multipurpose report used--(1) To provide 
evidence of Government contract quality assurance at origin or 
destination;
    (2) To provide evidence of acceptance at origin or destination;
    (3) For packing lists;
    (4) For receiving;
    (5) For shipping;
    (6) As a contractor invoice; and
    (7) As commercial invoice support.
    (b) Do not use the DD Form 250 for shipments--(1) By subcontractors, 
unless the subcontractor is shipping directly to the Government; or
    (2) Of contract inventory.
    (c) The contractor prepares the MIRR, except for entries that an 
authorized Government representative is required to complete.
    (d) Use the DD Form 250-1--(1) For bulk movements of petroleum 
products by tanker or barge to cover--
    (i) Origin or destination acceptance of cargo; or
    (ii) Shipment or receipt of Government owned products.
    (2) To send quality data to the point of acceptance in the case of 
origin inspection on FOB destination deliveries or preinspection at 
product source. Annotate the forms with the words ``INSPECTED FOR 
QUALITY ONLY.''
F-104  Application.
    (a) DD Form 250. (1) Use the DD Form 250 for delivery of contract 
line, subline, exhibit line, or exhibit subline items. Do not use the DD 
Form 250 for those exhibit line or exhibit subline items on a DD Form 
1423, Contract Data Requirements List, that indicate no DD Form 250 is 
required.
    (2) If the shipped to, marked for, shipped from, mode of shipment, 
contract quality assurance and acceptance data are the same for more 
than one shipment made on the same day under the same contract, 
contractors may prepare one MIRR to cover all such shipments.
    (3) If the volume of the shipment precludes the use of a single car, 
truck, or other vehicle, prepare a separate MIRR for the contents of 
each vehicle.
    (4) When a shipment is consigned to an Air Force activity and the 
shipment includes items of more than one federal supply class (FSC) or 
material management code (MMC), prepare a separate DD Form 250 for items 
of each of the FSCs or MMCs in the shipment. However, the cognizant 
Government representative may authorize a single DD Form 250, listing 
each of the FSCs or MMCs included in the shipment on a separate 
continuation sheet. The MMC appears as a suffix to the national stock 
number applicable to the item.

[[Page 225]]

    (5) Consolidation of Petroleum Shipments on a Single MIRR--(i) 
Continental United States. Contractors may consolidate multiple car or 
truck load shipments of petroleum made on the same day, to the same 
destination, against the same contract line item, on one MIRR. To permit 
verification of motor deliveries, assign each load a load number which 
can be identified to the shipment number in Block 2 of the DD Form 250. 
Include a shipping document (commercial or government) with each 
individual load showing as a minimum--
    (A) The shipper;
    (B) Shipping point;
    (C) Consignee;
    (D) Contract and line item number;
    (E) Product identification;
    (F) Gross gallons (bulk only);
    (G) Loading temperature (bulk only);
    (H) American Petroleum Institute gravity (bulk only);
    (I) Identification of carrier's equipment;
    (J) Serial number of all seals applied; and
    (K) Signature of supplier's representative.
    When acceptance is at destination, the receiving activity retains 
the shipping document(s) to verify the entries on the consignee copy of 
the DD Form 250 forwarded by the contractor (reference F-401, Table 1) 
before signing Block 21B.
    (ii) Overseas. The same criteria as for continental U.S. applies, 
except the consolidation period may be extended, if acceptable to the 
receiving activity, shipping activity, Government finance office, and 
the authorized Government representative having cognizance at the 
contractor's facility. In addition, the contractor may include more than 
one contract line item in each DD Form 250 if the shipped to, marked 
for, shipped from, mode of shipment, contract quality assurance, and 
acceptance data are the same for all line items.
    (6) Consolidation of Coal Shipments on a Single MIRR. Contractors 
may consolidate multiple railcar or truck shipments of coal made on the 
same day, to the same destination, against the same contract line items, 
on one MIRR. To permit verification of truck deliveries, assign each 
load a load number which can be identified to the shipment number in 
Block 2 of the DD Form 250 and the analytical test report. Include a 
commercial shipping document with each individual truck load showing as 
a minimum--
    (i) The shipper;
    (ii) The name or names;
    (iii) Location and shipping point of the mine or mines from which 
the coal originates;
    (iv) The contract number;
    (v) The exact size of the coal shipped; and
    (vi) A certified weighmaster's certification of weight for the 
truckload.
    Include a waybill with each rail shipment showing the identical 
information. To permit verification of rail deliveries, identify each 
railcar number comprising the shipment to the shipment number in Block 2 
of the DD Form 250 and the analytical test report. When acceptance is at 
destination, the receiving activity must retain the shipping document(s) 
to verify the entries on the consignee copy of the DD Form 250.
    (b) DD Form 250-1. (1) Use a separate form for each tanker or barge 
cargo loaded.
    (2) The contractor may report more than one barge in the same tow on 
a single form if on the same contract and consigned to the same 
destination.
    (3) When liftings involve more than one contract, prepare separate 
forms to cover the portion of cargo loaded on each contract.
    (4) Prepare a separate form for each product or grade of product 
loaded.
    (5) Use a separate document for each tanker or barge cargo and each 
grade of product discharged.
    (6) For discharge, the contractor may report more than one barge in 
the same tow on a single form if from the same loading source.
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.

     Part 2--Contract Quality Assurance (CQA) on Shipments Between 
                               Contractors

F-201  Instructions.
    (a) Use the supplier's commercial shipping document/packing list to 
enter performance of required CQA actions at subcontract level. Make the 
following entries on the supplier's commercial shipping document/packing 
list:
    Required CQA of listed items has been performed.
_______________________________________________________________________
 (Signature of Authorized Govt. Rep. or DoD Stamp)
_______________________________________________________________________
(Date)
_______________________________________________________________________
 (Typed Name and Office)
    (b) Distribution for Government purposes shall be--
    (1) One copy with shipment;
    (2) One copy for the Government representative at consignee (via 
mail); and

[[Page 226]]

    (3) One copy for the Government representative at consignor.

         Part 3--Preparation of the DD Form 250 and DD Form 250c

F-301  Preparation instructions.
    (a) General.
    (1) Dates shall use seven spaces consisting of the last two digits 
of the year, three alphabetic month abbreviation, and two digits for the 
day. For example, 90AUG07, 90SEP24.
    (2) Addresses shall consist of the name, street address/P.O. box, 
city, state, and ZIP code.
    (3) Enter to the right of and on the same line as the word ``Code'' 
in Blocks 9 through 12 and in Block 14--(i) The Commercial and 
Government Entity Handbook (H4/H8) code,
    (ii) DoD Activity Address Directory (DODAAD) code, or
    (iii) The Military Assistance Program Address Directory (MAPAD) 
code.
    (4) Enter the DODAAD, CAGE (H4/H8), or MAPAD code in Block 13.
    (5) The data entered in the blocks at the top of the DD Form 250c 
must be identical to the comparable entries in Blocks 1, 2, 3, and 6 of 
the DD Form 250.
    (6) Enter overflow data from the DD Form 250 in Block 16 or in the 
body of the DD Form 250c with an appropriate cross reference. Do not 
number or distribute additional DD Form 250c sheets, solely for 
continuation of Block 23 data as part of the MIRR.
    (7) Do not include classified information in the MIRR. MIRRs shall 
not be classified.
    (b) Completion instructions--
    (1) Block 1--Proc instrument iden (contract).
    (i) Enter the 13 position alpha-numeric basic Procurement Instrument 
Identification Number (PIIN) of the contract. When applicable, enter the 
four alpha-numeric call/order serial number which is supplementary to 
the 13 position basic PIIN. This number is also referred to as the 
Supplementary Procurement Instrument Identification Number (SPIIN). Use 
SPIINs for (also see 204.70)--
    (A) Delivery orders under indefinite delivery type contracts;
    (B) Orders under basic ordering agreements; and
    (C) Calls under blanket purchase agreements.
    (ii) Except as indicated in paragraph (iii), do not enter 
supplementary numbers used in conjunction with basic PIINs to identify--
    (A) Modifications of contracts and agreements;
    (B) Modifications to calls/orders; or
    (C) Document numbers representing contracts written between 
contractors.
    (iii) When shipping instructions are furnished by telephone or TWX 
message and shipment is made before receipt of the confirming contract 
modification (SF 30, Amendment of Solicitation /Modification of 
Contract), enter the contract modification six digit number or the two 
digit call or order number immediately following the PIIN or call/order 
four digit SPIIN.
    (iv) For DoD delivery orders on non-DoD contracts, enter the non-DoD 
contract number immediately below the PII number.

------------------------------------------------------------------------
    1. Proc instrument iden (contract)               (Order) No.        
------------------------------------------------------------------------
DSA400-90-F-1684..........................                              
GS-000S-61917.............................                              
------------------------------------------------------------------------

    (v) When a contract number other than PII number is used, enter that 
contract number.
    (2) Block 2--Shipment No. (i) The shipment number has a three alpha 
character prefix and a four numeric or alpha-numeric serial number.
    (A) The prime contractor shall control and assign the shipment 
number prefix. The shipment number shall consist of three alphabetic 
characters for each ``Shipped From'' address (Block 11). The shipment 
number prefix shall be different for each ``Shipped From'' address and 
shall remain constant throughout the life of the contract. The prime 
contractor may assign separate prefixes when shipments are made from 
different locations within a facility identified by one ``Shipped From'' 
address.
    (B) Number the first shipment 0001 for shipments made under the 
contract or contract and order number shown in Block 1 from each 
``Shipped From'' address, or shipping location within the ``Shipped 
From'' address. Consecutively number all subsequent shipments with the 
identical shipment number prefix.
    (1) Use alpha-numeric serial numbers when more than 9,999 numbers 
are required. Serially assign alpha-numeric numbers with the alpha in 
the first position (the letters I and O shall not be used) followed by 
the three position numeric serial number. Use the following alpha-
numeric sequence:

    A000 through A999 (10,000 through 10,999)
    B000 through B999 (11,000 through 11,999)
    Z000 through Z999 (34,000 through 34,999)

    (2) When this series is completely used, start over with 0001.
    (ii) Reassign the shipment number of the initial shipment where a 
``Replacement Shipment'' is involved (Block 16(d)(6)).
    (iii) The prime contractor shall control deliveries and on the final 
shipment of the contract shall end the shipment number with a ``Z.'' 
Where the final shipment is from other than the prime contractor's 
plant, the prime contractor may elect either to:
    (A) Direct the subcontractor making the final shipment to end that 
shipment number with a ``Z''; or
    (B) Upon determination that all subcontractors have completed their 
shipments,

[[Page 227]]

to correct the DD Form 250 (see F-305) covering the final shipment made 
from the prime contractor's plant by addition of a ``Z'' to that 
shipment number.
    (iv) Contractors follow the procedures in F-306 to use commercial 
invoices.
    (3) Block 3--Date Shipped. Enter the date the shipment is released 
to the carrier or the date the services are completed. If the shipment 
will be released after the date of CQA and/or acceptance, enter the 
estimated date of release. When the date is estimated, enter an ``E'' 
after the date. Do not delay distribution of the MIRR for entry of the 
actual shipping date. Reissuance of the MIRR is not required to show the 
actual shipping date.
    (4) Block 4--B/L TCN. When applicable, enter--
    (i) The commercial or Government bill of lading number after ``B/
L;''
    (ii) The transportation control number after ``TCN'' (when a TCN is 
assigned for each line item on the DD Form 250 under Block 16 
instructions, insert ``See Block 16''); and
    (iii) The initial (line haul) mode of shipment code in the lower 
right corner of the block (see F-302).
    (5) Block 5--Discount Terms. (i) The contractor may enter the 
discount in terms of percentages on all copies of the MIRR.
    (ii) Use the procedures in F-306 when the MIRR is used as an 
invoice.
    (6) Block 6--Invoice No./date. (i) The contractor may enter the 
invoice number and actual or estimated date of invoice submission on all 
copies of the MIRR. When the date is estimated, enter an ``E'' after the 
date. Do not correct MIRRs other than invoice copies to reflect the 
actual date of invoice submission.
    (ii) Use the procedures in F-306 when the MIRR is used as an 
invoice.
    (7) Block 7--Page/of.
    Consecutively number the pages of the MIRR. On each page enter the 
total number of pages of the MIRR.
    (8) Block 8--Acceptance point.
    Enter an ``S'' for Origin or ``D'' for destination.
    (9) Block 9--Prime contractor/code.
    Enter the code and address.
    (10) Block 10--Administered by/code.
    Enter the code and address of the contract administration office 
(CAO) cited in the contract.
    (11) Block 11--Shipped from/code/FOB.
    (i) Enter the code and address of the ``Shipped From'' location. If 
identical to Block 9, enter ``See Block 9.''
    (ii) For performance of services line items which do not require 
delivery of items upon completion of services, enter the code and 
address of the location at which the services were performed. If the DD 
Form 250 covers performance at multiple locations, or if identical to 
Block 9, enter ``See Block 9.''
    (iii) Enter on the same line and to the right of ``FOB'' an ``S'' 
for Origin or ``D'' for Destination as specified in the contract. Enter 
an alphabetic ``O'' if the ``FOB'' point cited in the contract is other 
than origin or destination.
    (iv) For destination or origin acceptance shipments involving 
discount terms, enter ``DISCOUNT EXPEDITE'' in at least one-half inch 
outline-type style letters across Blocks 11 and 12. Do not obliterate 
other information in these blocks.
    (12) Block 12--Payment will be made by/code. Enter the code and 
address of the payment office cited in the contract.
    (13) Block 13--Shipped to/code. Enter the code and address from the 
contract or shipping instructions.
    (14) Block 14--Marked for/code. Enter the code and address from the 
contract or shipping instructions. When three-character project codes 
are provided in the contract or shipping instructions, enter the code in 
the body of the block, prefixed by ``Proj''; do not enter in the code 
block.
    (15) Block 15--Item No. Enter the item number used in the contract.
    (i) Use item numbers under the Uniform Contract Line Item Numbering 
System (see 204.71).
    (ii) Position the item numbers as follows--
    (A) For item numbers with four or less digits, enter the number 
immediately to the left of the vertical dashed line and prefix them with 
zeros, to achieve four digits.
    (B) For item numbers with six digits, with alpha digits in the final 
two positions, enter the last two digits to the right of the vertical 
dashed line.
    (C) For item numbers with six digits, with numbers in the final two 
positions, enter the first four digits immediately to the left of the 
vertical dashed line. Do not use the last two digits.
    (iii) Line item numbers not in accordance with the Uniform Contract 
Line Item Numbering System may be entered without regard to positioning.
    (16) Block 16--Stock/part No./description. (i) Use single or double 
spacing between line items when there are less than four line items. Use 
double spacing when there are four or more line items. Enter the 
following for each line item:
    (A) The national stock number (NSN) or noncatalog number. Where 
applicable, include a prefix or suffix. If a number is not provided, or 
it is necessary to supplement the number, include other identification 
such as the manufacturer's name or federal supply code (as published in 
Cataloging Handbook H4-1), and the part number. Show additional part 
numbers in parentheses or slashes. Show the descriptive noun of the

[[Page 228]]

item nomenclature and if provided, the Government assigned management/
material control code. The contractor may use the following technique in 
the case of equal kind supply items. The first entry shall be the 
description without regard to kind. For example, ``Shoe-Low Quarter-
Black,'' ``Resistor,'' ``Vacuum Tube,'' etc. Below this description, 
enter the contract line item number in Block 15 and Stock/Part number 
followed by the size or type in Block 16.
    (B) On the next printing line, if required by the contract for 
control purposes, enter: the make, model, serial number, lot, batch, 
hazard indicator, or similar description.
    (C) On the next printing lines enter--
    (1) The MIPR number prefixed by ``MIPR'' or the MILSTRIP requisition 
number(s) when provided in the contract; or
    (2) Shipping instructions followed on the same line (when more than 
one requisition is entered) by the unit for payment and the quantity 
shipped against each requisition.

Example:
    V04696-185-750XY19059A--EA 5
    N0018801776038XY3211BA--EA 200
    AT650803050051AAT6391J--EA 1000

    (D) When a TCN is assigned for each line item, enter on the next 
line the transportation control number prefixed by ``TCN.''
    (ii) For service line items, enter the word ``SERVICE'' followed by 
as short a description as is possible in no more than 20 additional 
characters. Some examples of service line items are maintenance, repair, 
alteration, rehabilitation, engineering, research, development, 
training, and testing. Do not complete Blocks 4, 13, and 14 when there 
is no shipment of material.
    (iii) For all contracts administered by Defense Contract Management 
Command, with the exception of fast pay procedures, enter and complete 
the following:

    Gross Shipping Wt. ____________
    State weight in pounds only.

    (iv) Starting with the next line, enter the following as appropriate 
(entries may be extended through Block 20). When entries apply to more 
than one line item in the MIRR, enter them only once after the last line 
item entry. Reference applicable line item numbers.
    (A) Enter in capital letters any special handling instructions/
limits for material environmental control, such as temperature, 
humidity, aging, freezing, shock, etc.
    (B) When a shipment is chargeable to Navy appropriation 17X4911, 
enter the appropriation, bureau control number (BCN), and authorization 
accounting activity (AAA) number (e.g., 17X4911-14003-104).
    (C) When the Navy transaction type code (TC), ``2T'' or ``7T'' is 
included in the appropriation data, enter ``TC 2T'' or ``TC 7T.''
    (D) When an NSN is required by but not cited in a contract and has 
not been furnished by the Government, the contractor may make shipment 
without the NSN at the direction of the contracting officer. Enter the 
authority for such shipment.
    (E) When Government furnished property (GFP) is included with or 
incorporated into the line item, enter the letters ``GFP.''
    (F) When shipment consists of replacements for supplies previously 
furnished, enter in capital letters ``REPLACEMENT SHIPMENT.'' (See F-
301, Block 17, for replacement indicators).
    (G) On shipments of Government furnished aeronautical equipment 
(GFAE) under Air Force contracts, enter the assignment AERNO control 
number, e.g., ``AERNO 60-6354.''
    (H) For items shipped with missing components, enter and complete 
the following:
    ``Item(s) shipped short of the following component(s): NSN or 
comparable identification ____________, Quantity ____________, Estimated 
Value ____________, Authority ____________''
    (I) When shipment is made of components which were short on a prior 
shipment, enter and complete the following:
    ``These components were listed as shortages on shipment number 
____________, date shipped ____________''
    (J) When shipments involve drums, cylinders, reels, containers, 
skids, etc., designated as returnable under contract provisions, enter 
and complete the following:
    ``Return to ____________, Quantity ____________, Item ____________, 
Ownership (Government/contractor).''
    (K) Enter the total number of shipping containers, the type of 
containers, and the container number(s) assigned for the shipment.
    (L) On foreign military sales (FMS) shipments, enter the special 
markings, and FMS case identifier from the contract. Also enter the 
gross weight.
    (M) When test/evaluation results are a condition of acceptance and 
are not available prior to shipment, the following note shall be entered 
if the shipment is approved by the contracting officer:

    ``Note: Acceptance and payment are contingent upon receipt of 
approved test/evaluation results.''

    The contracting officer will advise--
    (1) The consignee of the results (approval/disapproval); and
    (2) The contractor to withhold invoicing pending attachment of the 
approved test/evaluation results.
    (N) The copy of the DD Form 250 required to support payment for 
destination acceptance (top copy of those with shipment) or ARP origin 
acceptance shall be identified as follows: enter ``PAYMENT COPY'' in 
approximately one-half inch outline type style

[[Page 229]]

letters with ``FORWARD TO BLOCK 12 ADDRESS'' in approximately one-
quarter inch letters immediately below. Do not obliterate any other 
entries.
    (O) For clothing and textile contracts containing a bailment clause, 
enter the words ``GFP UNIT VALUE.''
    (P) When the initial unit incorporating an approved value 
engineering change proposal (VECP) is shipped, enter the following 
statement:
    This is the initial unit delivered which incorporates VECP No. 
____________, Contract Modification No. ____________, dated ____________
    (17) Block 17--Quantity shipped/received. (i) Enter the quantity 
shipped, using the unit of measure in the contract for payment. When a 
second unit of measure is used for purposes other than payment, enter 
the appropriate quantity directly below in parentheses.
    (ii) On the final shipment of a line item of a contract containing a 
clause permitting a variation of quantity and an underrun condition 
exists, the prime contractor shall enter a ``Z'' below the last digit of 
the quantity. Where the final shipment is from other than the prime 
contractor's plant and an underrun condition exists, the prime 
contractor may elect either to--
    (A) Direct the subcontractor making the final shipment to enter a 
``Z'' below the quantity; or
    (B) Upon determination that all subcontractors have completed their 
shipments, correct the DD Form 250 (see F-305) covering the final 
shipment of the line item from the prime contractor's plant by addition 
of a ``Z'' below the quantity. Do not use the ``Z'' on deliveries which 
equal or exceed the contract line item quantity.
    (iii) For replacement shipments, enter ``A'' below the last digit of 
the quantity, to designate first replacement, ``B'' for second 
replacement, etc. Do not use the final shipment indicator ``Z'' on 
underrun deliveries when a final line item shipment is replaced.

                              17. Quantity                              
                               Ship/rec'd                               
                                  1000                                  
                                  (10)                                  
                                    Z                                   
                                                                        

    (iv) If the quantity received is the same quantity shipped and all 
items are in apparent good condition, enter by a check mark. If 
different, enter actual quantity received in apparent good condition 
below quantity shipped and circle. The receiving activity will annotate 
the DD Form 250 stating the reason for the difference.
    (18) Block 18--Unit. Enter the abbreviation of the unit measure as 
indicated in the contract for payment. Where a second unit of measure is 
indicated in the contract for purposes other than payment or used for 
shipping purposes, enter the second unit of measure directly below in 
parentheses. Authorized abbreviations are listed in MIL-STD-129, Marking 
for Shipping and Storage. For example, LB for pound, SH for sheet.

                                18. Unit                                
                                   LB                                   
                                  (SH)                                  
                                                                        

    (19) Block 19--Unit price. The contractor may, at its option, enter 
unit prices on all MIRR copies, except as a minimum:
    (i) The contractor shall enter unit prices on all MIRR copies for 
each item of property fabricated or acquired for the Government and 
delivered to a contractor as Government furnished property (GFP). Get 
the unit price from Section B of the contract. If the unit price is not 
available, use an estimate. The estimated price should be the 
contractor's estimate of what the items will cost the Government. When 
the price is estimated, enter an ``E'' after the unit price.
    (ii) Use the procedures in F-306 when the MIRR is used as an 
invoice.
    (iii) For clothing and textile contracts containing a bailment 
clause, enter the cited Government furnished property unit value 
opposite ``GFP UNIT VALUE'' entry in Block 16.
    (iv) Price all copies of DD Forms 250 for FMS shipments with actual 
prices, if available. If actual prices are not available, use estimated 
prices. When the price is estimated, enter an ``E'' after the price.
    (20) Block 20--Amount. Enter the extended amount when the unit price 
is entered in Block 19.
    (21) Block 21--Contract quality assurance (CQA). (i) The words 
``conform to contract'' contained in the printed statements in Blocks A 
and B relate to quality and to the quantity of the items on the report. 
Do not modify the statements. Enter notes taking exception in Block 16 
or on attached supporting documents with an appropriate block cross 
reference.
    (ii) When a shipment is authorized under alternative release 
procedure, attach or include the appropriate contractor signed 
certificate on the top copy of the DD Form 250 copies distributed to the 
payment office or attach or include the appropriate contractor 
certificate on the contract administration office copy when contract 
administration (Block 10 of the DD Form 250) is performed by the Defense 
Contract Management Command (DCMC).
    (iii) When contract terms provide for use of Certificate of 
Conformance and shipment is made under these terms, the contractor shall 
enter ``Certificate of Conformance'' in Block 21A on the next line 
following the CQA and acceptance statements. Attach or include the 
appropriate contractor signed certificate

[[Page 230]]

on the top copy of the DD Form 250 copies distributed to the payment 
office or attach or include the appropriate certificate on the contract 
administration office copy when contract administration (Block 10 of the 
DD Form 250) is performed by DCMC. In addition, attach a copy of the 
signed certificate to, or enter on, copies of the MIRR sent with 
shipment.
    (iv) Origin. (A) The authorized Government representative shall--
    (1) Place an ``X'' in the appropriate CQA and/or acceptance box(es) 
to show origin CQA and/or acceptance. When the contract requires CQA at 
destination in addition to origin CQA, enter an asterisk at the end of 
the statement and an explanatory note in Block 16;
    (2) Sign and date;
    (3) Enter the typed, stamped, or printed name and office DODAAD 
code.
    (B) When alternative release procedures apply--
    (1) The contractor or subcontractor shall complete the entries 
required under paragraph (A) and enter in capital letters ``ALTERNATIVE 
RELEASE PROCEDURE'' on the next line following the printed CQA/
acceptance statement.
    (2) When acceptance is at origin and contract administration is 
performed by an office other than DCMC, the contractor shall furnish the 
four payment office copies of the MIRR to the authorized Government 
representative for dating and signing of one copy and forwarding of all 
copies to the payment office.
    (3) When acceptance is at origin and contract administration is 
performed by DCMC, furnish the contract administration office copy of 
the MIRR to the authorized Government representative for dating and 
signing and forwarding to the contract administration office (see F-401, 
Table 1).
    (C) When fast pay procedures apply, the contractor or subcontractor 
shall enter in capital letters ``FAST PAY'' on the next line following 
the printed CQA/acceptance statement. When CQA is required, the 
authorized Government representative shall execute the block as required 
by paragraph (A).
    (D) When Certificate of Conformance procedures apply, inspection or 
inspection and acceptance are at source, and the contractor's 
Certificate of Conformance is required, the contractor shall make 
entries required by paragraph (iv)(A).
    (1) For contracts administered by an office other than DCMC, furnish 
the four payment office copies of the MIRR to the authorized Government 
representative for dating and signing of one copy, and forwarding of all 
copies to the payment office.
    (2) For contracts administered by DCMC, furnish the contract 
administration office copy of the MIRR to the authorized Government 
representative for dating and signing and forwarding to the contract 
administration office (see F-401, Table 1).
    (3) When acceptance is at destination, no entry shall be made other 
than ``CERTIFICATE OF CONFORMANCE.''
    (v) Destination. (A) When acceptance at origin is indicated in Block 
21A, no entries shall be made in Block 21B.
    (B) When CQA and acceptance or acceptance is at destination, the 
authorized Government representative shall--
    (1) Place an ``X'' in the appropriate box(es);
    (2) Sign and date; and
    (3) Enter typed, stamped, or printed name and title.
    (C) When ``ALTERNATIVE RELEASE PROCEDURE'' is entered in Block 21A 
and acceptance is at destination, the authorized Government 
representative shall complete the entries required by paragraph (B).
    (D) Forward the executed payment copy or MILSCAP format identifier 
PKN or PKP to the payment office cited in Block 12 within 4 work days (5 
days when MILSCAP Format is used) after delivery and acceptance of the 
shipment by the receiving activity. Forward one executed copy of the 
final DD Form 250 to the contract administration office cited in Block 
10 for implementing contract closeout procedures, except where a Defense 
Contract Management Region or the DLA Finance Center is cited as the 
payment office in Block 12.
    (E) When ``FAST PAY'' is entered in Block 21A, make no entries in 
this block.
    (22) Block 22--Receiver's use. The receiving activity (Government or 
contractor) shall use this block to show receipt, quantity, and 
condition. The receiving activity shall enter the date the supplies 
arrived. For example, when off-loading or in-checking occurs subsequent 
to the day of arrival of the carrier at the installation, the date of 
the carrier's arrival is the date received for purposes of this block.
    (23) Block 23--Contractor use only. Self explanatory.
F-302  Mode/method of shipment codes.

------------------------------------------------------------------------
              Code                             Description              
------------------------------------------------------------------------
               A                 Motor, truckload.                      
               B                 Motor, less than truckload.            
               C                 Van (unpacked, uncrated personal or    
                                  Government property).                 
               D                 Driveaway, truckaway, towaway.         
               E                 Bus.                                   
               F                 Air Mobility Command (Channel and      
                                  Special Assignment Airlift Mission).  
               G                 Surface parcel post.                   
               H                 Air parcel post.                       
               I                 Government trucks, for shipment outside
                                  local delivery area.                  
               J                 Air, small package carrier.            
               K                 Rail, carload.\1\                      
               L                 Rail, less than carload.\1\            
               M                 Surface, freight forwarder.            

[[Page 231]]

                                                                        
               N                 LOGAIR.                                
               O                 Organic military air (including        
                                  aircraft of foreign governments).     
               P                 Through Government Bill of Lading      
                                  (TGBL).                               
               Q                 Commercial air freight (includes       
                                  regular and expedited service provided
                                  by major airlines; charters and air   
                                  taxis).                               
               R                 European Distribution System or Pacific
                                  Distribution System.                  
               S                 Scheduled Truck Service (STS) (applies 
                                  to contract carriage, guaranteed      
                                  traffic routings and/or scheduled     
                                  service).                             
               T                 Air freight forwarder.                 
               U                 QUICKTRANS.                            
               V                 SEAVAN.                                
               W                 Water, river, lake, coastal            
                                  (commercial).                         
               X                 Bearer, walk-thru (customer pickup of  
                                  material).                            
               Y                 Military Intratheater Airlift Service. 
               Z                 Military Sealift Command (MSC)         
                                  (controlled contract or arranged      
                                  space).                               
               2                 Government watercraft, barge, lighter. 
               3                 Roll-on Roll-off (RORO) service.       
               4                 Armed Forces Courier Service (ARFCOS). 
               5                 Surface, small package carrier.        
               6                 Military official mail (MOM).          
               7                 Express mail.                          
               8                 Pipeline.                              
               9                 Local delivery by Government or        
                                  commercial truck (includes on base    
                                  transfers; deliveries between air,    
                                  water, or motor terminals; and        
                                  adjacent activities). Local delivery  
                                  areas are identified in commercial    
                                  carriers' tariffs which are filed and 
                                  approved by regulatory authorities.   
------------------------------------------------------------------------
\1\ Includes trailer/container-on-flat-car (excluding SEAVAN).          

F-303  Consolidated shipments.
    When individual shipments are held at the contractor's plant for 
authorized transportation consolidation to a single bill of lading, the 
contractor may prepare the DD Forms 250 at the time of CQA or acceptance 
prior to the time of actual shipment (see Block 3).
F-304  Multiple consignee instructions.
    The contractor may prepare one MIRR when the identical line item(s) 
of a contract are to be shipped to more than one consignee, with the 
same or varying quantities, and the shipment requires origin acceptance. 
Prepare the MIRR using the procedures in this appendix with the 
following changes--
    (a) Blocks 2, 4, 13, and, if applicable, 14--Enter ``See Attached 
Distribution List.''
    (b) Block 15--The contractor may group item numbers for identical 
stock/part number and description.
    (c) Block 17--Enter the ``total'' quantity shipped by line item or, 
if applicable, grouped identical line items.
    (d) Use the DD Form 250c to list each individual ``Shipped To'' and 
``Marked For'' with--
    (1) Code(s) and complete shipping address and a sequential shipment 
number for each;
    (2) Line item number(s);
    (3) Quantity;
    (4) MIPR number(s), preceded by ``MIPR,'' or the MILSTRIP 
requisition number, and quantity for each when provided in the contract 
or shipping instructions; and
    (5) If applicable, bill of lading number, TCN, and mode of shipment 
code.
    (e) The contractor may omit those distribution list pages of the DD 
Form 250c that are not applicable to the consignee. Provide a complete 
MIRR for all other distribution.
F-305  Correction instructions.
    Make a new revised MIRR or correct the original when, because of 
errors or omissions, it is necessary to correct the MIRR after 
distribution has been made. Use data identical to that of the original 
MIRR. Do not correct MIRRs for Blocks 19 and 20 entries. Make the 
corrections as follows--
    (a) Circle the error and place the corrected information in the same 
block; if space is limited, enter the corrected information in Block 16 
referencing the error page and block. Enter omissions in Block 16 
referencing omission page and block. For example--

                             2. SHIPMENT NO.                            
                                (AAA0001)                               
                              See Block 16                              
                                                                        


                              17. QUANTITY                              
                               SHIP/REC'D                               
                                   19                                   
                                  (17)                                  
                                                                        


                     16. STOCK/PART NO. DESCRIPTION                     
                              CORRECTIONS:                              
Refer Block 2: Change shipment No. AAA001 to AAA0010 on all pages of the
 MIRR.                                                                  
Refer Blocks 15, 16, 17, and 18, page 2: Delete in entirety Line Item   
 No. 0006. This item was not shipped.                                   
                                                                        

    (b) When corrections have been made to entries for line items (Block 
15) or quantity (Block 17) enter the words ``CORRECTIONS HAVE BEEN 
VERIFIED'' on page 1. The authorized Government representative will date 
and sign immediately below the statement. This verification statement 
and signature are not required for other corrections.
    (c) Clearly mark the pages of the MIRR requiring correction with the 
words ``CORRECTED COPY.'' Avoid obliterating any other entries. Where 
corrections are made only on continuation sheets, also mark page number 
1 with the words ``CORRECTED COPY.''
    (d) Page 1 and only those continuation pages marked ``CORRECTED 
COPY'' shall be distributed to the initial distribution. A complete MIRR 
with corrections shall be distributed to new addressee(s) created by 
error corrections.

[[Page 232]]

F-306  Invoice instructions.
    The Government encourages, but does not require, contractors to use 
copies of the MIRR as an invoice, in lieu of a commercial form. If 
commercial forms are used, identify the related MIRR shipment number(s) 
on the form. If using the MIRR as an invoice, prepare and forward four 
copies to the payment office as follows--
    (a) Complete Blocks 5, 6, 19, and 20. Block 6 shall contain the 
invoice number and date. Column 20 shall be totaled.
    (b) Mark in letters approximately one inch high, first copy: 
``ORIGINAL INVOICE;'' three copies ``INVOICE COPY.''
    (c) Forward the four copies to the payment office (Block 12 
address), except when acceptance is at destination and a Navy finance 
office will make payment, forward to destination.
    (d) Be sure to separate the four copies of the MIRR used as an 
invoice from the copies the MIRR used as a receiving report.
F-307  Packing list instructions.
    Contractors may use copies of the MIRR as a packing list. The 
packing list copies are in addition to the copies of the MIRR required 
for standard distribution (see F-401). Mark them ``PACKING LIST.''
F-308  Receiving instructions.
    When the MIRR is used for receiving purposes, local directives shall 
prescribe procedures. If CQA and acceptance or acceptance of supplies is 
required upon arrival at destination, see Block 21B for instructions.

          Part 4--Distribution of DD Form 250 and DD Form 250c

F-401  Distribution.
    (a) The contractor is responsible for distributing the DD Form 250, 
including mailing and payment of postage.
    (b) Contractors shall distribute MIRRs using the instructions in 
Tables 1 and 2.
    (c) Contractors shall distribute MIRRs on non-DoD contracts using 
this appendix as amended by the contract.
    (d) Contractors shall make distribution promptly, but no later than 
the close of business of the work day following--
    (1) Signing of the DD Form 250 (Block 21A) by the authorized 
Government representative; or
    (2) Shipment when authorized under terms of alternative release, 
certificate of conformance, or fast pay procedures; or
    (3) Shipment when CQA and acceptance are to be performed at 
destination.
    (e) Do not send the consignee copies (via mail) on overseas 
shipments to port of embarkation (POE). Send them to consignee at APO/
FPO address.
    (f) Copies of the MIRR forwarded to a location for more than one 
recipient shall clearly identify each recipient.

                Material Inspection and Receiving Report

                     Table 1--Standard Distribution

With Shipment*.........................................................2
Consignee (via mail)...................................................1
    (For Navy procurement, include unit price)
    (For foreign military sales, consignee copies are not required)
Contract Administration Office.........................................1
    (Forward direct to address in Block 10 except when addressee is a 
DCMD, DCMAO, or a DPRO and a certificate of conformance or the alternate 
release procedures (see F-301, Block 21) is involved, and acceptance is 
at origin; then, forward through the authorized Government 
representative.)
Purchasing Office......................................................1
Payment Office**.......................................................2
(Forward direct to address in Block 12 except--
    (i) When address in Block 10 is a DCMD or DCMAO and payment office 
in Block 12 is the Defense Finance and Accounting Service, Columbus 
Center, do not make distribution to the Block 12 addressee;
    (ii) When address in Block 12 is the Defense Finance and Accounting 
Service, Columbus Center/Albuquerque Office (DFAS-CO/ALQ), Kirtland AFB, 
NM, attach only one copy to the required number of copies of the 
contractor's invoice;
    (iii) When acceptance is at destination and a Navy finance office 
will make payment, forward to destination; and
    (iv) When a certificate of conformance or the alternative release 
procedures (see F-301, Block 21) are involved and acceptance is at 
origin, forward the copies through the authorized Government 
representative.
ADP Point for CAO (applicable to Air Force only).......................1
    (When DFAS-CO/ALQ is the payment office in Block 12, send one copy 
to DFAS-CO/ALQ immediately after signature. If submission of delivery 
data is made electronically, distribution of this hard copy need not be 
made to DFAS-CO/ALQ.)
CAO of Contractor Receiving GFP........................................1
    (For items fabricated or acquired for the Government and shipped to 
a contractor as Government furnished property, send one copy directly to 
the CAO cognizant of the receiving contractor, ATTN: Property 
Administrator (see DoD 4105.59-H).)
    *Attached as follows:

------------------------------------------------------------------------
             Type of shipment                         Location          
------------------------------------------------------------------------
Carload or truckload......................  Affix to the shipment where 
                                             it will be readily visible 
                                             and available upon receipt.

[[Page 233]]

                                                                        
Less than carload or truckload............  Affix to container number   
                                             one or container bearing   
                                             lowest number.             
Mail, including parcel post...............  Attach to outside or include
                                             in the package. Include a  
                                             copy in each additional    
                                             package of multi-package   
                                             shipments.                 
Pipeline, tank car, or railroad cars for    Forward with consignee      
 coal movements.                             copies.                    
------------------------------------------------------------------------
** Payment by Defense Finance and Accounting Service, Columbus Center   
  will be based on the source acceptance copies of DD Forms 250         
  forwarded to the contract administration office.                      

                Material Inspection And Receiving Report

                                          Table 2--Special Distribution                                         
----------------------------------------------------------------------------------------------------------------
               As required                            Address                         Number of copies          
----------------------------------------------------------------------------------------------------------------
Each: Navy Status Control Activity,       Address specified in contract..  1 Each addressee.                    
 Army, Air Force, DLA Inventory Control                                                                         
 Manager.                                                                                                       
Quality Assurance Representative........  Address specified by the         1                                    
                                           assigned quality assurance                                           
                                           representative.                                                      
Transportation Office issuing GBL         CAO address unless otherwise     1                                    
 (attach to GBL memorandum copy).          specified in the contract.                                           
Purchasing Office other than office       Address specified in the         1                                    
 issuing contract.                         contract.                                                            
Foreign Military Sales Representative...  Address specified in the         8                                    
                                           contract.                                                            
Military Assistance Advisory Group        U.S. Military Advisory Group,    1                                    
 (Grant Aid shipments).                    Military Attache, Mission, or                                        
                                           other designated agency                                              
                                           address as specified in the                                          
                                           contract.                                                            
Army:                                                                                                           
    Foreign Military Sales..............  Commander, US Army, Security     .....................................
                                           Asst. Center, ATTN: AMSAC-OL-                                        
                                           LS-CS, 3rd Street and ``M''                                          
                                           Avenue, New Cumberland Army                                          
                                           Depot, New Cumberland, PA                                            
                                           17070-5096.                                                          
* Director, AMSAC-OE for these country    AG, AU, A2, AID, BC, BE, BY,                                          
 codes.                                    CD, CI, CM, CN, CV, CX, DA,                                          
                                           DE, DK, EG, EI, FI, FR, GA,                                          
                                           GB, GH, GR, GV, GY, IS, IT,                                          
                                           IV, KE, LI, LX, MI, MO, MR,                                          
                                           NE, NI, NK, NO, NATO, PT, PU,                                        
                                           RM, RW, SK, SL, SO, SP, SU,                                          
                                           SW, SZ, SECPO, TK, TO, TU, UG,                                       
                                           UK, UV.                                                              
* Director, AMSAC-OX for these country    AC, AR, AT, A1, BA, BB, BD, BF,                                       
 codes.                                    BG, BH, BL, BM, BR, BX, CB,                                          
                                           CE, CH, CO, CS, DO, DR, EC,                                          
                                           ES, FJ, GJ, GT, GU, HA, HO,                                          
                                           ID, IN, IR, JA, JM, JO, KS,                                          
                                           KU, LE, MF, MU, MX, NP, NU,                                          
                                           NS, NZ, PA, PE, PI, PK, PN,                                          
                                           PP, QA, SC, SI, SN, SR, ST,                                          
                                           TC, TD, TH, TW, UY, VC, VE, YE.                                      
Air Force:                                                                                                      
    On shipments of new production of     HQ Air Force Materiel Command    1                                    
     aircraft and missiles, class 1410     AFMC/LGM-AVDO, 4375 Chidlaw                                          
     missiles, 1510 aircraft (fixed        Road, Suite 6, Wright-                                               
     wing, all types), 1520 aircraft       Patterson AFB, OH 45433-5001.                                        
     (rotary wing), 1540 gliders, 1550                                                                          
     target drones.                                                                                             
Navy:                                                                                                           
    Navy Foreign Military Sales.........  U.S. Navy International          2                                    
                                           Logistics Control Office                                             
                                           (NAVILCO), 700 Robbins Avenue,                                       
                                           Philadelphia, PA 19111-5095.                                         
    When typed code (TC) 2T or 7T is      Aviation Supply Office (ASO),    2                                    
     shown in Block 16, or when shipment   (Code 0142) for aviation type                                        
     is consigned to another               material, 700 Robbins Avenue,                                        
     contractor's plant for a Government   Philadelphia, PA 19111-5098.    2                                    
     representative or when Block 16          and                                                               
     indicates shipment includes GFP.     Ships Parts Control Center                                            
                                           (SPCC) (Code 0143) for all                                           
                                           other material, 5450 Carlisle                                        
                                           Pike, PO Box 2020,                                                   
                                           Mechanicsburg, PA 17055-0788.                                        
Marine Corps:                                                                                                   
    All shipments consigned to a Marine   Commandant of the Marine Corps,  1                                    
     Corps Activity (excluding             Headquarters, USMC,                                                  
     aeronautical spares).                 Washington, DC 20380-0001.                                           
                                          Commanding General, Marine       3                                    
                                           Corps Logistics Base, Albany,                                        
                                           GA 31704-5000.                                                       

[[Page 234]]

                                                                                                                
    Bulk Petroleum Shipments............  Cognizant Defense Fuel Region    1                                    
                                           (see Table 4).                                                       
----------------------------------------------------------------------------------------------------------------

        Part 5--Preparation of the DD Form 250-1 (Loading Report)

F-501   Instructions.
    Prepare the DD Form 250-1 using the following instructions when 
applied to a tanker or barge cargo lifting. If space is limited, use 
abbreviations. The block numbers correspond to those on the form.
    (a) Block 1--Tanker/Barge. Line out ``TANKER'' or ``BARGE'' as 
appropriate and place an ``X'' to indicate loading report.
    (b) Block 2--Inspection Office. Enter the name and location of the 
Government office conducting the inspection.
    (c) Block 3--Report No. Number each form consecutively, starting 
with number 1, to correspond to the number of shipments made against the 
contract. If shipment is made from more than one location against the 
same contract, use this numbering system at each location.
    (d) Block 4--Agency Placing Order on shipper, city, State and/or 
local address (loading). Enter the applicable Government activity.
    (e) Block 5--Department. Enter military department owning product 
being shipped.
    (f) Block 6--Prime contract or P.O. No. Enter the contract or 
purchase order number.
    (g) Block 7--Name of prime contractor, city, State and/or local 
address (loading). Enter the name and address of the contractor as shown 
in the contract.
    (h) Block 8--Storage contract. Enter storage contract number if 
applicable.
    (i) Block 9--Terminal or refinery shipped from, city, State and/or 
local address. Enter the name and location of the contractor facility 
from which shipment is made. Also enter delivery point in this space as 
either ``FOB Origin'' or ``FOB Destination.''
    (j) Block 10--Order No. on supplier. Enter number of the delivery 
order, purchase order, subcontract or suborder placed on the supplier.
    (k) Block 11--Shipped to: (receiving activity, city, State and/or 
local address. Enter the name and geographical address of the consignee 
as shown on the shipping order.
    (l) Block 12--B/L Number. If applicable, enter the initials and 
number of the bill of lading. If a commercial bill of lading is later 
authorized to be converted to a Government bill of lading, show ``Com. 
B/L to GB/L.''
    (m) Block 13--Reqn. or request No. Enter number and date from the 
shipping instructions.
    (n) Block 14--Cargo No. Enter the cargo number furnished by the 
ordering office.
    (o) Block 15--Vessel. Enter the name of tanker or barge.
    (p) Block 16--Draft arrival. Enter the vessel's draft on arrival.
    (q) Block 17--Draft sailing. Enter the vessel's draft on completion 
of loading.
    (r) Block 18--Previous two cargoes. Enter the type of product 
constituting previous two cargoes.
    (s) Block 19--Prior inspection. Leave blank.
    (t) Block 20--Condition of shore pipeline. Enter condition of line 
(full or empty) before and after loading.
    (u) Block 21--Appropriation (loading). Enter the appropriation 
number shown on the contract, purchase order or distribution plan. If 
the shipment is made from departmentally owned stock, show ``Army, Navy, 
or Air Force (as appropriate) owned stock.''
    (v) Block 22--Contract item No. Enter the contract item number 
applicable to the shipment.
    (w) Block 23--Product. Enter the product nomenclature and grade as 
shown in the contract or specification, the stock or class number, and 
the NATO symbol.
    (x) Block 24--Specifications. Enter the specification and amendment 
number shown in the contract.
    (y) Block 25--Statement of quantity. Enter in the ``LOADED'' column, 
the net barrels, net gallons, and long tons for the cargo loaded. NOTE: 
If more than \1/2\ of 1 percent difference exists between the ship and 
shore quantity figures, the contractor shall immediately investigate to 
determine the cause of the difference. If necessary, prepare corrected 
documents; otherwise, put a statement in Block 28 as to the probable or 
actual cause of the difference.
    (z) Block 26--Statement of quality. (1) Under the heading ``TESTS'' 
list all inspection acceptance tests of the specification and any other 
quality requirements of the contract.
    (2) Under the heading ``SPECIFICATION LIMITS'' list the limits or 
requirements as stated in the specification or contract directly 
opposite each entry in the ``TESTS'' column. List waivers to technical 
requirements.
    (3) Under the heading ``TEST RESULTS'' list the test results 
applicable to the storage tank or tanks from which the cargo was lifted. 
If more than one storage tank is involved, list the tests applicable to 
each tank in separate columns headed by the tank

[[Page 235]]

number, the date the product in the tank was approved, and the quantity 
loaded from the tank. Each column shall also list such product 
characteristics as amount and type of corrosion inhibitor, etc.
    (aa) Block 27--Time statement. Line out ``DISCHARGE'' and 
``DISCHARGING.'' Complete all applicable entries of the time statement 
using local time. Take these dates and times from either the vessel or 
shore facility log. The Government representative shall ensure that the 
logs are in agreement on those entries used. If the vessel and shore 
facility logs are not in agreement, the Government representative will 
explain the reasons in Block 28--REMARKS. Do not enter the date and time 
the vessel left berth on documents placed aboard the vessel. The date 
and time shall appear on all other copies. Express all dates in sequence 
of day, month, and year with the month spelled out or abbreviated (e.g., 
10 Sept. 67). The term FINISHED BALLAST DISCHARGE is meant to include 
all times needed to complete deballasting and mopping/drying of ship's 
tanks. The inspection of ship's tanks for loading is normally performed 
immediately upon completion of drying tanks.
    (bb) Block 28--Remarks. Use this space for reporting--(1) All 
delays, their cause and responsible party (vessel, shore facility, 
Government representative, or other).
    (2) Details of loading abnormalities such as product losses due to 
overflow, leaks, delivery of product from low level in shore tanks, etc.
    (3) In the case of multiple consignees, enter each consignee, the 
amount consigned to each, and if applicable, the storage contract 
numbers appearing on the delivery order.
    (4) When product title is vested in the U.S. Government, insert in 
capital letters ``U.S. GOVERNMENT OWNED CARGO.'' If title to the product 
remains with the contractor and inspection is performed at source with 
acceptance at destination, insert in capital letters ``CONTRACTOR OWNED 
CARGO.''
    (5) Seal numbers and location of seals. If space is not adequate, 
place this information on the ullage report or an attached supplemental 
sheet.
    (cc) Block 29--Company or receiving terminal. Line out ``OR 
RECEIVING TERMINAL'' and get the signature of the supplier's 
representative.
    (dd) Block 30--Certification by government representative. Line out 
``DISCHARGED.'' The Government representative shall date and sign the 
form to certify inspection and acceptance, as applicable, by the 
Government. The name of the individual signing this certification, as 
well as the names applied in Blocks 29 and 31, shall be typed or hand 
lettered. The signature in Block 30 must agree with the typed or 
lettered name to be acceptable to the paying office.
    (ee) Block 31--Certification by master or agent. Obtain the 
signature of the master of the vessel or its agent.

       Part 6--Preparation of the DD form 250-1 (Discharge Report)

F-601   Instructions.
    Prepare the DD Form 250-1 using the following instructions when 
applied to a tanker or barge discharge. If space is limited, use 
abbreviations. The block numbers correspond to those on the form.
    (a) Block 1--Tanker/barge. Line out ``TANKER'' or ``BARGE'' as 
applicable and place an ``X'' to enter discharge report.
    (b) Block 2--Inspection office. Enter Government activity performing 
inspection on the cargo received.
    (c) Block 3--Report No. Leave blank.
    (d) Block 4--Agency placing order on shipper, city, state and/or 
local address (loading). Enter Government agency shown on loading 
report.
    (e) Block 5--Department. Enter Department owning product being 
received.
    (f) Block 6--Prime contract or P.O. No. Enter the contract or 
purchase order number shown on the loading report.
    (g) Block 7--Name of prime contractor, city, state and/or local 
address (loading). Enter the name and location of contractor who loaded 
the cargo.
    (h) Block 8--Storage contract. Enter the number of the contract 
under which material is placed in commercial storage where applicable.
    (i) Block 9--Terminal or refinery shipped from, city, state and/or 
local address. Enter source of cargo.
    (j) Block 10--Order no. on supplier. Make same entry appearing on 
loading report.
    (k) Block 11--Shipped to: (receiving activity, city, state and/or 
local address). Enter receiving activity's name and location.
    (l) Block 12--B/L Number. Enter as appears on loading report.
    (m) Block 13--Reqn. or Request No. Leave blank.
    (n) Block 14--Cargo No. Enter cargo number shown on loading report.
    (o) Block 15--Vessel. Enter name of tanker or barge discharging 
cargo.
    (p) Block 16--Draft arrival. Enter draft of vessel upon arrival at 
dock.
    (q) Block 17--Draft sailing. Enter draft of vessel after 
discharging.
    (r) Block 18--Previous two cargoes. Leave blank.
    (s) Block 19--Prior inspection. Enter the name and location of the 
Government office which inspected the cargo loading.
    (t) Block 20--Condition of shore pipeline. Enter condition of line 
(full or empty) before and after discharging.
    (u) Block 21--Appropriation (loading). Leave blank.

[[Page 236]]

    (v) Block 22--Contract item no. Enter the item number shown on the 
loading report.
    (w) Block 23--Product. Enter information appearing in Block 23 of 
the loading report.
    (x) Block 24--Specifications. Enter information appearing in Block 
24 of the loading report.
    (y) Block 25--Statement of quantity. Enter applicable data in proper 
columns.
    (1) Take ``LOADED'' figures from the loading report.
    (2) Determine quantities discharged from shore tank gauges at 
destination.
    (3) If a grade of product is discharged at more than one point, 
calculate the loss or gain for that product by the final discharge 
point. Report amounts previously discharged on discharge reports 
prepared by the previous discharge points. Transmit volume figures by 
routine message to the final discharge point in advance of mailed 
documents to expedite the loss or gain calculation and provide proration 
data when more than one department is involved.
    (4) The loss or gain percentage shall be entered in the ``PERCENT'' 
column followed by ``LOSS'' or ``GAIN,'' as applicable.
    (5) On destination acceptance shipments, accomplish the 
``DISCHARGED'' column only, unless instructed to the contrary.
    (z) Block 26--Statement of quality. (1) Under the heading ``TESTS'' 
enter the verification tests performed on the cargo preparatory to 
discharge.
    (2) Under ``SPECIFICATION LIMITS'' enter the limits, including 
authorized departures (if any) appearing on the loading report, for the 
tests performed.
    (3) Enter the results of tests performed under the heading ``TEST 
RESULTS.''
    (aa) Block 27--Time statement. Line out ``LOAD'' and ``LOADING.'' 
Complete all applicable entries of the time statement using local time. 
Take the dates and times from either the vessel or shore facility log. 
The Government representative shall ensure that these logs are in 
agreement with entries used. If the vessel and shore facility logs are 
not in agreement, the Government representative will explain the 
reason(s) in Block 28--REMARKS. Do not enter the date and time the 
vessel left berth on documents placed aboard the vessel. The date and 
time shall appear on all other copies. Express all dates in sequence of 
day, month, and year with the month spelled out or abbreviated (e.g., 10 
Sept. 67).
    (bb) Block 28--Remarks. Use this space for reporting important facts 
such as--
    (1) Delays, their cause, and responsible party (vessel, shore 
facility, Government representative, or others).
    (2) Abnormal individual losses contributing to the total loss. Enter 
the cause of such losses as well as actual or estimated volumes 
involved. Such losses shall include, but not be restricted to, product 
remaining aboard (enter tanks in which contained), spillages, line 
breaks, etc. Note where gravity group change of receiving tank contents 
results in a fictitious loss or gain. Note irregularities observed on 
comparing vessel ullages obtained at loading point with those at the 
discharge point if they indicate an abnormal transportation loss or 
contamination.
    (cc) Block 29--Company or receiving terminal. Line out ``COMPANY 
OR.'' Secure the signature of a representative of the receiving 
terminal.
    (dd) Block 30--Certification by government representative. Line out 
``LOADED.'' The Government representative shall date and sign the form 
to certify inspection and acceptance, as applicable, by the Government. 
The name of the individual signing the certification as well as the 
names applied in Blocks 29 and 31, shall be typed or hand lettered on 
the master or all copies of the form. The signature in Block 30 must 
agree with the typed or lettered name to be acceptable to the paying 
office.
    (ee) Block 31--Certification by master or agent. Obtain the 
signature of the master of the vessel or the vessel's agent.

                Part 7--Distribution of the DD Form 250-1

F-701   Distribution.
    (a) The Government representative shall distribute the completed DD 
Form 250-1 using Table 3 of this appendix as amended by the provisions 
of the contract or shipping order.
    (b) The contractor shall furnish the Government representative 
sufficient copies of the completed form to permit the required 
distribution.
    (c) Distribution of the form shall be made as soon as possible, but 
not later than 24 hours following completion of the form. (See Table 3 
on following pages)
F-702   Corrected DD Form 250-1.
    When errors are made in entries on the form which would affect 
payment or accountability, make corrected copies. Circle the corrected 
entries on all copies and mark the form ``CORRECTED COPY.'' Enter the 
statement, ``Corrections Have Been Verified,'' in Block 26 with the 
authorized Government representative's dated signature directly below. 
Make distribution of the certified corrected copy to all recipients of 
the original distribution.

[[Page 237]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                     No. of copies                                      
                                                             -------------------------------------------------------------------------------------------
                                   Recipient of DD form 250-   Loading (prepared by shipper or government    Discharge (prepared by receiving activity) 
         Type of Shipment                      1                             representative)               ---------------------------------------------
                                                             ----------------------------------------------                                             
                                                                      Tanker                 Barge                  Tanker                 Barge        
--------------------------------------------------------------------------------------------------------------------------------------------------------
All..............................  Each Consignee (By mail    2....................  1....................  As Required..........  As Required          
                                    CONUS only).                                                                                                        
(On all overseas shipments         With Shipment............  1....................  1....................  As Required..........  As Required          
 provide for a minimum of 4        Master of Vessel.........  1....................  1....................  1....................  1                    
 consignees. Place 1 copy,         Tanker or Barge Agent....  2....................  2....................  2....................  2                    
 attached to ullage report, in     Contractor...............  As Required..........  As Required..........  As Required..........  As Required          
 each of 4 envelopes. Mark the     Cognizant Inspection       1....................  1....................  1....................  1                    
 envelopes, ``Consignee--First      Office.                   1....................  1....................  1....................  1                    
 Destination,'' Consignee--Second  Government Representative                                                                                            
 Destination,'' etc. Deliver via    responsible for quality   1....................  1....................  *1...................  *1                   
 the vessel.)                       at each destination.                                                                                                
                                   Government Representative                                                                                            
                                    at Cargo Loading Point.                                                                                             
On all USNS tankers and all MSC    Military Sealift Command,  2....................  2....................  2....................  2                    
 chartered tankers and MSC          Code N322, Washington,                                                                                              
 chartered barges.                  DC 20398-5100.                                                                                                      
See the contract or shipping       Payment Office: if this    2....................  2....................  2....................  2                    
 order for finance documentation    is DASC-F send copies                                                                                               
 and any supplemental               to: Defense Fuels Supply                                                                                            
 requirements for Government-       Center, ATTN: DFSC-RDX,                                                                                             
 owned product shipments and        Cameron Station, Bldg.                                                                                              
 receipts.                          5, Alexandria, Va 22304-                                                                                            
                                    6160 (do not send copies                                                                                            
                                    to DASC-F).                                                                                                         
For shipments and receipts of      Defense Fuels Supply       1....................  1....................  1....................  1                    
 DFSC financed cargos for which     Center, Attn: DFSC-RF,                                                                                              
 DASC-F is not the paying office.   Cameron Station,                                                                                                    
                                    Alexandria, VA 22304-                                                                                               
                                    6160.                                                                                                               
For shipments on all USNS          Defense Fuels Supply       1....................  1....................  **1..................  1                    
 tankers, MSC chartered tankers     Center, ATTN: DFSC-01,                                                                                              
 and barges, and FOB destination    Cameron Station,                                                                                                    
 tankers with copy of ullage        Alexandria, VA 22304-                                                                                               
 report.                            6160.                                                                                                               
On Army ILP shipments............  U.S. Army International    2....................  2....................  2....................  2                    
                                    Logistics Center, New                                                                                               
                                    Cumberland Army Depot,                                                                                              
                                    New Cumberland, PA 17070-                                                                                           
                                    5001.                                                                                                               
Navy--On all shipments to Navy     Navy Fuels Petroleum       2....................  1....................  2....................  1                    
 Operated Terminals.                Office, Cameron Station,                                                                                            
                                    Alexandria, Va 22304-                                                                                               
                                    6180.                                                                                                               
On all shipments to AF Bases.....  Directorate of Energy      1....................  1....................  1....................  1                    
                                    management, SA ALC(SFT),                                                                                            
                                    Kelly AFB, TX 78241-5000.                                                                                           
On all Conus loadings............  DFSC Fuels Region(s)       1....................  1....................  1....................  1                    
                                    cognizant of shiping                                                                                                
                                    point.                                                                                                              
On all shipments to CONUS          DFSC Fuel Region(s)        1....................  1....................  0....................  0                    
 Destinations.                      cognizant of shipping                                                                                               
                                    and receiving point****.                                                                                            
For all discharges of cargos       Defense Fuels Supply       .....................  .....................  ***1.................  ***1                 
 originating at DFSPs and           Center, ATTN: DFSC-RF,                                                                                              
 discharging at activities not a    Cameron Station,                                                                                                    
 Defense Fuel Support Point.        Alexandria, VA 22304-                                                                                               
                                    6160.                                                                                                               
--------------------------------------------------------------------------------------------------------------------------------------------------------
*With copy of ullage report.                                                                                                                            
**Dry tank certificate to accompany DD Form 250-1 and ullage report.                                                                                    
***Copies of the DD Form 250-1, forwarded by bases, will include the following in block 11: Shipped to: Supplementary Address, if applicable; Signal    
  Code; and Fund Code.                                                                                                                                  
****See Table 4.                                                                                                                                        


[[Page 238]]


       Table 4--Fuel Region Locations and Areas of Responsibility       
                                                                        
                                                                        
                                                                        
a. DFR Northeast.............  Defense Fuel Region Northeast, Building  
                                2404, McGuire AFB, NJ 08641-5000.       
    Area of Responsibility...  Connecticut, Delaware, District of       
                                Columbia, Maine, Maryland,              
                                Massachusetts, New Hampshire, New       
                                Jersey, New York, Pennsylvania, Rhode   
                                Island, Vermont, Virginia, West         
                                Virginia.                               
b. DFR Central...............  Defense Fuel Region Central, 8900 S.     
                                Broadway, Building 2, St. Louis, MO     
                                63125-1513.                             
    Area of Responsibility...  Colorado, Illinois, Indiana, Iowa,       
                                Kansas, Kentucky, Michigan, Minnesota,  
                                Missouri, Nebraska, North Dakota, Ohio, 
                                South Dakota, Wisconsin, and Wyoming.   
c. DFR South.................  Defense Fuel Region South, Federal Office
                                Building, 2320 La Branch, Room 1213,    
                                Houston, TX 77004-1091.                 
    Area of Responsibility...  Alabama, Arizona, Arkansas, Caribbean    
                                Area, Florida, Georgia, Louisiana,      
                                Mexico, Mississippi, New Mexico, North  
                                Carolina, Oklahoma, Puerto Rico, South  
                                Carolina, Tennessee, Texas, West Indies,
                                Central America, and South America.     
d. DFR West..................  Defense Fuel Region West, 3171 N. Gaffney
                                Street, San Pedro, CA 90731-1099.       
    Area of Responsibility...  California, Idaho, Montana, Nevada,      
                                Oregon, Utah, and Washington.           
e. DFR Alaska................  Defense Fuel Region Alaska, Elmendorf    
                                AFB, Alaska 99506-5000.                 
    Area of Responsibility...  Alaska and Aleutians.                    
f. DFR Europe................  Defense Fuel Region Europe, Building     
                                2304, APO New York 09128-4105.          
    Area of Responsibility...  Continental Europe, United Kingdom,      
                                Mediterranean Area, Turkey, and Africa  
                                (less Djibouti, Egypt, Ethiopia, Kenya, 
                                Somalia).                               
g. DFR Mideast...............  Defense Fuels Region, Middle East, P.O.  
                                Box 386, Awali, Bahrain, APO New York   
                                09526-2830.                             
    Area of Responsibility...  Afghanistan, Bahrain, Djibouti, Egypt,   
                                Ethiopia, Iran, Iraq, Jordan, Kenya,    
                                Kuwait, Oman, Pakistan, Qatar, Saudi    
                                Arabia, Somalia, Sudan, United Arab     
                                Emirates, and Yemen.                    
h. DFR Pacific...............  Defense Fuel Region, Pacific, Camp H. M. 
                                Smith, Honolulu, HI 96861-5000.         
    Area of Responsibility...  Australia, Burma, East Indies, Hawaii,   
                                Indian Ocean, Japan, Korea, Malaya,     
                                Marianas, New Zealand, Philippines,     
                                Ryukyu Islands, South Pacific Islands,  
                                Sri Lanka, Taiwan, and Thailand.        
                                                                        


[56 FR 36610, July 31, 1991, as amended at 57 FR 53602, Nov. 12, 1992; 
58 FR 37868, July 14, 1993; 59 FR 27678, May 27, 1994; 60 FR 61615, Nov. 
30, 1995]

           Appendix G to Chapter II--Activity Address Numbers

                            Table of Contents

    Part 1--General.
    G-100  Scope
    G-101  Assignment and use of a number
    G-102  Activity address number data base maintenance
Part 2--Army Activity Address Numbers.
Part 3--Navy Activity Address Numbers.
Part 4--Marine Corps Activity Address Numbers.
Part 5--Air Force Activity Address Numbers.
Part 6--Defense Logistics Agency Activity Address Numbers.
Part 7--Defense Information Systems Agency Activity Address Numbers.
Part 8--Defense Mapping Agency Activity Address Numbers.
Part 9--Defense Special Weapons Agency Activity Address Numbers.
Part 10--Miscellaneous Defense Activities Activity Address Numbers.
Part 11--On-Site Inspection Agency Activity Address Numbers.
Part 12--Ballistic Missile Defense Organization Activity Address 
          Numbers.
Part 13--Defense Commissary Agency Activity Address Numbers.
Part 14--United States Special Operations Command Activities Address 
          Numbers.

    Authority; 41 U.S.C. 421 and 48 CFR chapter 1.



PART 1--GENERAL--Table of Contents




G-100  Scope.
    This appendix identifies the activity address numbers to be used 
with the uniform procurement instrument identification numbering system 
prescribed in DFARS subpart 204.70.
G-101  Assignment and use of a number.
    (a) Activities coding solicitations, contracts and related 
instruments shall use only those codes assigned by their respective 
department/agency activity address monitor(s).
    (b) The six-character code is used in the first six positions of the 
procurement instrument identification number (PIIN). When required, 
activities also will be assigned a two position code. The two position 
code is used in the first two positions of the call/order serial number.
    (c) Activity address monitors are--

Army
    U.S. Army Contracting Support Agency, Attn: Contract Support Office 
(SFRD-KS), 5109 Leesburg Pike, Suite 916, Falls Church, VA 22041-3201
Navy
    * Navy Accounting and Finance Center (NAFC-5511), Washington, DC 
20376-5001
Air Force

[[Page 239]]

    SAF/AQCO, 1060 Air Force Pentagon, Washington, DC 20330-1060
Defense Logistics Agency
    Defense Logistics Agency, Contracting Systems Support Office (DLA-
PS), Cameron Station, Alexandria, VA 22304-6100
Marine Corps
    * Headquarters, U.S. Marine Corps, (Code LBP), Washington, DC 20380-
0001
** Defense Mapping Agency
    Director of Acquisition, Defense Mapping Agency, Washington, DC 
20305-3000
** Defense Special Weapons Agency
    Director, Acquisition Management Directorate, Defense Special 
Weapons Agency, 6801 Telegraph Road, Alexandria, VA 22310-3398
** Defense Information Systems Agency
    Chief, Logistics Management Office, Code 202, Defense Information 
Systems Agency, Washington, DC 20305-2000

    * The Navy and Marine Corps Activity Address Monitor for assignment 
of two-character call/order serial number is: Office of the Assistant 
Secretary of the Navy (RD&A), Room 536, Crystal Plaza 5, Washington, DC 
20350-1000
    ** Agency activity address monitors forward requests for Appendix G 
maintenance to the U.S. Army Contracting Support Agency (SFRD-KS).
G-102  Activity address number data base maintenance.
    (a) The Defense Logistics Agency, DLA-PS, Cameron Station, 
Alexandria, VA 22304-6100 is the executive agent for maintenance of six 
and two character code assignments. The executive agency distributes 
blocks of two character codes to department/agency activity address 
monitors for further assignment.
    (b) Contracting activities submit requests for assignment of or 
changes in either the six character or two character codes to their 
activity address monitor in accordance with department/agency 
procedures. Activity address monitors--
    (1) Approve request for additions, deletions, or changes;
    (2) Notify the executive editor, Defense Acquisition Regulations 
System, OUSD(A&T)DP(DAR), Washington, DC 20301-3000; and
    (3) Provide a copy of the notification to the executive agent.
    (c) A copy of the appendix G data base is available on tape or MS-
DOS compatible floppy diskettes from the executive agent.



PART 2--ARMY ACTIVITY ADDRESS NUMBERS--Table of Contents




DAAA03
B1
    Pine Bluff Arsenal, ATTN: SMCPB-PO, 10020 Kabrich Circle, Pine 
Bluff, AR 71602-9500
DAAA08
B7
    Rock Island Arsenal, ATTN: SMCRI-CT, Rock Island, IL 61299-5000
DAAA09
BA
    U.S. Army Armament, Munitions, and Chemical Command, ATTN: AMSMC-
PAM, Rock Island, IL 61299-6000
DAAA22
BV
    Watervliet Arsenal, ATTN: SMCWV-PPA, Watervliet, NY 12189-4050
DAAA31
GJ
    McAlester Army Ammunition Plant, ATTN: SMCMC-PC, McAlester, OK 
74501-5000
DAAA32
0P
    Crane Army Ammunition Activity, ATTN: SMCCN-CT, 300 Highway 361, 
Crane, IN 47522-5099
DAAB07
BG
    USA Communications--Electronics Command, C3I Acquisition Center, 
ATTN: AMSEL-ACSP-BM, Fort Monmouth, NJ 07703-5008
DAAB08
2V
    USA Communications--Electronics Command, C3I Acquisition Center, 
ATTN: AMSEL-ACSB-C, (Facility ADP Branch), Fort Monmouth, NJ 07703-5008
DAAB10
ZP
    USA CECOM C31 Acquisition Center, Vint Hill Farms Station, ATTN: 
AMSEL-ACVF-A-AA (Stop 42), Building 160, Warrenton, VA 22186-5172
DAAB11
D0
    USA CECOM C31 Acquisition Center, Vint Hill Farms Station, ATTN: 
AMSEL-AC-VHA-HB Base OPS (Stop 42), Warrenton, VA 22186-5172
DAAB12
E1
    USA Communications--Electronics Command, C4IEW-AC, VECMPS Branch, 
ATTN: AMSEL-ACVH-D, 10109 Gridley Road, Suite 200, Fort Belvoir, VA 
22060-5845
DAAC01
BH
    Anniston Army Depot, ATTN: SDSAN-DOC, Anniston, AL 36201-5003
DAAC02
ZT
    Blue Grass Army Depot, Procurement Office, ATTN: SDS-BG-BM-P, 
Lexington, KY 40511-5001

[[Page 240]]

DAAC07
ZM
    Sierra Army Depot, ATTN: SDSSI-CONT, Herlong, CA 96113-5009
DAAC67
ZN
    Letterkenny Army Depot, ATTN: SDSLE-P, Chambersburg, PA 17201-4152
DAAC71
ZS
    Tobyhanna Army Depot, ATTN: SDSTO-K, Tobyhanna, PA 18446-5100
DAAC79
D7
    Red River Army Depot, ATTN: SDSRR-P, Texarkana, TX 75507-5000
DAAC83
BJ
    Corpus Christi Army Depot, ATTN: SDSCC-C, Corpus Christi, TX 78419-
6170
DAAC89
BK
    Tooele Army Depot, ATTN: SDSTE-DCBO, Tooele, UT 84074-0839
DAAD01
B5
    USA Yuma Proving Ground, Directorate of Contracting, ATTN: ATEYP-CR, 
Yuma, AZ 85365-9106
DAAD03
B6
    USA Jefferson Proving Ground, ATTN: STEJP-EH-C, Madison, IN 47250-
5100
DAAD05
BM
    USA Aberdeen Proving Ground Support Activity, ATTN: STEAP-PR/M, Ryan 
Building, Aberdeen Proving Ground, MD 21005-5001
DAAD07
BN
    USA White Sands Missile Range, Directorate of Contracting, ATTN: 
STEWS-PR, White Sands, NM 88002-5201
DAAD09
BP
    USA Dugway Proving Ground, Directorate of Contracting, ATTN: STEDP-
DOC, Dugway, UT 84022-0538
DAAE07
BR
    USA Tank--Automotive Command, ATTN: AMSTRA-IDAS, Warren, MI 48397-
5000
DAAE20
    Armament and Chemical Acquisition and Logistics Activity (ACALA), 
ATTN: Acquisition Center, Rock Island, IL 61299-6000
DAAE30
    U.S. Army Armament RD&E Center (ARDEC), ATTN: SMCAR-PCM-O, Building 
9, Picatinny Arsenal, NJ07806-5000
DAAG60
G8
    USA Military Academy, Purchasing & Contracting Division, ATTN: MAPC, 
Building 667A, West Point, NY 10996-1594
DAAG99
ZY
    USA Program Manager-SANG, ATTN: AMCPM-NGA, Unit 61304, APO AE 09803-
1304
DAAH01
CC
    USA Missile Command, ATTN: AMSMI-AC, Redstone Arsenal, AL 35898-5280
DAAH03
D8
    USA Missile Command, ATTN: AMSMI-AC, Redstone Arsenal, AL 35898-5280
DAAH04
YU
    U.S. Army Research Office, ATTN: AMXRO-PR, P.O. Box 12211, Research 
Triangle Park, NC 27709-2211
DAAJ02
D9
    Aviation Applied Technology Directorate, U.S. Army Aviation and 
Troop Command, ATTN: AMSAT-R-TC, Building 401, Fort Eustis, VA 23604-
5577
DAAJ04
0V
    USA Charles Melvin Price Support Center, ATTN: SATAS-P, Granite 
City, IL 62040-1801
DAAJ05
ZF
    USA Aviation and Troop Command, ATTN: IAS21WG, Building 404, Fort 
Eustis, VA 23604-5577
DAAJ09
BS
    USA Aviation and Troop Command, ATTN: AMSAT-A-AD, 4300 Goodfellow 
Boulevard, St. Louis, MO 63120-1798
DAAK01
BB
    USA Aviation and Troop Command, ATTN: AMSAT-A-AD, 4300 Goodfellow 
Boulevard, St. Louis, MO 63120-1798
DAAK60
C5
    Soldier Systems Command Acquisition Center, ATTN: SATNC-PP 
(Procurement Support Division), Natick, MA 01760-5011
DAAL01
1Y
    U.S. Army Research Laboratory, ATTN: AMSLC-PR, 2800 Powder Mill 
Road, Adelphi, MD 20783-1145
DAAM01
ZU
    U.S. Army Chemical and Biological Defense Command, ATTN: AMSCB-PC, 
Building E4455, Aberdeen Proving Ground, MD 21010-5423
DAAM02
B2
    Program Manager, Rocky Mountain Arsenal, ATTN: AMXRM-PM, Building 
111, Commerce City, CO 80022-1748
DABT01
F6

[[Page 241]]

    U.S. Army Aviation Center, Contracting Office, ATTN: ATZQ-C, 
Building T-00116, Fort Rucker, AL 36362-5000
DABT02
2A
    U.S. Army Chemical and Military Police Centers and Fort McClellan, 
ATTN: ATZN-DOC, Building 241-C, Transportation Road, Fort McClellan, AL 
36205-5000
DABT10
2B
    U.S. Army Infantry Center and Fort Benning, ATTN: ATZB-KT, Building 
6, P.O. Box 5-5179, Fort Benning, GA 31905-5179
DABT11
2C
    U.S. Army Signal Center and Fort Gordon, ATTN: ATZI-CT, Building 
2050B, Fort Gordon, GA 30905-5110
DABT15
F9
    U.S. Army Soldier Support Center and Fort Benjamin Harrison, ATTN: 
ATZI-CT, Fort Benjamin Harrison, IN 46216-5230
DABT19
2D
    U.S. Army Combined Arms Center and Fort Leavenworth, ATTN: ATZL-GCC, 
Pope & Thomas Avenues, Fort Leavenworth, KS 66027-5031
DABT23
2E
    U.S. Army Armor Center and Fort Knox, ATTN: ATZK-DC, Building 4022, 
Fort Knox, KY 40121-5000
DABT31
2F
    U.S. Army Engineer Center and Fort Leonard Wood, ATTN: ATZT-DOC, 
Fort Leonard Wood, MO 65473-5000
DABT39
2H
    U.S. Army Field Artillery Center and Fort Sill, ATTN: ATZR-Q, 
Building 1803, P.O. Box 3501, Fort Sill, OK 73503-0501
DABT43
2J
    Carisle Barracks, ATTN: ATZE-DOC-C, Building 46, Carlisle Barracks, 
PA 17013-5002
DABT47
2K
    U.S. Army Training Center and Fort Jackson, ATTN: ATZJ-DOC, Building 
4340, Magruder Street, Fort Jackson, SC 29207-5420
DABT51
2L
    U.S. Army Air Defense Artillery Center & Fort Bliss, ATTN: ATZC-DOC, 
Building 2021, P.O. Box 6078, Fort Bliss, TX 79916-0058
DABT57
2N
    Directorate of Peninsula Contracting, ATTN: ATZF-DPC, Building 2746, 
Harrison Loop, Fort Eustis, VA 23604-5293
DABT58
2P
    Fort Monroe, ATTN: ATZG-C #62, Building T-195, Fort Monroe, VA 
23651-6000
DABT59
2Q
    U.S. Army Combined Arms Support Command and Fort Lee, ATTN: ATZM-
DOC, Building T-7124, 19th & Quartermaster Road, Fort Lee, VA 23801-5172
DABT60
1L
    TRADOC Contracting Agency, ATTN: ATCA, Building 1748, Fort Eustis, 
VA 23604-5538
DABT61
BF
    The Judge Advocate General's School, USA, University of Virginia, 
ATTN: JAGS-SSL-B, 600 Massie Road, Charlottesville, VA 22903-1781
DABT63
BL
    U.S. Army Intelligence Center, ATTN: ATZS-DKS, P.O. Box 748, Fort 
Huachuca, AZ 85613-0748
DABT65
B0
    Mission Contracting Activity at Fort Leavenworth, ATTN: ATOB-AL, 614 
Custer Road, Fort Leavenworth, KS 66027-7203
DABT67
0Q
    Directorate of Contracting, ATTN: AFZW-DOC, P.O. Box 27, Fort Ord, 
CA 93941-0027
DACA01
DACW01
CK
    USA Engineer District, Mobile, ATTN: CESAM-CT, P.O. Box 2288, 
Mobile, AL 36628-0001
DACA03
DACW03
CL
    USA Engineer District, Little Rock, ATTN: CESWL-CT, P.O. Box 867, 
Little Rock, AR 72203-0867
DACA05
DACW05
CM
    USA Engineer District, Sacramento, ATTN: CESPK-CT, 1325 J Street, 
Sacramento, CA 95814-2922
DACA07
DACW07
CP
    USA Engineer District, San Francisco, ATTN: CESPN-CT, 211 Main 
Street, San Francisco, CA 94105-1905
DACA09
DACW09
CQ

[[Page 242]]

    USA Engineer District, Los Angeles, ATTN: CESPL-CT, P.O. Box 2711, 
Los Angeles, CA 90053-2325
DACA17
DACW17
CS
    USA Engineer District, Jacksonville, ATTN: CESAJ-CT, P.O. Box 4970, 
Jacksonville, FL 32232-0019
DACA21
DACW21
CV
    USA Engineer District, Savannah, ATTN: CESAS-CT, P.O. Box 889, 
Savannah, GA 31402-0889
DACA23
DACW23
CX
    USA Engineer District, Chicago, ATTN: CENCR-CT, 111 North Canal 
Street, Chicago, IL 60606-7206
DACA25
DACW25
CD
    USA Engineer District, Rock Island Clock Tower Building, ATTN: 
CENCR-CT, P.O. Box 2004, Rock Island, IL 61202-2004
DACA27
DACW27
CY
    USA Engineer District, Louisville, ATTN: CEORL-CT, P.O. Box 59, 
Louisville, KY 40201-0059
DACA29
DACW29
CZ
    USA Engineer District, New Orleans, ATTN: CELMN-CT, P.O. Box 60267, 
New Orleans, LA 70160-0267
DACA31
DACW31
DA
    USA Engineer District, Baltimore Contracting Division, ATTN: CENAB-
CT, P.O. Box 1715, Baltimore, MD 21203-1715
DACA33
DACW33
DB
    USA Engineer District, New England, ATTN: CENED-CT, 424 Trapelo 
Road, Waltham, MA 02254-9149
DACA35
DACW35
DC
    USA Engineer District, Detroit, ATTN: CENCE-CT, P.O. Box 1027, 
Detroit, MI 48231-1027
DACA37
DACW37
DD
    USA Engineer District, St. Paul, ATTN: CENCS-CT, 190 Fifth Street 
East, St. Paul, MN 55101-1638
DACA38
DACW38
DE
    USA Engineer District, Vicksburg, ATTN: CELMK-CT, 3515 I-20 Frontage 
Road, Vicksburg, MS 39180-5191
DACA39
DACW39
DF
    USA Engineer, Waterways Experiment Station, ATTN: CEWES-CT-Z 
(Contracting Division), 3909 Halls Ferry Road, Vicksburg, MS 39180-6199
DACA41
DACW41
DH
    USA Engineer District, Kansas City, 700 Federal Building, ATTN: 
CEMRK-CT, 601 East 12th Street, Kansas City, MO 64106-2896
DACA43
DACW43
DJ
    USA Engineer District, St. Louis, ATTN: CELMS-CT, 1222 Spruce 
Street, St. Louis, MO 63101-2833
DACA45
DACW45
DK
    USA Engineer District, Omaha, ATTN: CEMRO-CT, 215 North 17th Street, 
Omaha, NE 68102-4978
DACA47
DACW47
DM
    USA Engineer District, Albuquerque, ATTN: CESWA-CT, P.O. Box 1580, 
Albuquerque, NM 87103-1580
DACA49
DACW49
DN
    USA Engineer District, Buffalo, ATTN: CENCB-CT (Contracting 
Division), 1776 Niagara Street, Buffalo, NY 14207-3199
DACA51
DACW51
CE
    USA Engineering District, New York, Contracting Division, ATTN: 
CENAN-CT, 26 Federal Plaza, New York, NY 10028-0090
DACA54
DACW54
DQ
    USA Engineer District, Wilmington, ATTN: CESAW-CT, P.O. Box 1890, 
Wilmington, NC 28402-1890
DACA56
DACW56
DS
    USA Engineer District, Tulsa, ATTN: CESWT-CT, P.O. Box 61, Tulsa, OK 
74121-0061
DACA57
DACW57
DT
    USA Engineer District, Portland, ATTN: CENPP-CT, P.O. Box 2946, 
Portland, OR 97208-2946
DACA59

[[Page 243]]

DACW59
DV
    USA Engineer District, Pittsburgh, ATTN: CEORP-CT-SADBUS, 1000 
Liberty Avenue, Pittsburgh, PA 15222-4186
DACA60
DACW60
DW
    USA Engineer District, Charleston, ATTN: CESAC-CT, P.O. Box 919, 
Charleston, SC 29402-0919
DACA61
DACW61
CF
    USA Engineer District, Philadelphia, ATTN: CENAP-CT, Contracting 
Division, 110 Penn Square East, Wanamaker Building, Philadelphia, PA 
19107-3390
DACA62
DACW62
DX
    USA Engineer District, Nashville, ATTN: CEORN-CT, P.O. Box 1070, 
Nashville, TN 37202-1070
DACA63
DACW63
DY
    USA Engineer District, Fort Worth, ATTN: CESWF-CT, P.O. Box 17300, 
Fort Worth, TX 76102-0300
DACA64
DACW64
DZ
    USA Engineer District, Galveston, ATTN: CESWG-CT, P.O. Box 1229, 
Galveston, TX 77553
DACA65
DACW65
EA
    USA Engineer District, Norfolk, Contracting Division, ATTN: CENAO-
CT, 803 Front Street, Norfolk, VA 23510-1096
DACA66
DACW66
EB
    USA Engineer District, Memphis, ATTN: CEIMM-CT, B-202 Clifford Davis 
Federal Building, Memphis, TN 38103-1894
DACA67
DACW67
EC
    USA Engineer District, Seattle, ATTN: CENPS-CT, P.O. Box C-3755, 
Seattle, WA 98124-2255
DACA68
DACW68
YW
    USA Engineer District, Walla Walla, ATTN: CENPW-CT, Building 602, 
City-County Airport, Walla Walla, WA 99362-9265
DACA69
DACW69
CG
    USA Engineer District, Huntington, ATTN: CEORH-CT, 502 8th Street, 
Huntington, WV 25701-2070
DACA72
DACW72
ZA
    USA Humphreys Engineer Center Support Activity, ATTN: CEHEC-CT, 
Kingman Building, Fort Belvoir, VA 22060-5580
DACA75
DACW75
ZC
    USA Engineer Ordnance Program Division, ATTN: CETAD-OP-C, APO AE 
09803-1303
DACA76
DACW76
ZD
    USA Engineer Topographic Laboratories, ATTN: CETEC-CT, Cude Building 
#2592, Fort Belvoir, VA 22060-5546
DACA78
DACW78
9V
    USA Engineer Transatlantic Division, ATTN: CETAD-CT-P, 201 Prince 
Frederick Drive, Winchester, VA 22602
DACA79
DACW79
2R
    USA Engineer District Japan, ATTN: CEPOJ-CT, Unit 45010, APO AP 
96343-0061
DACA81
DACW81
    USA Engineer District, Far East, APO AP 96205-0610
DACA83
DACW83
ZH
    USA Engineer Division--Pacific Ocean, ATTN: CEPOD-CT, Building 230, 
Fort Shafter, HI 96858-5540
DACA85
DACW85
ZJ
    USA Engineer District, Alaska, P.O. Box 898, Anchorage, AK 99506-
0898
DACA87
DACW87
ZW
    USA Engineer Division, Huntsville, ATTN: CEHND-CT, P.O. Box 1600, 
Huntsville, AL 35807-4301
DACA88
DACW88
0S
    USA Construction Engineering Research Laboratory, ATTN: CECER-CT, 
P.O. Box 4005, Champaign, IL 61820-1305
DACA89
DACW89
1Z
    USA Cold Regions Research and Engineering Laboratory, ATTN: CECRL-
LM-CT, 72 Lyme Road, Hanover, NH 03755-1290
DACA90
DACW90
    USA Engineer District, Europe, ATTN: CETAE-CT, Unit 25727, APO AE 
09242-5301

[[Page 244]]

DADA03
8W
    Fitzsimons Army Medical Center, Directorate of Contracting, ATTN: 
HSHG-DC, Building 205, 10th Street & McCloskey Avenue, Aurora, CO 80045-
5001
DADA08
BT
    Dwight David Eisenhower Medical Center, Contracting Office, ATTN: 
HSAA-D, Building 39706, 40 A Street, Fort Gordon, GA 30905-5650
DADA09
YY
    William Beaumont Army Medical Center, ATTN: HSAA-W, Building 7777, 
Piedras Street, Room 4J18, El Paso, TX 79920-5001
DADA10
ZQ
    U.S. Army Health Services Command, Central Contracting Office, ATTN: 
HSAA-C, Building 2015, Beebe Loop, Fort Sam Houston, TX 78234-6000
DADA13
0W
    Madigan Army Medical Center, Contracting Office, ATTN: HSAA-M, 
Building 9933-A, Johnson Street, Tacoma, WA 98431-5100
DADA15
0X
    Walter Reed Army Medical Center, Directorate of Contracting, ATTN: 
HSHL-ZC, Building T-20, 1st Floor, Washington, DC 20307-5001
DADA16
0Y
    Tripler Army Medical Center, Contracting Office, ATTN: HSAA-T, 
Building 160, Krukowski Street, Tripler AMC, HI 96859-5000
DADA18
1R
    Directorate of Contracting, ATTN: AFZG-DOC, Building 4201, Fort Sam 
Houston, TX 78234-5000
DAEA08
E4
    U.S. Army Information Systems Command, Office of Acquisition, ATTN: 
ASPC-RA, 134 Malbrouk Street, Fort Ritchie, MD 21719-4020
DAEA16
E7
    Headquarters, 5th Signal Command, DCSLOG, Contract Management 
Division, ATTN: ASQE-LG-C, CMR 421, APO AE 09056-3104
DAEA20
E8
    Commander, 1st Signal Brigade (USAISC), Office of Acquisition 
Management, ATTN: ASQK-AM, Unit #15271, APO AP 96205-0044
DAEA32
Y6
    U.S. Army Information Systems Command, Contracting Office 
(USAISCCO), ATTN: ASPC-T, Building 61801, Room 2408, Fort Huachuca, AZ 
85613-5000
DAHA01
9B
    USPFO for Alabama, P.O. Box 3715, Montgomery, AL 36193-4801
DAHA02
0G
    USPFO for Arizona, 5644 East Moreland Street, Phoenix, AZ 85008-3442
DAHA03
9D
    USPFO for Arkansas, Camp Robinson, North Little Rock, AR 72118-2200
DAHA04
9N
    USPFO for California, P.O. Box 8104, San Luis Obispo, CA 93403-8104
DAHA05
Z0
    USPFO for Colorado, Camp George West, Golden, CO 80401-3997
DAHA06
1S
    USPFO for Connecticut, State Armory, ATTN: Contracting Officer, 360 
Broad Street, Hartford, CT 06105-3795
DAHA07
9A
    USPFO for Delaware, Grier Building, 1161 River Road, New Castle, DE 
19720-5199
DAHA08
2W
    USPFO for Florida, P.O. Box 1008, St. Augustine, FL 32085-1008
DAHA09
C0
    USPFO for Georgia, P.O. Box 17882, Atlanta, GA 30316-0882
DAHA10
CU
    USPFO for Idaho, P.O. Box 45, Boise, ID 83707-4501
DAHA11
9E
    USPFO for Illinois, 1301 North McArthur Boulevard, Springfield, IL 
62702-2399
DAHA12
4E
    USPFO for Indiana, P.O. Box 41346, Indianapolis, IN 46241-0346
DAHA13
9L
    USPFO for Iowa, Camp Dodge, 7700 NW Beaver Drive, Johnston, IA 
50131-1902
DAHA14
4Z
    USPFO for Kansas, 2737 South Kansas Avenue, Topeka, KS 66611-1170
DAHA15
6P
    USPFO for Kentucky, Boone National Guard Center, Frankfort, KY 
40601-6192
DAHA16
0A

[[Page 245]]

    USPFO for Louisiana, Jackson Barracks, New Orleans, LA 70146-0330
DAHA17
0B
    USPFO for Maine, Camp Keys, Augusta, ME 04333-0032
DAHA18
0C
    USPFO for Maryland, State Mil Reservation, 301 Old Bay Lane, Havre 
de Grace, MD 21078-4094
DAHA19
0D
    USPFO for Massachusetts, ATTN: Contracting Officer, 143 Speen 
Street, Natick, MA 01760-2599
DAHA20
9F
    USPFO for Michigan, 3111 West St. Joseph Street, Lansing, MI 48913-
5102
DAHA21
9K
    USPFO for Minnesota, Camp Ripley, P.O. Box 288, Little Falls, MN 
56345-0288
DAHA22
CW
    USPFO for Mississippi, 144 Military Drive, Jackson, MS 39208-8880
DAHA23
9H
    USPFO for Missouri, 1715 Industrial Avenue, Jefferson City, MO 
65101-1468
DAHA24
9P
    USPFO for Montana, P.O. Box 1157, Helena, MT 59624-1157
DAHA25
    USPFO for Nebraska, 1234 Military Road, Lincoln, NE 68508-1092
DAHA26
    USPFO for Nevada, 2601 South Carson Street, Carson City, NV 89701-
5596
DAHA27
    USPFO for New Hampshire, P.O. Box 2003, Concord, NH 03301-2003
DAHA28
ZK
    USPFO for New Jersey, 131 Eggert Crossing Road, Lawrenceville, NJ 
08648-2805
DAHA29
    USPFO for New Mexico, ATTN: Contracting Officer, P.O. Box 4277, 
Santa Fe, NM 87502-4277
DAHA30
D2
    USPFO for New York, 330 Old Niskayuna Road, Latham, NY 12110-2224
DAHA31
D3
    USPFO for North Carolina, 4201 Reedy Creek Road, Raleigh, NC 27607-
6412
DAHA32
D6
    USPFO for North Dakota, P.O. Box 5511, Bismarck, ND 58502-5511
DAHA33
9M
    USPFO for Ohio, 2811 West Granville Road, Columbus, OH 43235-2712
DAHA34
9J
    USPFO for Oklahoma, 3501 Military Circle, N.E., Oklahoma City, OK 
73111-4398
DAHA35
1X
    USPFO for Oregon, ATTN: USPFO-P, P.O. Box 14840, Salem, OR 97309-
5008
DAHA36
DL
    USPFO for Pennsylvania, Department of Military Affairs, ATTN: 
Contracting Officer, Annville, PA 17003-5003
DAHA37
    USPFO for Rhode Island, 330 Camp Street, Providence, RI 02906-1954
DAHA38
DU
    USPFO for South Carolina, 9 National Guard Road, Columbia, SC 29201-
4766
DAHA39
VQ
    USPFO for South Dakota, Camp Rapid, Rapid City, SD 57702-8186
DAHA40
YX
    USPFO for Tennessee, Powell Avenue, P.O. Box 40748, Nashville, TN 
37204-0748
DAHA41
9C
    USPFO for Texas, ATTN: Contracting Officer, P.O. Box 5218, Austin, 
TX 78563-5218
DAHA42
    USPFO for Utah, P.O. Box 2000, Draper, UT 84020-2000
DAHA43
    USPFO for Vermont, Camp Johnson, Building #3, P.O. Box 2000, 
Colchester, VT 05446-3004
DAHA44
ZR
    USPFO for Virginia, 501 East Franklin Street, Richmond, VA 23219-
2317
DAHA45
ZX
    USPFO for Washington, Camp Murray, Tacoma, WA 98430-5000
DAHA46
    USPFO for West Virginia, 50 Armory Road, Buckhannon, WV 26201-2396
DAHA47
9G
    USPFO for Wisconsin, Camp Douglas, WI 54618-9002
DAHA48
    USPFO for Wyoming, P.O. Box 1709, Cheyenne, WY 82003-1709
DAHA49
    USPFO for the District of Columbia, Anacostia Naval Air Station, 
Building 350, Washington, DC 20315-0001
DAHA50
    USPFO for Hawaii, 3949 Diamond Head Road, Honolulu, HI 96816-4495

[[Page 246]]

DAHA51
2Z
    USPFO for Alaska, ATTN: P&C Division, Camp Denali, P.O. Box B, Fort 
Richardson, AK 99505-5000
DAHA70
    USPFO for Puerto Rico, P.O. Box 3786, San Juan, PR 00904-3786
DAHA72
    USPFO for Virgin Islands, #9 Estate Diamond, Frederiksted, St. 
Croix, VI 00840
DAHA74
    USPFO for Guam, PSC456 Box 56, FPO AP 96539-1256
DAHA90
2Y
    National Guard Bureau, Contracting Support, 5109 Leesburg Pike, 
Suite 401-B, Falls Church, VA 22041-3201
DAHC21
G3
    MTMC Eastern Area, Acquisition Division, ATTN: MTEA-LOA, Building 
427, Military Ocean Terminal, Bayonne, NJ 07002-5302
DAHC22
DP
    HQ MTMC, Acquisition Division, ATTN: MTAQ-AT, Room B24-L, 5611 
Columbia Pike, Falls Church, VA 22041-5050
DAHC23
G4
    MTMC, Western Area, Oakland Army Base, ATTN: MTWA-LOA, Building 1, 
Alaska Street, Room 2336, Oakland, CA 94026-5000
DAHC24
1B
    HQ MTMC, Acquisition Division, ATTN: MTAQ-AS, Room 725, 5611 
Columbia Pike, Falls Church, VA 22041-5050
DAHC25
1W
    HQ MTMC, Directorate of Personal Property, ATTN: MTPP, 5611 Columbia 
Pike, Falls Church, VA 22041-5050
DAHC26
0E
    HQ MTMC, Program Support Division, ATTN: MTAQ-AF, Stop 898, Fort 
Belvoir, VA 22060-5898
DAHC30
0F
    U.S. Army Military District of Washington, Directorate of 
Contracting, ATTN: ANOC-Z, Building 15, Cameron Station, Alexandria, VA 
22304-5050
DAHC32
0M
    National Defense University, Contracting Office, ATTN: NDU-LG-P, 
Building 62, Fort Leslie J. McNair, Washington, DC 20319
DAHC35
2M
    USA Garrison Fort Belvoir, Directorate of Contracting, ATTN: ANFB-
OC, 9410 Jackson Loop, Suite 101, Fort Belvoir, VA 22060-5134
DAHC36
1J
    Fort Meade Directorate of Contracting, ATTN: ANME-OC, Building 2234, 
Fort George G. Meade, MD 20755-5081
DAHC38
2S
    Fort Ritchie Directorate of Contracting, Fort Ritchie, MD 21719
DAHC75
0U
    U.S. Army, Pacific, Office of the ACSAM, ATTN: APAM, Building T115, 
Palm Circle Drive, Fort Shafter, HI 96858-5100
DAHC76
8U
    U.S. Army Garrison, Alaska, Directorate of Contracting, ATTN: APVR-
DOC, P.O. Box 5-525, Fort Richardson, AK 99505-0525
DAHC77
CJ
    U.S. Army Support Command, Hawaii, Directorate of Contracting, ATTN: 
APVG-GK, Building 520, Pierce Street, Fort Shafter, HI 96858-5025
DAHC90
YJ
    U.S. Army Intelligence and Security Command, ATTN: IAPARC, Building 
2444 (Stop 370), Fort Belvoir, VA 22060-5368
DAHC92
1V
    U.S. Army Garrison, Panama, Directorate of Contracting, ATTN: SOCO-
CO, Unit 7116, APO AA 34002-5000
DAHC94
BD
    U.S. Army Info Sys Sel & Acq Activity, ATTN: ISSA-PP, 2461 
Eisenhower Avenue, Alexandria, VA 22331-0700
DAJA01
9Q
    RCO Vicenza, ATTN: AEUCC-I, Unit 31401, Box 33, APO AE 09630
DAJA02
G5
    RCO Seckenheim, ATTN: AEUCC-S, Unit 29331, APO AE 09266
DAJA04
9R
    RCO Fuerth, ATTN: AEUCC-FU, Unit 28130, APO AE 09222
DAJA16
8X
    RCO Grafenwoehr, ATTN: AEUCC-G, Unit 28130, APO AE 09114
DAJA22
G6
    Wiesbaden Regional Contracting Center, ATTN: AEUCC-C, CMR 410, Box 
741, APO AE, 09096
DAJA61
9Z
    RCO Benelux, ATTN: AEUCC-B, PSC 79, Box 003, APO AE 09724

[[Page 247]]

DAJA89
F0
    RCO Wuerzburg, Suboffice of Fuerth, ATTN: AEUCC-W, River Building, 
3rd Floor, APO AE 09244
DAJA90
0T
    RCO Bad Kreuznach, ATTN: AEUCC-BK, Unit 24307, APO AE 09252
DAJB03
F4
    HQ, EUSA, Asst Cofs Acquisition Mgt, ATTN: EAAQ (PARC), Unit 15236, 
APO AP 96205-0009
DAKF04
ZE
    Directorate of Contracting, ATTN: AFZJ-DC, P.O. Box 10039, Fort 
Irwin, CA 92310-5000
DAKF06
1C
    Directorate of Contracting, ATTN: AFZC-DOC, Building 6222, Fort 
Carson, CO 80913-5022
DAKF10
1D
    Directorate of Contracting, ATTN: AFZP-DC, Building 622, 2nd Floor, 
Fort Stewart, GA 31314-5189
DAKF11
1E
    Directorate of Contracting, ATTN: AFZK-DOC, Building 184, Fort 
McPherson, GA 30330-5000
DAKF12
BC
    FORSCOM Central Contracting Office, ATTN: FCJ4-PRC, Building 130, 
Fort McPherson, GA 30330-6000
DAKF19
1G
    Directorate of Contracting, ATTN: AFZN-DOC, P.O. Box 2248, Fort 
Riley, KS 66442-0248
DAKF23
1H
    Directorate of Contracting, ATTN: AFZB-DOC, Building 2174, Street 
13A, Fort Campbell, KY 42223-1100
DAKF24
G1
    Directorate of Contracting, ATTN: AFZX-DOC, P.O. Drawer 3918, Fort 
Polk, LA 71459-5000
DAKF29
2G
    Directorate of Contracting, ATTN: AFZI-DOC, Building 5418, South 
Scott Plaza, Fort Dix, NJ 08640-6150
DAKF31
1K
    Directorate of Contracting, ATTN: AFZD-DOC, Building 227, Fort 
Devens, MA 01433-5340
DAKF36
1M
    Directorate of Contracting, ATTN: AFZS-DOC, West Street, Building T-
45, Fort Drum, NY 13602-5220
DAKF40
1N
    Directorate of Contracting, ATTN: AFZA-DC, Drawer 70120, Fort Bragg, 
NC 28307-0120
DAKF48
1Q
    Headquarters, III Corps and Fort Hood, Directorate of Contracting, 
ATTN: AFZF-DOC, Building 1001 (Room W103), Fort Hood, TX 76544-5059
DAKF57
1T
    Directorate of Contracting, ATTN: AFZH-DOC, Rainer Drive, Building 
9504, Fort Lewis, WA 98433-5000
DAKF61
1U
    Directorate of Contracting, ATTN: AFZR-DOC, Building 2103, Fort 
McCoy, WI 54656-5000
DAMD17
B3
    U.S. Army Medical Research Acquisition Activity, ATTN: SGRD-RMA, 
Building 820, Chandler Street, Frederick, MD 21702-5014
DASA01
G0
    Commander, ARCENT HQ SWA, ATTN: DOC, APO AE 09808
DASA02
    Commander, ARTAS-K, ATTN: AFRD-KU-KO, APO AE 09889
DASA03
    Commander, ARCENT Contracting Division, ATTN: AFRD-PARC, Building 
363, Fort McPherson, GA 30330-6000
DASG60
CB
    USA Space and Strategic Defense Command, Deputy Commander, ATTN: 
CSSD-CM, P.O. Box 1500, Huntsville, AL 35807-3801
DASG62
CH
    U.S. Army Space Command, ATTN: MOSC-SC, 1670 North Newport Road, 
Suite 211, Colorado Springs, CO 80916-2749
DASW01
F7
    Defense Supply Service--Washington, ATTN: Policy and Compliance, 
5200 Army Pentagon, Room 1D245, Washington, DC 20310-5200
DATM01
0R
    U.S. Army OPTEC Contacting Activity, ATTN: CSTE-ZOC, P.O. Box Y, 
Fort Hood, TX 76544-5065

[[Page 248]]



PART 3--NAVY ACTIVITY ADDRESS NUMBERS--Table of Contents




    * An asterisk indicates a two-digit code of a major command, which 
is shared with subordinate activities. Such subordinate activities will 
indicate the Unit Identification Code of the major command in 
parentheses, e.g. (MAJ00011).

N00011--LB*, LBZ
    Chief of Naval Operations, Washington, DC 20350-2000
N00012--HX*, V8*, V8Y
    Assistant for Administration, Under Secretary of the Navy, 
Washington, DC 20350
N00013--MR
    Judge Advocate General, Navy Department, 200 Stovall Street, 
Alexandria, VA 22332
N00014--EE*, EE0-9
    Office of Naval Research, Arlington, VA 22217
N00015--L0*, L0Z
    Naval Intelligence Command HQ, (Suitland, MD), 4600 Silver Hill 
Road, Washington, DC 20389
N00018--MC*, MD*, J5*, QA*, MCZ
    Bureau of Medicine and Surgery, Washington, DC 20372-5120
N00019--EF*, GU*, EF0-9
    Naval Air Systems Command, 1421 Jefferson Davis Highway, Arlington, 
VA 22243-5120
N00022--ML*, MQ*, NV*, MLZ
    Chief of Naval Personnel, Washington, DC 20370-2000
N00023--4J*, L5*, 4J0-9
    Naval Supply Systems Command, 1931 Jefferson Davis Highway, 
Arlington, VA 22241-5360
N00024--EH*, U0*, EH0-9
    Naval Sea Systems Command, 2531 Jefferson Davis Highway, Arlington, 
VA 22242-5160
N00025--EJ*, FZ*, EJ0-9
    Naval Facilities Engineering Command, 200 Stovall Street, 
Alexandria, VA 22332
N00030--EK*, EK0-9
    Strategic Systems Programs, 1931 Jefferson Davis Highway, Arlington, 
VA 22241-5362
N00033--EL*, EL0-9
    Commander, Military Sealift Command, Washington, DC 20390
    N00038 (MAJ00011)--LB-5
U.S. Commander-in-Chief, Pacific, HQ Support Division, Box 64017, Code 
          J145, Camp H.N. Smith, HI 96861-4017
N00039--NS*, NS0-9
    Space and Naval Warfare Systems Command, 2451 Crystal Drive, 
Arlington, VA 22245-5200
N00060--LH*, J0*, NM*, LHZ
    Commander-in-Chief, Atlantic Fleet, Norfolk, VA 23511
N00061--NL*, NLZ
    Commander-in-Chief, U.S. Naval Forces, Europe, (London, U.K.), FPO 
AE 09499
N00062--8A*, L9*, R0*, 8A0-9
    Chief of Naval Education and Training, Code 013, NAS, Pensacola, FL 
32508-5100
N00063--NT*, NTZ
    Naval Computer and Telecommunications Command, 4401 Massachusetts 
Avenue NW., Washington, DC 20394-5290
N00065--S0*, S0Z
    Naval Oceanography Command, Stennis Space Center, Bay St. Louis, MS 
39529-5000
N00069--8Q*, 8QZ
    Naval Security Group HQ, 3801 Nebraska Avenue NW., Washington, DC 
20390-0008
N00070--LP*, V5*, 4L*, LPZ
    Commander in Chief, Pacific Fleet, NAVBASE, Pearl Harbor, HI 96860-
7000
N00072--9T*, LC*, 9TZ
    Commander, Naval Reserve Force, Code 17, New Orleans, LA 70146
N00074--QH*, QHZ
    Naval Special Warfare Command, NAVPHIBASE Coronado, San Diego, CA 
92155
N00101--3R
    Naval Air Station, South Weymouth, MA 02190
N00102--EN
    Portsmouth Naval Shipyard, Portsmouth, NH 03801
N00104--EP, EQ
    Naval Inventory Control Point, 5450 Carlisle Pike, Box 2020, 
Mechanicsburg, PA 17055-0788
N00105--JT
    Naval Medical Clinic, NAVSHIPYD, Portsmouth, NH 03801
N00109--F1
    Naval Weapons Station, Yorktown, VA 23491
N00123--ES
    Commanding Officer, Naval Regional Contracting Center, 937 N. Harbor 
Drive, San Diego, CA 92132-5106
N00124--M5
    Naval War College, Newport, RI 02840
N00127--H1
    Naval Air Station, Quonset Point, RI 02819
N00128--EU
    Supply Department, Naval Administrative Command, Naval Training 
Station, Great Lakes, IL 60088
N00129--EV
    Submarine Base, New London, Groton, CT 06340
N00140--EX, LA
    Commanding Officer, Naval Regional Contracting Center, Naval Base 
Bldg. No. 600, Philadelphia, PA 19112
N00146--QK
    Marine Corps Air Station, Cherry Point, NC 28533
N00151--EY

[[Page 249]]

    Philadelphia Naval Shipyard, Philadelphia, PA 19112
N00153--N0
    Governor, Naval Home, 01800 East Beach Blvd., Gulfport, MS 39501
N00158--3V
    Naval Air Station, Willow Grove, PA 19090
N00161--FA
    Naval Academy, Annapolis, MD 21402
N00162 (MAJ00018)--MDG-H
    Naval Medical Clinic, Annapolis, MD 21402-5050
N00163--FB
    Naval Air Warfare Center, Aircraft Division Indianapolis, 21st and 
Arlington Avenue, Indianapolis, IN 46218
N00164--FC
    Naval Surface Warfare Center, Crane Division, Crane, IN 47522
N00166 (MAJ00072)--LC0-1
    Naval Air Facility, Bldg 3086, Andrews AFB, Washington, DC 20396-
5130
N00167--FD
    Naval Surface Warfare Center, Carderock Division, Bethesda, MD 
20084-5000
N00168--FE
    National Naval Medical Center, National Capital Region, Bethesda, MD 
20014
N0017A
    Atlantic Fleet Weapons Training, Facility (Code 51) (Roosevelt 
Roads, PR), Naval Station, Box 3023, FPO AA 34051
N00171--N5
    HQ, Naval District Washington, Washington Navy Yard, Washington, DC 
20374
N00173--FF
    Naval Research Laboratory, Washington, DC 20390
N00174--FG
    Naval Surface Warfare Center, Indian Head Division, Indian Head, MD 
20640
N00178
    Naval Surface Warfare Center, Dahlgren Division, Dahlgren, VA 22448
N00181--FJ
    Norfolk Naval Shipyard, Portsmouth, VA 23709
N00183--JX
    Commanding Officer, Naval Hospital, Portsmouth, VA 23708-5100
N00187--3J
    Navy Public Works Center, Norfolk, VA 23511
N00188--H2
    Naval Air Station, Norfolk, VA 23511
N00189--FK, H3
    Naval Supply Center, Norfolk, VA 23512
N00191--FL
    Charleston Naval Shipyard, Naval Base, Charleston, SC 29408
N00193 (MAJ00024)--EHD-G
    Commanding Officer (Code 11), Naval Weapons Station, Charleston, SC 
29408-7000
N00196--3K
    Commanding Officer (Code 60), Naval Air Station, Atlanta, Marietta, 
GA 30060
N00197--FM
    Naval Surface Warfare Center, Naval Ordnance Station, Crane 
Division, Louisville, KY 40214
N00203 (MAJ00018)--MCL
    Commanding Officer, Naval Hospital, Pensacola, FL 32512
N00204--FN
    Naval Air Station (Code 19P10), Pensacola, FL 32508
N00205--FP
    Naval Support Activity (Code N443), New Orleans, LA 70146
N00206
    Naval Air Station, New Orleans, LA 70146
N00207--FQ
    Naval Air Station, Jacksonville, FL 32212
N00211 (MAJ00018)--MCQ-S
    Naval Hospital, Great Lakes, IL 60088-5230
N00213--H4
    Naval Air Station, Key West, FL 33040
N00215--3W
    Naval Air Station (Code 60), Dallas, TX 75211
N00216--FR
    Commanding Officer (Code 194), Naval Air Station, Bldg 10, Corpus 
Christi, TX 78419
N00221--K5
    Mare Island Naval Shipyard, Vallejo, CA 94592
N00228--FU
    Naval Supply Center, Oakland, CA 94625
N00231
    Commanding Officer, Naval Medical Clinic, Quantico, VA 22134
N00232 (MAJ00018)--MCB-F
    Naval Hospital, Jacksonville, FL 32214-5222
N00236--NX
    Naval Air Station, Alameda, CA 94501
N00244--NW
    Naval Supply Center, Naval Base, 937 North Harbor Drive, San Diego, 
CA 92132
N00245 (MAJ00070)--LPN
    Naval Station, San Diego, CA 92136-5000
N00246--H5
    Naval Air Station, North Island, San Diego, CA 92135
N00247--HC
    Naval Training Center, San Diego, CA 92133
N00249
    Commanding Officer, Civil Engineer Support Office, Naval 
Construction Battalion Center, Port Hueneme, CA 93043
N00250--FW
    Commander, Navy Exchange Service Command, NAVSTA New York, Staten 
Island, NY 10305
N00251--FX
    Puget Sound Naval Shipyard, Bremerton, WA 98314
N00253--FY
    Commanding Officer, Naval Undersea Warfare Center, Division Keyport, 
Keyport, WA 98345
N00255 (MAJ00070), LPS-T--LPW-Y

[[Page 250]]

    Naval Station Puget Sound, Seattle, WA 98115-5000
N00267 (MAJ00018)--MC0-1
    Commanding Officer, Navy Medical Clinic, Key West, FL 33040
N00274 (MAJ00072)--LCA-B
    Naval Air Facility, Detroit, Selfridge Air Force Base, Supply 
Department, Mt. Clemens, MI 48045
N00275--3M
    Naval Air Station, Glenview, IL 60026
N00276
    Naval Air Station, Twin Cities, Minneapolis, MN 55450
N00281 (MAJ00062)--L90-1
    Commanding Officer, Fleet Combat Training Center, Atlantic, Dam 
Neck, Virginia Beach, VA 23461
N00285 (MAJ00018)--MDR
    Commanding Officer, Naval Hospital, Corpus Christi, TX 78419
N00288
    Naval Publications and Forms Center, 5801 Tabor Avenue, 
Philadelphia, PA 19120
N00296--NY
    Naval Air Station, Moffett Field, CA 94035
N00311--GA
    Pearl Harbor Naval Shipyard, Box 400 Pearl Harbor, HI 96860
N0031A (MAJ00060), J0K-M--JOY-Z
    Commander, Naval Special Warfare Group Two, Naval Amphibious Base, 
Little Creek, Norfolk, VA 23521-5340
N00314--M7
    Submarine Base, Pearl Harbor, HI 96860
N00334--N6
    Naval Air Station, Barbers Point, HI 96862
N00383, GB, GC
    Naval Inventory Control Point, 700 Robbins Avenue, Philadelphia, PA 
19111-5098
N00389, KL--MM
    Contracting Officer (Code 192), U.S. Naval Station (Roosevelt Roads, 
PR), Box 3002, FPO AA 34051
00391, EP, EQ, GB, GC
    Naval Inventory Control Point, 700 Robbins Avenue, Philadelphia, PA 
19111-5098
N00406--GE
    Naval Supply Center, Puget Sound, Bremerton, WA 98314
N00421--M8
    Naval Air Warfare Center, Aircraft Division, Patuxent River, MD 
20670
N00600--GG
    Naval Regional Contracting Center, Washington Navy Yard, Washington, 
DC 20374
N00604--NQ
    Naval Supply Center, Pearl Harbor, Pearl Harbor, HI 96860
N00612--GH
Commanding Officer, Naval Supply Center, RCD, Code 200M, Charleston, SC 
          29408
N00619 (MAJ00018)--QA0-9
    Naval Hospital Oakland, CA 94627-5000
N00620--H6
    Naval Air Station, Whidbey Island, Oak Harbor, WA 98277
N00639--H7
    Commanding Officer, Naval Air Station, Memphis (84), Millington, TN 
38054
N00702 (MAJ00069)--8QM-N
    Naval Security Group Activity, Winter Harbor, ME 04693
N00743--8N
    Commanding Officer, Naval Computer and Telecommunications Station 
(Roosevelt Roads, PR), Box 3022, FPO AA 34051
N00788 (MAJ00063)--NTR-S
    Commanding Officer, Naval Communications Det., Washington, 
(Cheltenham, MD), Washington, DC 20390
N00849 (MAJ00069)--8QC
    Naval Security Group Activity, Skaggs Island, Sonoma, CA 95476-5000
N00886--QB
    Naval Communications Station, San Francisco, Rough and Ready Island, 
Stockton, CA 95203
N00950--8R
    Naval Computer and Telecommunications Area, Master Station, EASTPAC, 
Wahiawa, HI 96786
N0417A (MAJ00025)--EJA
    Naval Support Facility, P.O. Box 1000, Thurmont, MD 21788
N0428A--3Q
    Naval Air Station, Patuxent River, MD 20670
N0429A--3A
    Naval Air Warfare Center, Weapons Division, Point Mugu, CA 93042
N0434A (N00022)--MQL
    United States Navy Band, Washington Navy Yard, Washington, DC 20374-
1052
N0463A (MAJ00024)--EHC
    Commanding Officer, Navy Experimental Diving Unit, NAVCOASTSYSCEN, 
Bldg. 321, Panama City, FL 32401
V04697 (MAJ00060)--LHA
    USS Simon Lake, FPO AA 34085-2590
N0597A (MAJ00012)--HXP-W
    Director, Office of Civilian Personnel Management, Southeast Region, 
Bldg A-67, Naval Base, Norfolk, VA 23511-6098
N0598A (MAJ00012)--HXN
    Director, Office of Civilian Personnel Management, Pacific Division, 
Box 119, Pearl Harbor, HI 96860-5060
N0604A (MAJ00012)--HXJ-L
    Director, Office of Civilian Personnel Management, Northwest Region, 
2890 North Main Street, Suite 301, Walnut Creek, CA 94596-2739
N0605A (MAJ00012)--HXG-H
    Director, Office of Civilian Personnel Management, Northeast Region, 
Bldg 75-3 Naval Base, Philadelphia, PA 19112-5006
N0610A (MAJ00062)--L98
    Commanding Officer, Naval Diving and Salvage Training Center, 350 
South Crag Road, Panama City, FL 32407-7016
N0618A (MAJ00062)--8AE

[[Page 251]]

    School of Music, Naval Amphibious Base, Little Creek, Norfolk, VA 
23521-5240
N0619A--8E
    Naval Health Sciences Education & Training Command, NAVMEDCOM 
NATCAPREG, Bethesda, MD 20814
N0708A (MAJ00024)--U0A-B
    Naval Warfare Engineering Activity, Port Hueneme Division, Naval 
Surface Warfare Center, Yorktown, VA 23961-5076
N08939
    Navy Section, US Military Group (Caracas, Venezuela), Department of 
State, Washington, DC 20521
N09534
    Navy Section, US Military Group (Lima, Peru), APO AA 34031
N09550--4G
    Commander Fleet Air Mediterranean (Naples, Italy), FPO AE 09619
N30492 (MAJ00039)--NSC
    David W. Taylor Naval Ship Research and Development Center 
Detachment Puget Sound, Bremerton, WA 98324-5215
N30776--4N
    Naval Air Station, Kingsville Auxiliary Landing Field Detachment, 
Orange Grove, TX 77630
N30779--3Z
    Naval Auxiliary Landing Field, Goliad, TX 77963
N30829 (MAJ00061)--NL0-2
    Officer in Charge, Naval Support Activity, Naples Detachment (Gaeta, 
Italy), FPO AE 09609
N30929
    Commanding Officer, Navy Flight Demonstration Squadron (Blue 
Angels), Naval Air Station, (Attn: Supply Officer), Pensacola, FL 32508
N31149 (MAJ00024)--EHA-B
    Naval Sea Logistics Center Detachment, Philadelphia Naval Base, 
Philadelphia, PA 19112-5061
N31699 (MAJ00012)--V8Z
    Office of Under Secretary of the Navy, Washington, DC 20350-1000
N31863
    Director, Naval Audit Service, Capital Region, P.O. Box 1206, Falls 
Church, VA 22041
N31954 (MAJ00062)--R0X
    Submarine Training Facility, San Diego, CA 92106
N32525--8S
    U.S. Naval Communication Station, Naples Detachment (Sigonella, 
Italy), FPO AE 09627
N32778 (MAJ00070)--4LE
    Fleet Activities, Chinhae (Korea), FPO AP 96269-1100
N32832--7K
    Naval Aviation Logistics Center, European Repair and Rework, 
Activity Representative (Alverca, Portugal), APO AE 09642
N32960--K2
    Navy Support Office, La Maddalena (Sardinia Italy), FPO AE 09612
N33137 (MAJ00015)--L0A-C
    Naval Intelligence Operations Group DET CTG 168.4 (Munich, Germany), 
APO AE 09108
N35316 (MAJ00060)--J0G
    Patrol Combatant Missile Squadron Two, Mobile Logistic Support 
Group, Trumbo Point Annex, NAS Key West, FL 33040
N35949 (MAJ00018)--J5S
    Naval Hospital, Twentynine Palms, CA 92278-5008
N39088 (MAJ00022)--NVF
    Navy Recruiting Orientation Unit, 206 South Avenue, Suite C, 
Pensacola, FL 32508-5102
N39167
    Commanding Officer, Naval Branch Medical Clinic, Naval Air Station, 
Meridian, MS 39309
N39353--GV
    Commanding Officer, Integrated Combat Systems Test Facility, San 
Diego, CA 92152
N41756--LE
    Navy Engineering Logistics Office, Washington, DC 20000
N42237--7A
    Commanding Officer, Naval Submarine Base, Code N411, Kings Bay, GA 
31547
N43646 (MAJ00023)--4JB
    Defense Printing Service, Detachment Branch Office, 5403 Southside 
Drive, Louisville, KY 40214
N44405 (MAJ00062)--8AA
    Antilles Consolidated School System, Box 3200 (Roosevelt Roads, PR), 
FPO AA 34051
N44416 (MAJ00023)--4JL
    Defense Printing Service Northeast Area, 700 Robbins Avenue, 
Philadelphia, PA 19111-5093
N44930--KN
    Intra-Fleet Supply Support Operations Program, Norfolk, VA 23512
N44967--KP
    Naval Sea Systems Command Detachment (PERA CSS), San Francisco, CA 
94124-2995
N45045 (MAJ00012)--V8A
    Navy Comptroller Standard Systems Activity Det., Raleigh Oaks Plaza 
Office Building, 3606 Austin Peay Highway, Memphis, TN 38128-3757
N45405--HS
    Naval Sea Systems Command Det., PERA (Surface) Atlantic Office, 
Portsmouth, VA 23709-5000
N45406--LD
    Officer in Charge, Naval Sea Systems Command Detachment (PERA CV), 
Puget Sound Naval Shipyard, Bremerton, WA 98310-0206
N45411 (MAJ00070)--LPE
    Assault Craft #5, MCB Camp Pendleton, CA 92055-5003
N45534 (MAJ00024)--EHN

[[Page 252]]

    AEGIS Combat Systems Center, Bldg D-11, Wallops Island, VA 23337
N45854 (MAJ00011)--LBE
    Fleet Surveillance Support Command, Chesapeake, Chesapeake, VA 
23322-5010
N46079
    Military Sealift Command Office, Northern Europe, (Bremerhaven, 
Germany), APO AE 09069-0006
N46450 (MAJ00023)--L50-9
    Naval Supply Center, Charleston Detachment, Naval Submarine Base, 
Kings Bay, GA 31547
N46531 (MAJ00012)--HX0-E
    Office of Civilian Personnel Management, National Capital Region, 
801 N. Randolph Street, Arlington, VA 22203
N46656--NP
    Telecommunication Management Detachment West, 937 North Harbor 
Drive, San Diego, CA 92132-5104
N46657 (MAJ00063)--NT0-NT1
    Telecommunication Management Detachment Pacific, Wahiawa, HI 96786-
3050
N46659--KJ
    Telecommunications Management Detachment Europe, (Naples, Italy), 
FPO AE 09620
N46904 (MAJ00060)--J00-1
    Commanding Officer, Precommissioned Unit, Antisubmarine Warfare 
Training Group Atlantic, Bldg CEP 104, Naval Station, Norfolk, VA 23511-
6495
N47408 (MAJ00025)--EJP-W
    Naval Facilities Engineering Command Contracts Office, Naval 
Construction Battalion Center, Port Hueneme, CA 93043-5000
N47427 (MAJ00070)--V5G
    Naval Air Pacific Repair Activity Detachment, New Zealand 
(Christchurch), c/o U.S. Naval Support Force Antarctic Det., FPO AP 
96531
N47875 (MAJ00019)--GUP-S
    Naval Technical Representative Detachment Bethpage, Grumman 
Aerospace Corporation, Bethpage, NY 11714-3593
N47876 (MAJ00019)--GUJ-L
    Naval Technical Representative Detachment Burbank, Lockheed 
Aeronautical Systems Company, P.O. Box 551, Burbank, CA 91503
N47877--GD
    Naval Technical Representative Detachment St. Louis, McDonnell 
Douglas Corporation, P.O. Box 516, St. Louis, MO 63166-0516
N47878 (MAJ00019)--GUV
    Naval Technical Representative Detachment Lynn, General Electric 
Company, Aircraft Engine Business Group, 1000 Western Avenue, Lynn, MA 
01910-0445
N47879 (MAJ00019)--GUO-B
    Naval Technical Representative Detachment Stratford, United 
Technologies Corporation, Sikorsky Aircraft Divison, Stratford, CT 06497
N48142 (MAJ00012)--V80-1
    Assistant Secretary of the Navy, Research Development and 
Acquisition, Washington, DC 20350-1000
N48398 (MAJ00070)--4LD
    Commander, U.S. Naval Forces Alaska, P.O. Box 25517, Juneau, AK 
99802-5517
N48521 (MAJ00019)--GUX
    Naval Technical Representative Detachment Bell, Bell Helicopter 
Textron, P.O. Box 482, Bldg. 2, Fort Worth, TX 76101
N48758 (MAJ00070)--V5R
    Naval Air Pacific Repair Activity Plant Rep. Office, Box 39, 
(Atsugi, Japan), FPO AP 96306
N48984 (MAJ00023)--L5E
    Defense Printing Service, Detachment Office, 901 South Drive, Scott 
Air Force Base, IL 62225-5106
N49399 (MAJ00060)--NM0-9
    Naval Submarine Support Facility, Supply Operations, New London, Box 
500, Groton, CT 06349-5500
N52731 (MAJ00072)--LCU
    Reserve Naval Construction Force, First Reserve Naval Construction 
Brigade Support Detachment, Naval Construction Battalion Center, Bldg 
121, Gulfport, MS 39501-5016
N52846 (MAJ00019)--EFA-B
    Naval Aviation Depot Operations Center Detachment, European Repair 
and Rework Activity (NERRA), (Naples, Italy), Box 50, FPO AE 09619
N52855--LZ
    Special Boat Unit 11, FPO AP 96601-4517
N53210 (MAJ00060)--LHJ-K
    Assault Craft Unit 2, Naval Amphibious Base, Little Creek, Norfolk, 
VA 23520
N53825--GY
    Naval Surface Force, US LANTFLT, Norfolk, VA 23511-6002
N53863 (MAJ00060)--LHH
    Commander, Surface Warfare Development Group, 2200 Amphibious Drive, 
Norfolk, VA 23521-2850
N53999 (MAJ00060)--J0Q-R
    Seal Team Six, Naval Amphibious Company, Norfolk, VA 23521
N55105 (MAJ00060)--NMC
    Amphibious Construction Batallion Two, 1815 Seabee Drive, Norfolk, 
VA 23701
N55131 (MAJ00060)--J0A-B
    Cargo Handling and Port Group, Williamsburg, VA 23187-5792
N55271 (MAJ00070)--LP8
    Commander, Combat Logistics Group One (N716), Building 221-2W, NSC, 
Oakland, CA 94625-5309
N55322 (MAJ00060)--LHN
    Explosive Ordnance Disposal Group Two, Fort Story, VA 23459-5024
N55418 (MAJ00070)--V50

[[Page 253]]

    Naval Antarctic Support Unit, (Christchurch, New Zealand), FPO AP 
96531
N57007--VO
    Commander, Middle East Force, (Jufair, Bahrain), FPO AE 09834
N57012--GQ
    Commander Naval Air Force, U.S. Atlantic Fleet, Naval Air Station, 
Norfolk, VA 23511
N57016 (MAJ00060)--J0N
    Commander Submarine Force, U.S. Atlantic Fleet, Norfolk, VA 23511-
6296
N57023--GT
    Commander, Operational Test and Evaluation Force, Naval Base, 
Norfolk, VA 23511
N57032 (MAJ00061)--NLF-H
    Naval Air Facility, (Mildenhall, UK), FPO AE 09459
N57049 (MAJ00060)--JOE-F, V-X
    Naval Support Facility (Antigua, West Indies), FPO AA 34054
N57053 (MAJ00070)--LPQ
    Naval Facility, Centreville Beach, Ferndale, CA 95536-9766
N57070 (MAJ00060)--LH7
    Commander, Undersea Surveillance, U.S. Atlantic Fleet, Norfolk, VA 
23511-6687
N57075 (MAJ00060)--LH9
    Commanding Officer, Naval Facility (Argentia, Canada), FPO AE 09730
N57092 (MAJ00070)--V5U
    Naval Inshore Undersea Warfare Group One, Building 184, Box 
357140NOLF, Imperial Beach, CA 92135-7140
N57095 (MAJ00060)--LH0-1
    Atlantic Fleet Headquarters Support Activity, CINCLANTFLEET, 
Norfolk, VA 23511
N57100 (MAJ00070)--LP0-1
    Naval Special Warfare Group One, NAVPHIBASE Coronado, San Diego, CA 
92155
N60002 (MAJ00018)--QAD
    Commanding Officer, Naval Hospital, Millington, TN 38054
N60028--QC
    Naval Station, Treasure Island, San Francisco, CA 94130
N60036--QD
    Naval Weapons Station, Concord, CA 94520
N60042 (MAJ00070)--LPU
    Naval Air Facility, El Centro, CA 92243
N60050--HD
    Marine Corps Air Station, El Toro, Santa Ana, CA 92709
N60087--3P
    Naval Air Station, Brunswick, ME 04011
N60169--W0
    Commanding Officer, Marine Corps Air Station, Beaufort, SC 29904
N60191--4A
    Naval Air Station, Oceana, Virginia Beach, VA 23460
N60200--3G
    Commanding Officer, Naval Air Station, Cecil Field, FL 32215
N60201--L7
    Commanding Officer, Naval Air Station, P.O. Box M, Mayport, FL 32228
N60211--3D
    Naval Auxiliary Landing Field, Crows Landing, CA 95313
N60234--4R
    Naval Air Station, Whiting Field, OLF Saufley Field, Pensacola, FL 
32508
N60241--3X
    Commanding Officer, Naval Air Station, Bldg. 2701, Kingsville, TX 
78363
N60258--GK
    Long Beach Naval Shipyard, Long Beach, CA 90801
N60259--H9
    Naval Air Station, Miramar, San Diego, CA 92145-5000
N60268 (MAJ62980)--MQ0-1
    Navy Recruiting District Chicago, Glenview, IL 60026-5200
N60376--3Y
    Commanding Officer, Naval Air Station, Chase Field, Beeville, TX 
78103
N60462--WE
    Naval Air Station, Adak (Alaska), FPO AP 98506-1200
N60478--3C
    U.S. Naval Weapons Station, Earle, Colts Neck, NJ 07722
N60495--3T
    Naval Air Station, Fallon, NV 89406
N60508--4Q
    Commanding Officer, Naval Air Station, Whiting Field, Milton, FL 
32570
N60514--GL
    Commanding Officer, Naval Station (Guantanamo Bay, Cuba), Box 33, 
FPO AE 09593
N60530--GM
    Naval Air Warfare Center, Weapons Division, China Lake, CA 93555
N60656--GN
    Navy Exchange, Naval Station, Annapolis, MD 21402
N60663--GR
    Officer in Charge, Navy Resale Activity, Commissary Support Office, 
Naval Base, Bldg 2600, Great Lakes, IL 60088
N60666--GS
    Navy Exchange, Naval Air Station, Key West, FL 33040
N60676--GX
    Navy Resale and Services Support Office, Field Support Office 
Commissary Div., Naval Air Station, Mechanicsburg, PA 17055
N60681--HA
    Commissary OPS Division, NAVRESSOFSO, Naval Station, San Diego, CA 
92136
N60693--HB
    Navy Resale Activity, Commissary Support Office, Naval Base Pearl 
Harbor, Box 110, Pearl Harbor, HI 96860
N60701--4M
    Naval Weapons Station, Seal Beach, CA 90740
N60865 (MAJ00070)--V5X

[[Page 254]]

    Naval Forces, Marianas (Guam), FPO AP 96540
N60872 (MAJ00070)--V5T
    Naval Magazine (Guam) FPO AP 96540-1300
N60895--HF
    Commissary OPS Division, NAVRESSOFSO, Naval Air Station, Alameda, CA 
94501
N60921 HG--FH
    Commander, Naval Surface Warfare Center, Dahlgren Division, 
Detachment White Oak, 10901 New Hampshire Avenue, Silver Spring, MD 
20903
N60935--HH
    Commissary OPS Div, NAVRESSOFSO, Naval Air Station, Jacksonville, FL 
32212
N60936--HJ
    Navy Resale Activity Commissary Support Office, Naval Air Station, 
Pensacola, FL 32508
N60937--HK
    Navy Exchange Det., Naval Support Activity, New Orleans, LA 70140
N60938--HL
    Navy Resale Activity, Commissary Support Office, Naval Air Station, 
Corpus Christi, TX 78419
N60939--HM
    Navy Exchange, Naval Air Station, Memphis 32, Millington, TN 38054
N60951 (MAJ00060)--LHU
    Fleet Accounting and Disbursing Center, Operating Forces Accounting, 
U.S. Atlantic Fleet, Norfolk, VA 23511-6096
N60956 (MAJ00012)--V8J-N
    Navy Regional Finance Center, Great Lakes, IL 60088-5797
N61115--HN
    Navy Exchange Activity, Submarine Base, New London, Groton, CT 06340
N61119--HP
    Naval Supply Depot, Guam, PSC 455, Box 190, FPO AP 96540-1500
N61165--NN
    Supply Officer, Bldg NS46, Naval Station, Charleston, SC 29408-5000
N61174--7B
    Naval Station, New York, Brooklyn, NY 11251
N61189 (MAJ00060)--J0T
    Naval Station, Philadelphia, PA 19112
N61217--HQ
    Navy Exchange, Naval Air Station, Bermuda, FPO AE 09727
N61331--HR
    Naval Surface Warfare Center, Dahlgren Division, Coastal Systems 
Station, Panama City, FL 32407
N61337--H0
    Commanding Officer, Naval Hospital, Beaufort, SC 29904
N61339--HT
    Commanding Officer, Naval Training Systems Center (N-601), 12350 
Research Parkway, Orlando, FL 32826-3275
N61414--4B
    Naval Amphibious Base, Little Creek, Norfolk VA 23521
N61463 (MAJ00060)--LHB-D, LH2-4
    Supply Officer, COMNAVBASE Supply, 1530 Gilbert Street, Suite 8, 
Norfolk, VA 23511-2793
N61466
    Commander, Naval Base, Bldg NH48, Charleston, SC 29408
N61510--HU
    Navy Exchange, Naval Station (Guam), Box 179, FPO AP 96540
N61533--HW
    David W. Taylor Naval Ship Research and Development Laboratory, 
Annapolis, MD 21402
N61564--FS
    Naval Hospital, NAVBASE (Guantanamo Bay, Cuba), FPO AE 09593
N61577 (MAJ00070)--V5P
    Naval Air Station, Agana (Guam), Box 60, FPO AP 96540-1200
N61581 (MAJ00070)--4LT
    Fleet Activities, Naval Base (Yokosuka, Japan), FPO AP 96349-1100
N61685 (MAJ00065)--S0A
    Naval Oceanography Command Center (Guam), Box 12, FPO AP 96540-2926
N61726--QL
    Naval Hospital, Naval Submarine Base, New London, Groton, CT 06349
N61751 (MAJ00018)--MCK,M,N,P
    Naval Medical Research Unit No. 3, Cairo (Egypt), PSC 452, Box 5000, 
FPO AE 09835-1600
N61755 (MAJ00070)--V5E
    Naval Station (Guam), FPO AP 96540-1000
N61762--HY
    Naval Ordnance Missile Test Station, White Sands Missile Range, NM 
88002
N62021--7V
    Naval Amphibious Base, Coronado, San Diego, CA 92155
N62161--HZ
    Navy Exchange Det, NAVCOMSTA, Rough and Ready Island, Stockton, CA 
95203
N62190 (MAJ00014)--EEY
    Commanding Officer, Naval Research Laboratory, Underwater Sound 
Reference Detachment, P.O. Box 8337, Orlando, FL 32856
N62191 (MAJ00062)--L97
    Commanding Officer, Naval Reserve Officers Training Corps, and Naval 
Administrative Unit, Room 20E-125, Massachusetts Institute of 
Technology, Cambridge, MA 02139
N62254 (MAJ00070)--4LX
    Commander Fleet Activities, Okinawa, Naval Air Facility, Kadena 
(Ryukyu Islands Southern), Box SU/CR, FPO AP 96370-1100
N62269--JC
    Commander, Naval Air Warfare Center, Aircraft Division Warminster, 
Warminster, PA 18974
N62271--QE

[[Page 255]]

    Naval Postgraduate School, Monterey, CA 93940
N62285 (MAJ00065)--S00-1
    Naval Observatory, Washington, DC, 34th and Massachusetts Avenue, 
NW, Washington, DC 20390-5100
N62306--7C
    Commanding Officer (Code 4410), Naval Oceanographic Office, Stennis 
Space Center, Bay St. Louis, MS 39552
N62367 (MAJ00023)--4JC
    Navy Clothing and Textile Research Facility, 21 Strathmore Road, 
Natick, MA 01760-2490
N62376--4K
    Commanding Officer, Naval Air Warfare Center, Aircraft Division 
Trenton, P.O. Box 7176, Trenton, NJ 08628
N62381--JG
    Military Sealift Command, Atlantic, Military Ocean Terminal, 
Building 42, Bayonne, NJ 07002
N62382
    Military Sealift Command Office, Gulf Subarea, 4400 Dauphin Street, 
New Orleans, LA 70146
N62383--JH
    Military Sealift Command, Pacific, Naval Supply Center, Oakland, CA 
94625
N62387
    Commander, Military Sealift Command, Central Technical Activity 
(Code M10-3), 4228 Wisconsin Avenue, Washington, DC 20016
N62395--JK
    Navy Public Works Center, (Mariana Islands, Guam), FPO AP 96540-2937
N62401--3F
    Defense Printing Service Branch Office, The Pentagon, Washington, DC 
20350-3000
N62404--JJ
    Military Sealift Command, Far East, (Yokohama, Japan), FPO AP 96347
N62410 (MAJ00022)--MQ6
    Navy Recruiting District, P.O. Box 8667, Albuquerque, NM 87198-8667
N62412 (MAJ00022)--MLR
    Commanding Officer, Navy Recruiting District, Perry Hill Office 
Park, 3815 Interstate Court, Montgomery, AL 36109-5294
N62415 (MAJ00022)--MLX
    Commanding Officer, Navy Recruiting District, Strom Thurmond Federal 
Bldg., Suite 771, 1835 Assembly Street, Columbia, SC 29201-2430
N62416 (MAJ00022)--NV0-1
    Navy Recruiting District Columbus, Room 609 Federal Building, 200 
North High Street, Columbus, OH 44142-2474
N62419
    Commanding Officer, Navy Recruiting District, Melrose Bldg., 1121 
Walker Street, Houston, TX 77002
N62421 (MAJ00022)--MQM
    Commanding Officer, Navy Recruiting District, 8925 North Meridian 
Street, Room 250, Indianapolis, IN 46260
N62422
    Commanding Officer, Navy Recruiting District, 2974 Woodcock Drive, 
Jacksonville, FL 32207
N62423
    Commanding Officer, Navy Recruiting District, 301 Center Street, 
Little Rock, AR 72201
N62425 (MAJ00022)--MQ8
    Commanding Officer, Navy Recruiting District, 1808 West End Avenue, 
Suite 1312, Nashville, TN 37203
N62427 (MAJ00022)--MLP
    Navy Recruiting District Omaha, Overland-Wolf Building, 6910 
Pacific, Omaha, NE 68106
N62429 (MAJ00022)--MLE
    Navy Recruiting District Portland, 1220 SW Third Avenue, Suite 576, 
Portland, OR 97204
N62430
    Commanding Officer, Navy Recruiting District, 1001 Navaho Drive, 
Raleigh, NC 27609
N62432 (MAJ00022)--MQG
    Navy Recruiting District, St. Louis, 1222 Spruce Street, St. Louis, 
MO 63103-2814
N62435 (MAJ00022)--MQE
    Navy Recruiting District Boston, 495 Summer Street, Boston, MA 
02210-2103
N62437 (MAJ00022)--MQ4
    Commanding Officer, Navy Recruiting District, 918 So. Ervay Street, 
Dallas, TX 75201
N62438 (MAJ00022)--MLQ
    Navy Recruiting District Denver, Capital Life Center, 3rd Floor, 
1600 Sherman Street, Denver, CO 80203-1668
N62440 (MAJ00022)--MLT
    Navy Recruiting District, 2420 Broadway, Kansas City, MO 64108
N62441 (MAJ00022)--MLG
    Navy Recruiting District Los Angeles, 5051 Rodeo Road, Los Angeles, 
CA 90016
N62442
    Commanding Officer, Navy Recruiting District Atlanta, 612 Tinker 
Street, Suite C, Marietta, GA 30060
N62443 (MAJ00022)--MLV
    Navy Recruiting District, Federal Office Building, 2nd & Washington 
Avenues, S., Minneapolis, MN 55401
N62444 (MAJ00022)--NVA
    Commanding Officer (Code 602-2C), Navy Recruiting District, 4400 
Dauphine Street, New Orleans, LA 70146
N62448 (MAJ00022)--MLN
    Navy Recruiting District San Francisco, 1500 Broadway, Room 210, 
Oakland, CA 94612-1430
N62449 (MAJ00022)--MLC

[[Page 256]]

    Navy Recruiting District Seattle, Naval Station, Building 30, 
Seattle, WA 98115-5105
N62467--JM
    Commanding Officer, Naval Facilities Engineering Command, Southern 
Division, (SOUTHNAVFACENGCOM), 2155 Eagle Drive, P.O. Box 10068, 
Charleston, SC 29411-0068
N62470--JN
    Naval Facilities Engineering Command, Atlantic Division, Norfolk, VA 
23511
N62471--N7
    Officer in Charge of Construction, Naval Facilities Engineering 
Command, Contracts, Mid-Pacific, Pearl Harbor, HI 96860
N62472--JP
    Naval Facilities Engineering Command, Northern Division, 10 
Industrial Highway, Mail Stop # 82k Lester, PA 19113
N62474--JR
    Naval Facilities Engineering Command, Western Division, San Bruno, 
CA 94066
N62477--JU
    Naval Facilities Engineering Command, Chesapeake Division, 
Washington Navy Yard Washington, DC 20374
N62481--N8
    Naval Air Station (Bermuda), FPO AE 09727
N62507 (MAJ00070)--4LJ
    Commanding Officer, Naval Air Facility (Atsugi, Japan), Box 3, FPO 
AP 96306-1200
N62522--JV
    Military Sealift Command, Europe, (London, UK), Box 3, FPO AE 09499-
3700
N62535--HE
    Marine Corps Air Station (HELO), Tustin, CA 92710
N62537
    Military Sealift Command, Mediterranean Sub-Area, (Naples, Italy), 
Box 23, FPO AE 09619-0600
N62538--K1
    Military Sealift Command Office, Middle Atantic, NSC, Bldg Y100A, 
Norfolk, VA 23512
N62539
    Military Sealift Command Office, United Kingdom, (London, UK), Box 
29, FPO AE 09499-3700
N62573--K8
    Marine Corps Air Station, New River Plaza, Jacksonville, NC 28540
N62576 (MAJ00023)--4JG
    Defense Printing Service Branch Office, 700 Robbins Avenue, 
Philadelphia, PA 19111-5094
N62578--J2
    Naval Construction Battalion Center, Davisville, RI 02854
N62583--J3
    Naval Construction Battalion Center, Port Heuneme, CA 93041
N62585--K3
    Commander, Naval Activities, United Kingdom, (London, UK), FPO AE 
09499
N62586 (MAJ00070)--V5A-B
    Naval Ship Repair Facility (Guam), FPO AP 96540
N62588--NR
    Naval Support Activity (Naples, Italy), FPO AE 09619
N62593
    Director, Defense Printing Service Det Office, Southeast Div., 4400 
Dauphine St., Unit 601-3-B, New Orleans, LA 70146
N62603
    Commanding Officer Fleet & Mine Warfare Training Center Naval Base, 
Bldg 647 Charleston, SC 29408
N62604--J4
    Commanding Officer, Naval Construction Battalion Center, Gulfport, 
MS 39501
N62613 (MAJ00027)--MUE
    Commanding Officer, Marine Corps Air Station, (Iwakuni, Japan), FPO 
AP 96310
N62638 (MAJ00072)--LCN
    Naval Inshore Undersea Warfare Group Two, NSC Cheatham Annex, Bldg. 
111, Williamsburg, VA 23187-8792
N62645--EG
    Naval Medical Logistics Command, Fort Detrick, Frederick, MD 21701-
5015
N62649--JY
    Naval Supply Depot (Yokosuka, Japan), FPO AP 96349
N62651
    Director, Defense Printing Service Office, Southeast Division, 
Pensacola, FL 32508
N62653 (MAJ00023)--4JW-X
    Director, Defense Printing Service Branch Office, Southeast 
Division, Bldg. 1628, Naval Base, Charleston, SC 29408
N62654 (MAJ00019)--EFE
    Naval Weapons Evaluation Facility, Kirtland AFB, Albuquerque, NM 
87117
N62661 (MAJ00062)--L97
    Naval Education and Training Center, Newport, RI 02841-5000
N62665--JQ
    Supervisor of Shipbuilding, Conversion, and Repair, USN, Barnes 
Building--6th Floor, 495 Summer Street, Boston, MA 02210
N62670--8B
    Supervisor of Shipbuilding, Conversion and Repair, USN, Drawer T, 
Mayport Naval Station, Jacksonville, FL 32228
N62673--8P
    Supervisor of Shipbuilding, Conversion and Repair, USN, Naval Base, 
Charleston, SC 29408
N62678--8C
    Supervisor of Shipbuilding, Conversion and Repair, USN, P.O. Box 
215, Portsmouth, VA 23705
N62686--T0

[[Page 257]]

    Defense Printing Service Office, Naval District Washington, Building 
157-2, Washington Naval Yard, Washington, DC 20374-1572
N62688--GW
    Naval Station, Naval Base, Norfolk, VA 23511-6002
N62695
    Auditor General of the Navy, Naval Audit Services Headquarters, P.O. 
Box 1206, Falls Church, VA 22041
N62700 (MAJ00023)--4JJ
    Defense Printing Service Detachment Office, Northern Division, Bldg 
2A, Great Lakes, IL 60088-5708
N62703 (MAJ00023)--4JA
    Defense Printing Service Branch Office, Bldg 530, Puget Sound Naval 
Shipyard, Bremerton, WA 98314
N62705 (MAJ00023--4JN
    Defense Printing Service Detachment Office, Naval Supply Center, 
Oakland, CA 94625-5045
N62706--JS
    Defense Printing Service Branch Office, Western Division, Bldg. 154, 
San Diego, CA 92136-5148
N62707 (MAJ00023)--4JS-U
    Defense Printing Service Detachment Office, Western Area, Pearl 
Harbor, Box 126, Pearl Harbor, HI 96860-5120
N62735 (MAJ00070)--4LP
    Commander, Fleet Activities, (Sasebo, Japan), PSC 476, Box 1, FPO AP 
96322-1100
N62741--MB
    Commanding Officer, Navy Supply Corps School, Code 60, Athens, GA 
30606
N62742--KB
    Naval Facilities Engineering Command, Pacific Division, Pearl 
Harbor, HI 96860
N62745 (MAJ00025)--FZC-E
    Officer in Charge of Construction, Naval Facilities Engineering 
Command Contracts, Mediterranean (Madrid, Spain), APO AE 09642
N62755--J7
    Commanding Office, Navy Public Works Center, Pearl Harbor, HI 96860-
5470
N62757 (MAJ00072)--9TV-Y
    Naval Reserve Center, 7410 West Roosevelt Road, Forest Park, IL 
60130-2592
N62762 (MAJ00024)--EHU-W
    Navy Shipbuilding Liaison Office, Spain, Box 36, (Madrid, Spain), 
APO AE 09642
N62766--L1
    Officer in Charge of Construction, Naval Facilities Engineering 
Command Contracts (Guam), FPO AP 96540
N62786--ER
    Supervisor of Shipbuilding, Conversion and Repair, USN, 574 
Washington Street, Bath, ME 04530-0998
N62789--L8
    Supervisor of Shipbuilding, Conversion and Repair, USN, Groton, CT 
06340
N62791--NU
    Supervisor of Shipbuilding, Conversion and Repair, USN, Naval 
Station, Box 119, San Diego, CA 92136-5119
N62793--4T
    Supervisor of Shipbuilding, Conversion and Repair, USN, Newport 
News, VA 23607-2785
N62794--7D
    Supervisor of Shipbuilding, Conversion and Repair, USN, Flushing & 
Washington Avenues, Brooklyn, NY 11251-9000
N62795--7F
    Supervisor of Shipbuilding, Conversion and Repair, USN, Pascagoula, 
MS 39568-2210
N62798--4X
    Supervisor of Shipbuilding, Conversion and Repair, USN, San 
Francisco, CA 94124-2996
N62799--7M
    Supervisor of Shipbuilding, Conversion and Repair, USN, Seattle, WA 
98115-5001
N62802 (MAJ00012)--V8P
    Naval Audit Service Northeast Region, 5 Executive Campus, Suite 200, 
Cherry Hill, NJ 08002-4104
N62808 (MAJ00025)--FZ0
    Public Works Center, Subic Bay (Luzon, Republic of the Philippines), 
FPO AP 96451-2900
N62816 (MAJ00023)--L5A-C
    Defense Printing Service Det. Br. Office (Naples, Italy), Box 108, 
FPO AE 09619
N62832
    Naval Activities (Rota, Spain), FPO AE 09645
N62836--L4
    Officer in Charge of Construction, Naval Facilities Engineering 
Command Contracts, Far East, Yokosuka, Box 61, FPO AP 96349
N62841 (MAJ00030)--EKA
    Commanding Officer, Naval Ordnance Test Unit, Cape Canaveral, FL 
32920-1623
N62844--K0
    Naval Imaging Command, Washington Navy Yard, Washington, DC 20350-
2000
N62849 (MAJ00019)--EFC
    Naval Aviation Engineering Service Unit, Philadelphia, PA 19112-5088
N62852
    Naval Electronic System Security Engineering Center, Naval Security 
Station, 3801 Nebraska Avenue, NW., Washington, DC 20390
N62856 (MAJ00060)--LHW-X
    Naval Air Facility (Lajes Azores, Portugal), APO AE 09720-5000
N62863--K4
    Naval Station (Rota, Spain), FPO AE 09645
N62864--L2
    Officer in Charge of Construction, Naval Facilities Engineering 
Command Contracts, Southwest Pacific (Manila, Philippines), APO AP 96440
N62892 (MAJ00069)--8QA

[[Page 258]]

    Commanding Officer, Naval Security Group Activity, Site ``B'', Card 
Sound Road, Homestead, FL 33039-6428
N62894 (MAJ00070)--4LA
    Commander, U.S. Naval Forces Korea (Yongsan, South Korea), APO AP 
96205-0023
N62907--KG
    Naval Plant Representative Office, Applied Physics Laboratory, Johns 
Hopkins Road, Laurel, MD 20810
N62908--8D
    Naval Weapons Engineering Support Activity, Washington Navy Yard, 
Washington, DC 20374
N62911 (MAJ00022)--MQC
    Navy Recruiting Area One, Scotia, NY 12302-9462
N62913 (MAJ00022)--MLL
    Commander, Naval Recruiting Area Three, 451 College Street, P.O. Box 
4887, Macon, GA 31208-4887
N62915 (MAJ00022)--MQJ
    Navy Recruiting Area Five, Building 3, NTC, Great Lakes, IL 60088-
5135
N62917 (MAJ00022)--ML0-1
    Commander, Navy Recruiting Area Seven, 1499 Regal Row, Suite 501, 
Dallas, TX 75247
N62918 (MAJ00022)--MLA
    Naval Recruiting Area Eight, 7677 Oakport Street, Suite 650, Oakland 
CA 94621-1929
N62922--7W
    Resident Officer in Charge of Construction, Pacific, Department of 
the Navy, P.O. Box 418, San Bruno, CA 94067
N62954 (MAJ00022)--MQN
    Navy Recruiting District Cleveland, 17535 Rosbough Boulevard, 
Middleburgh Heights, OH 44130
N62974--JB
    Marine Corps Air Station, Yuma, AZ 85364
N62980 (MAJ00022)--MQR-Z
    Bureau of Naval Personnel, Washington, DC 20370-5000
N62990--L3
    Supervisor of Shipbuilding, Conversion and Repair, USN, P.O. Box 26, 
Sturgeon Bay, WI 54235
N62995--4H
    Naval Air Station, Sigonella (Italy), FPO AE 09627
N63005 (MAJ00011)--LBL-N
    Commanding Officer, Administrative Support Unit, Bahrain, FPO AE 
09834
N63007 (MAJ00060)--LHS
    Nuclear Weapons Training Group, Atlantic, Norfolk, VA 23511
N63015--7Y
    Naval Education and Training Support Center, Pacific, Fleet Station 
PO Bldg, San Diego, CA 92132
N63026 (MAJ00027)--MUJ
    Marine Corps Air Station (Futenma, Japan), FPO AP 96372-5001
N63028--U2
    Polaris Missile Facility Atlantic, Charleston, SC 29408
N63032--KS
    U.S. Naval Station, Keflavik (Iceland), FPO AE 09728
N63038--8M
    U.S. Naval Computer and Telecommunications Station, Cutler, East 
Machias, ME 04630
N63042--NZ
    Naval Air Station, Lemoore, CA 93245
N63043--3S
    Commanding Officer, Naval Air Station, Meridian, MS 39301
N63051 (MAJ0004)--LB8
    Commanding Officer, Naval Investigative Service, Southeast Region, 
Naval Base, Building NH 53, Charleston, SC 29408-6425
N63053
    Commanding Officer, Naval Investigative Service Regional Office, 
P.O. Box 6438, New Orleans, LA 70174
N63055 (MAJ00011)--LBJ
    Naval Investigative Service, Mid-Atlanta Region Norfolk, 293 
Independence Blvd, Suite 525, Pembroke 5, Virginia Beach, VA 23462
N63058 (MAJ00011)--LBC
    Naval Investigative Service, Northwest Region, P.O. Box 4247, Walnut 
Creek, CA 94596
N63073 (MAJ00069)--8Q6-8
    U.S. Naval Security Group Activity RAF (Edzell UK), FPO AE 09419
N63080--KT
    Navy Resale Activity, Chinhae (South Korea), FPO AP 96269
N63082
    Commanding Officer, Naval Technical Training Center, Corry Station 
(Code 4460), Pensacola, FL 32511
N63110
    Commanding Officer, Chief of Naval Air Training (Code N-73), Naval 
Air Station, Corpus Christi, TX 78419
N63111
    Commanding Officer, Chief of Naval Technical Training, Naval Air 
Station, Memphis, Millington, TN 38054
N63124 (MAJ00024)--U00-9
    Supervisor of Shipbuilding, Conversion and Repair, USN, New Orleans, 
LA 70146
N63134--7R
    Fleet Numerical Oceanography Center, Monterey, CA 93940
N63135 (MAJ00023)--4JD-E
    Defense Printing Service Management Office, Washington, DC 20374-
1762
N63136
    Navy Section, U.S. Military Group, Argentina (Buenos Aires), 
Department of State, Washington, DC 20521
N63143--8K
    Naval Computer and Telecommunications Station (Keflavik, Iceland), 
Box 22, FPO AE 09728
N63152--GZ

[[Page 259]]

    Fleet Combat Direction Systems Support Activity, San Diego, CA 
92147-5081
N63165--7U
    Navy Regional Data Automation Center, Washington, Washington Navy 
Yard, Washington, DC 20374
N63182--8T
    Naval Computer and Telecommunications Station (Rota, Spain), FPO AE 
09644
N63200 (MAJ00011)--LBB
    Commanding Officer, Naval Satellite Operations Center, Point Mugu, 
CA 93042-5013
N63204--KV
    Naval Plant Representative Office, Goodyear Aerospace Corp., Akron, 
OH 44305
N63209 (MAJ00062)--L9A
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
University of New Mexico, Albuquerque, NM 87106
N63210 (MAJ00062)--L9B
    Commanding Officer, Naval Reserve Officers Training Corps Unit, Iowa 
State University of Science and Technology, Ames, IA 50011-3010
N63211 (MAJ00062)--L9C
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
University of Michigan, Ann Arbor, MI 48109-1085
N63212 (MAJ00062)--L9G
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
University of Texas at Austin, Austin, TX 78712
N63213 (MAJ00062)--L9J
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
University of California, Berkeley, CA 94720-0001
N63214 (MAJ00062)--L9M
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
University of Colorado, Box 374, Boulder, CO 80309-0374
N63215 (MAJ00062)--L9U
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
Illinois Institute of Technology, 3300 S. Federal Street, Chicago, IL 
60616-3793
N63216 (MAJ00062)--L9W
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
University of Missouri, Columbia, MO 65201
N63217 (MAJ00062)--L9Z
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
Oregon State University, Corvallis, OR 97331
N63218 (MAJ00062)--ROB
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
Northwestern University, Evanston, IL 60201
N63219 (MAJ00062)--R0E, L99
    Commanding Officer, Naval Reserve Officers Training Corps Unit, Rice 
University, P.O. Box 1892, Houston, TX 77001
N63220 (MAJ00062)--R0L
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
UCLA, Mens Gym Room 123, 405 Milgard Avenue, Los Angeles, CA 90024-1399
N63221 (MAJ00062)--8AB
    Commanding Officer, Naval Reserve Officers Training Corps Unit, PED 
101, University Park MC 0654, University of Southern California, Los 
Angeles, CA 90089-0654
N63222 (MAJ00062)--R0H
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
University of Kansas, Lawrence, KS 66044
N63223 (MAJ00062)--R0K
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
University of Nebraska, Lincoln, NE 68508
N63224 (MAJ00062)--8AD
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
University of Wisconsin, 1610 University Avenue, Madison, WI 53705
N63225 (MAJ00062)--8AH
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
Marquette University, Milwaukee, WI 53233
N63226 (MAJ00062)--8AJ
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
University of Minnesota, Minneapolis, MN 55455-0108
N63227 (MAJ00062)--8AK
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
University of Idaho, Moscow, ID 83843-3244
N63228 (MAJ00062)--8AM
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
Tulane University, New Orleans, LA 70118
N63229 (MAJ00062)--8AN
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
University of Oklahoma, Norman, OK 73019
N63230 (MAJ00062)--8AR
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
University of Notre Dame, Notre Dame, IN 46556-5601
N63231 (MAJ00062)--8AW
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
University of Utah, Salt Lake City, UT 84112-1107
N63232 (MAJ00062)--8AY
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
University of Washington, Seattle, WA 98195
N63234 (MAJ00062)--J9Q
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 505 
East Armory Street, University of Illinois, Champaign, IL 61820-6288
N63235 (MAJ00062)--R05
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
Purdue University, West Lafayette, IN 47907-0001
N63273--4S
    Fleet Combat Direction Systems Support Activity, Dam Neck, Port 
Hueneme Division, Naval Surface Warfare Center, Virginia Beach, VA 23461
N63285 (MAJ00011)--LB0

[[Page 260]]

    Naval Security and Investigative Command, Washington, DC 20388
N63290 (MAJ00062)--R00-1
    Commanding Officer, Combat Systems Technical Schools Command, Mare 
Island, Vallejo, CA 94592
N63291 (MAJ00062)--R0F
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
Barton Hall, Cornell University, Ithaca, NY 14853
N63294 (MAJ00062)--8AV
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
University of Rochester, Rochester, NY 14627
N63295 (MAJ00062)--R0M
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
Rensselaer Polytechnic Institute, Troy, NY 12180-3590
N63296 (MAJ00062)--L9F
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
Auburn University, Auburn, AL 36830
N63299 (MAJ00062)--R0A
    Commanding Officer, Naval Reserve Officers Training Corps Unit, Duke 
University, Durham, NC 27706
N63301 (MAJ00062)--L9D
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
Georgia Tech, Atlanta, GA 30313
N63303 (MAJ00062)--R0U
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
College of the Holy Cross, Worcester, MA 01610-2389
N63306 (MAJ00062)--8AS
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
Miami University, Oxford, OH 45056-1698
N63307 (MAJ00062)--R0N
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
University of Mississippi, Box 69, University, MS 38677
N63308 (MAJ00062)--L9R
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
University of North Carolina, Chapel Hill, NC 27515
N63309 (MAJ00062)--L9Y
    Commanding Officer, Naval Reserve Officers Training Corps Unit, The 
Ohio State University, Columbus, OH 43210-1169
N63310 (MAJ00062)--R0P
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
Wagner Bldg., The Pennsylvania State University, University Park, PA 
16802
N63311 (MAJ00062)--8AT
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
University of Pennsylvania, Philadelphia, PA 19104
N63313 (MAJ00062)--L9X
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
University of South Carolina, Columbia, SC 29208
N63315 (MAJ00062)--8AL
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
Vanderbilt University (Westside Hall), Nashville, TN 37240
N63316 (MAJ00062)--R0R
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
Villanova University, Villanova, PA 19085-1699
N63317 (MAJ00062)--L9T
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
Maury Hall, University of Virginia, Charlottesville, VA 22903-3194
N63325--7X
    Naval Education & Training Support Center, Atlantic, Bldg. Z-86, 
Naval Station, Norfolk, VA 23511
N63339--LL
    Navy Exchange, Naval Air Station, Adak (Alaska), FPO AP 96506
N63340--LM
    Navy Exchange, Newfoundland (Argentia, Canada), FPO AE 09730
N63341--LN
    Navy Exchange Det., Naval Air Station, Chase Field, Beeville, TX 
78102
N63344--LR
    Navy Commissary Store Region, Charleston, SC 29408
N63345--LS
    Navy Exchange, Naval Station, Guantanamo Bay (Cuba), FPO AE 09731
N63346--LT
    Navy Resale Activity, Commissary Support Office, Naval Station, 
Keflavik (Iceland), FPO AE 09728
N63348--LV
    Navy Exchange Det., Naval Air Station, Kingsville, TX 78364
N63349--LW
    Navy Exchange, Naval Air Station, Lemoore, CA 93246
N63350--3L
    Navy Exchange (Dunstable, UK), FPO AE 09499
N63351--LY
    Navy Commissary Store Region, Naval Station, Long Beach, CA 90802
N63352--KE
    Navy Exchange Det., Naval Air Station, Meridian, MS 39301
N63353--MA
    Officer in Charge, Navy Resale Activity, Commissary Support Office, 
Naval Support Activity, Naples (Italy), FPO AE 09619
N63357--ME
    Navy Exchange, Naval Station, Rota (Spain), FPO AE 09645
N63362--MK
    Officer in Charge, Navy Resale Activity, Commissary Support Office, 
Naval Station (Subic Bay, Philippines), P.O. Box 28, FPO AP 96451
N63365--MN
    Navy Resale Activity, Commissary Support Office (Yokosuka, Japan), 
Box 33, FPO AP 96349
N63367--MP

[[Page 261]]

    Officer in Charge, Commissary OPS Div., Navy Resale and Services 
Support Office, Field Support Office, Norfolk, VA 23511
N63369
    Military Sealift Command Office, Benelux (Rotterdam, Netherlands), 
APO AE 09715
N63381 (MAJ00011)--LBA
    Joint U.S. Military Advisory Group, Thailand (Bangkok, Thailand), 
APO AP 96546
N63387--JD
    Navy Public Works Center, Naval Base, San Diego, CA 92136
N63394--L6
    Naval Surface Warfare Center, Port Hueneme Division, Port Hueneme, 
CA 93043
N63395--8L
    U.S. Naval Communication Station Thurso (Caithness, UK), FPO AE 
09418
N63402--K7
    Commanding Officer, Strategic Weapons Facility, Pacific, Bremerton, 
WA 98383
N63406 (MAJ00070)--V5C
    Naval Submarine Base San Diego, 140 Sylvester Road, San Diego, CA 
92106-3521
N63408--HV
    Navy Material Transportation Office, Norfolk, VA 23511-6691
N63410--KA
    Navy Manpower and Material Analysis Center, Atlantic, Norfolk, VA 
23511
N63427--8F
    U.S. Naval Communication Station, Harold E. Holt, Exmouth, Western 
Australia, FPO AP 96550
N63429--MH
    Naval Computer and Telecommunications Station London (UK), FPO AE 
09499
N63439--K9
    Naval Ophthalmic Support and Training Activity, Yorktown, VA 23690
N63543 (MAJ00072)--9TC
    Naval Reserve Center, 3070 Ross Lane, Central Point, OR 97502-1399
N63821 (MAJ00039)--NSA-B
    Officer in Charge, Naval Underwater Systems Center, AUTEC Andros 
Range Detachment (Andros Island, Bahama Islands), FPO AA 34058
N63886 (MAJ00069)--8Q0-1
    Naval Security Group Activity (Adak, AK), FPO AP 96505
N63891 (MAJ00069)--8QG
    Naval Security Group, Northwest, Chesapeake, VA 23322
N64165 (MAJ00062)--R0Z
    Naval Unit, Lowry Air Force Base, CO 80230
N64181 (MAJ00062)--R0W
    Department of Naval Science, Texas Maritime Academy, Galveston, TX 
77553-1675
N64267--M9
    Naval Warfare Assessment Center, Corona Annex, Corona, CA 91720
N64281--3U, KX
    Commanding Officer, Naval Sea Combat Systems Engineering Station, 
Naval Station, Norfolk, VA 23511
N64356--KF
    Commanding Officer, Naval Administrative Command, Armed Forces Staff 
College, Norfolk, VA 23511-6097
N64980 (MAJ00061)--NLA-C
    Officer in Charge, Naval Weapons Facility, Detachment Machrihanish 
(UK), FPO AE 09422
N64981 (MAJ00061)--NL5-7
    Commanding Officer, Naval Weapons Facility, (St. Mawgan, UK), FPO AE 
09415
N65113--EZ
    Navy Public Works Center, Bldg 1A, Great Lakes, IL 60088-5600
N65114 (MAJ00025)--EJC
    Commanding Officer, Navy Public Works Center, Naval Air Station, 
Pensacola, FL 32508-6500
N65115 (MAJ00025)--FZA
    Navy Public Works Center, Box 13 (Yokosuka, Japan), FPO AP 96349-
3100
N65116--MZ
    Officer in Charge, Navy-Marine Corps Appellate Review Activity, 
Office of the Judge Advocate General, Washington Navy Yard, Washington, 
DC 20374-2001
N65146--7E
    Procurement Branch, OP-09B31, Office of the Chief of Naval 
Operations Support Activity, Washington, DC 20350
N65198--3H
    Naval Administrative Unit, 550 First Street, Idaho Falls, ID 83401
N65236--V7
    Naval Electronic Systems Engineering Center, 4600 Goer Road, North 
Charleston, SC 29406
N65256 (MAJ00012)--V8C
    Navy Office of Information, East, 133 East 58th Street, 1st Floor, 
New York, NY 10022
N65428 (MAJ00018)--MDP
    Commanding Officer, Naval Hospital (Roosevelt Roads, PR), FPO AA 
34051-8100
N65440--4V
    Officer in Charge, Navy Exchange, NAVCOMMSTA Harold E. Holt, 
(Exmouth, Australia), FPO AP 96550
N65491 (MAJ00018)--J5P
    Naval Hospital, (Subic Bay, Philippines), FPO AP 96452-1600
N65492 (MAJ00018)--MCA
    Commanding Officer, Naval Hospital, Fiscal & Supply Service, Code 
32C, Orlando, FL 32813-5200
N65497--4U
    Commissary OPS Division, NAVRESSO, Field Support Office, 2801 ``C'' 
Street, SW, Auburn, WA 98001
N65538 (MAJ00024)--U0D
    Naval Sea Logistics Center, 5450 Carlisle Pike, P.O. Box 2060, 
Mechanicsburg, PA 17055-0795
N65540 (MAJ00024)--EHP-S

[[Page 262]]

    Naval Ship System Engineering Station, Carderock Division, Naval 
Surface Warfare Center Naval Base, Philadelphia, PA 19112-5083
N65575 (MAJ00018)--MCY
    Naval Medical Clinic, Seattle, WA 98115
N65576
    Navy Space Systems Activity, P.O. Box 92960, Worldway Postal Center, 
Los Angeles, CA 90009
N65580--M2
    Naval Electronic Systems Engineering Center, P.O. Box 55, 
Portsmouth, VA 23705
N65849 (MAJ00012)--HXY-Z
    Office of Civilian Personnel Management, Southwest Region, San 
Diego, CA 92188
N65870--M4
    Supervisor of Shipbuilding, Conversion and Repair, USN, Long Beach 
Naval Shipyard, Long Beach, CA 90822
N65886
    Commanding Officer, Aviation Depot, Naval Air Station, Jacksonville, 
FL 32212
N65888--ED
    Aviation Depot, North Island, San Diego, CA 92135
N65889
    Commanding Officer, Aviation Depot, Naval Air Station, Code 56000, 
Pensacola, FL 32508
N65912--GP
    Commanding Officer, Naval Sea Support Center, Atlantic, St. Juliens 
Creek Annex, Portsmouth, VA 23702
N65913--7L
    Naval Sea Support Center, Pacific, San Diego, CA 92138
N65918--FT
    Shore Intermediate Maintenance Activity, Naval Station, San Diego, 
CA 92136-5000
N65926 (MAJ00039)--NSA-B
    Officer in Charge, Naval Underwater Systems Center Detachment, AUTEC 
West Palm Beach, West Palm Beach, FL 33402
N65928 (MAJ00062)--N3
    Naval Training Center, Orlando, FL 32813
N65980 (MAJ00039)--NSL-N
    Naval Electronic Systems Engineering Activity, St. Inigoes, MD 20684
N65995--KM
    Officer in Charge, Naval Support Activity, (Holy Loch, UK), FPO AE 
09416
N66001--7N
    Naval Command Control and Ocean Surveillance Center, RDT&E Division, 
San Diego, CA 92152-5000
N66021--7G
    Naval Air Pacific Repair Activity, (Atsugi, Japan), FPO AP 96306
N66022 (MAJ00018)--MDW
    Naval Dental Center, San Diego, CA 92136-5147
N66074 (MAJ00062)--8AU
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
Prairie View A&M University, Prairie View, TX 77445
N66094 (MAJ00018)--QAA-B
    Naval Hospital, Cherry Point, NC 28533-5008
N66095 (MAJ00018)--J5E
    Naval Hospital, NAS, Lemoore, CA 93246
N66096 (MAJ00018)--QAJ
    Naval Hospital Naples, Box 19 (Naples, Italy), FPO AE 90619
N66097 (MAJ00018)--MDE
    Naval Hospital, Oak Harbor, WA 98278-8800
N66101 (MAJ00018)--J5B-D
    U.S. Naval Hospital ROTA, PSC 819, Box 18, FPO AE 09645-2500
N66125 (MAJ00070)--V5J
    Naval Facility (Guam), FPO AP 96540-2903
N66231 (MAJ00072)--9TS
    Naval Reserve Readiness Center, Bldg 2711, Naval Training Center, 
Great lakes, IL 60088-5707
N66398 (MAJ00022)--ML6-7
    Navy Motion Picture Service, Flushing & Washington Avenues, 
Brooklyn, NY 11251-8400
N66458 (MAJ00065)--S0C
    Naval Oceanography Command Facility, NAS, Brunswick ME 04011-5000
N66540 (MAJ00022)--NVZ
    Morale, Welfare and Recreation Division, Bureau of Naval Personnel, 
Washington, DC 20370-5000
N66604--N4
    Naval Undersea Warfare Center, Division Newport, Newport, RI 02840
N66612 (MAJ00062)--L95
    Commanding Officer, Naval Reserve Officers Training, Corps Unit, The 
Citadel, Charleston, SC 29409-0770
N66630 (MAJ00072)--LCS
    Naval Air Reserve, Naval Air Station, Point Mugu, CA 93042-5018
N66691--4P
    Commanding Officer, Naval Support Activity, (Souda Bay, Crete, 
Greece), FPO AE 09865
N66715--VJ
    Commander, Navy Recruiting Command, Washington, DC 22203-1191
N66753 (MAJ00062)--R0G
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
Jacksonville University, Jacksonville, FL 32211
N66754 (MAJ00069)--8QX
    Commanding Officer, Naval Security Group Activity, (Sabana Seca, 
PR), FPO AA 34053
N66809 (MAJ00062)--R0V
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
Savannah State College, Savannah, GA 31404
N66810 (MAJ00062)--L9H
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
Southern University and A&M College, Baton Rouge, LA 70813
N66833 (MAJ00060)--LHL

[[Page 263]]

    Commanding Officer, U.S. Naval Station Panama (Rodman, Canal Zone), 
FPO AA 34061-1000
N66863 (MAJ00018)--MCU-X
    Commanding Officer, Naval Biodynamics Laboratory, 13800 Old Gentilly 
Road, Michout Assembly Facility, New Orleans, LA 70189
N66890--LJ
    Naval Station, Mare Island, Supply and Fiscal Code 90, Bldg 851, 
Vallejo, CA 94592
N66898 (MAJ00018)--QAF
    Commanding Officer, Naval Medical Clinic, New Orleans, LA 70142
N66957
    Defense Printing Service Det. Office, Bldg. 2049, NTC, Orlando, FL 
32813
N66959 (MAJ00023)--4JR
    Defense Printing Service Det. Office, P.O. Box 3, NAS, Jacksonville, 
FL 32212
N66965 (MAJ00023)--4JQ
    Defense Printing Service Det. Office, Point Mugu, CA 93042-5027
N66972 (MAJ00022)--MQ2
    Commanding Officer, Navy Recruiting District, 8525 N.W. 53red 
Terrace, Suite 201, Miami, FL 33166
N67596 (MAJ00022)--NVD
    Commanding Officer, Navy Recruiting District, 10500 N. U.S. Highway 
281, Suite 108, San Antonio, TX 78216-3630
N68011
    Commanding Officer, Navy Recruiting District, 8 North Third Street, 
Sterick Bldg., Memphis, TN 38103
N68047 (MAJ00070)--4L0
    Naval Regional Contracting Center, (Singapore), FPO AP 96534-2100
N68056--JE
    Naval Medical Command Southwest Region, San Diego, CA 92134
N68057--VZ
    Commanding Officer, Naval Regional Data Automation Center, Code 212, 
Norfolk, VA 23511
N68064 (MAJ00062)--R0D
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
University of Florida, Van Fleet Hall, Room 26, Gainesville, FL 32601
N68072 (MAJ00062)--L9V
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
Texas A&M University, College Station, TX 77843
N68073 (MAJ00063)--NTU
    Naval Computer and Telecommunications Station Diego Garcia, (British 
Indian Ocean Territory), FPO AP 96464-0008
N68084 (MAJ00081)--MDJ-M
    Commanding Officer (Code 206), Naval Hospital, Charleston, SC 29408-
6900
N68086--7S
    Naval Hospital, Newport, RI 02841
N68088 (MAJ00061)--NLL-N
    National Support Unit Headquarters, Commander-in-Chief Iberian 
Atlantic Area, (Lisbon, Portugal), APO AE 09726-0001
N68090 (MAJ00018)--MD0-9
    Naval Hospital, Long Beach, CA 90822-5199.
N68092
    Naval Medical Command Northeast Region, Great Lakes, IL 60088
N68093 (MAJ00018)--MCG-H
    Naval Hospital, Camp LeJeune, NC 28542-5008
N68094--V9
    Naval Hospital, Camp Pendleton, CA 92055-5008
N68095--JF
    Naval Hospital, Boone Road, Bremerton, WA 98312-1898
N68096 (MAJ00018)--J50
    Commanding Officer, Naval Hospital (Guam), FPO AP 96540-1600
N68097
    Naval Medical Command Northwest Region, Oakland, Ca 94627
N68098 (MAJ00018)--QAL-M
    Naval Medical Clinic, Box 121 Code 01.3, Pearl Harbor, HI 96860-5080
N68101 (MAJ00018)--MDT-V
    Naval Medical Clinic 17th Street and Pattison Avenue, Philadelphia, 
PA 19145-5199
N68139 (MAJ00062)--8AZ
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
Florida A&M University, Tallahassee, FL 32307
N68141 (MAJ00062)--L9P--
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
Maine Maritime Academy, Castine, ME 04421-0902
N68142--NK
    Naval Computer & Telecommunications Station, Naval Air Station, 
Pensacola, FL 32508-6100
N68165 (MAJ00060)--J06-8
    Naval Facility, (Brawdy, Wales, UK), FPO AE 09420
N68166 (MAJ00015)--L01-2k
    Naval Technical Intelligence Center, 4301 Suitland Road, Washington, 
DC 20390
N68171--M3
    Commanding Officer, Naval Regional Contracting Center, (Naples, 
Italy), PSC 810, Box 50, FPO AE 09619-3700
N68175 (MAJ00022)--MQA
    Navy Recruiting District New Jersey, Parkway Towers, Building A, 485 
US Route 1, So., Iselin, NJ 08830-3012
N68199
    Commanding Officer, Navy Office of Information, Southeast, 1459 
Peachtree Street, NE--Suite 300, Atlanta, GA 30309
N68200--VM
    Dirctor, Navy Office of Information, Southwest, 1114 Commerce 
Street, Suite 811, Dallas, TX 75242
N68221--7J

[[Page 264]]

    Commanding Officer, Navy Personnel Research and Development Center, 
San Diego, CA 92152
N68246 (MAJ00070)--4LL-N
    Officer in Charge, U.S. Naval Supply Depot Yokosuka Det., (Sasebo, 
Japan), FPO AP 96322-1500
N68248--V6
    Officer in Charge of Construction, Naval Facilities Engineering 
Command Contracts, Naval Submarine Base, Kings Bay, GA 31547
R68251 (MAJ00070)--LPC
    Shore Intermediate Maintenance Activity, Box 141, Pearl Harbor, HI 
96860
N68292 (MAJ00018)--J5A
    Naval Hospital (Yokosuka, Japan), FPO AP 96350-1615
N68297--ET
    Naval Magazine, Laualualie, Oahu HI 96792-4301
N68303 (MAJ00062)--R0C
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
State University of New York, Maritime College, Fort Schuyler, Bronx, NY 
10465-4198
N68306 (MAJ00072)--9TF
    Commander, Naval Reserve Readiness Command, Region Six, WNY Bldg 
200, Washington, DC 203774-2003
N68307 (MAJ00072)--LCJ
    Commander, Code 431, Naval Reserve Readiness Command Region Ten, New 
Orleans, LA 70142
N68308 (MAJ00072)--9TQ
    Naval Reserve Readiness Command, Region 20, Bldg 1, NAVSTA Treasure 
Island, San Francisco, CA 94130-5032
N68311--JL
    Naval Station, Long Beach, CA 90822
N68317 (MAJ00062)--R03
    Naval Administrative Unit, 1 Amsterdam Road, Scotia NY 12302-9460
N68322--7Z
    Naval Education & Training Program Management Support Activity, Code 
SU1, Saufley Field, Pensacola, FL 32509
N68323 (MAJ00011)--LBC
    Naval Legal Service Office, 200 Stovall Street, Alexandria, VA 
22332-2400
N68326 (MAJ00018)--MDA
    Naval Dental Center, 2707 Sheridan Road, Bldg 73, Great Lakes, IL 
60088-5258
N68327 (MAJ00022)--ML8
    Commanding Officer, Naval Reserve Personnel Center, New Orleans, LA 
70149-7800
N68328 (MAJ00072)--9TJ
    Naval Reserve Readiness Command, Region 22, Bldg 9, Naval Station, 
Seattle, WA 98115-5009
N68329 (MAJ00072)--LCL
    Naval Reserve Readiness Command, Region Five, Bldg. 1033, USAAP, 
Ravenna, OH 44266-9211
N68330 (MAJ00072)--9TN
    Naval Reserve Readiness Command, Region 13, Bldg 1, Code 712, NTC, 
Great Lakes, IL 60088-5026
N68331 (MAJ00072)--LCE-F
    Naval Reserve Readiness Command, Region Four, Bldg. 662, Naval Base, 
Philadelphia, PA 19112
N68332 (MAJ00072)--9T0-1
    Commander, Naval Reserve Readiness Command, Region 18, 301 Navy 
Drive, Industrial Airport, KS 66031-0031
N68335-4Y
    Commanding Officer, Naval Air Warfare Center, Aircraft Division 
Lakehurst, Supply Dept., Purchase Division, Lakehurst, NJ 08733
N68348 (MAJ00072)--9TG
    Commander, Naval Reserve Readiness Command, Region Nine, NAS Memphis 
(76), Bldg E-35, Millington, TN 38054
N68349
    Commander, Naval Reserve Readiness Command, Region 16, Bldg. 715, 
Minneapolis-St. Paul IAP, Minneapolis, MN 55450-2996
N68350 (MAJ00072)--LCH
    Naval Reserve Readiness Command, Region 19, 960 North Harbor Drive, 
San Diego, CA 92132-5108
N68351 (MAJ00072)--LCQ
    Naval Reserve Readiness Command, Region One, Newport, RI 02840-5016
N68355 (MAJ00062)--R0J
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
Virginia Military Institute, Lexington, VA 24450-2697
N68356 (MAJ00072)--9TD
    Commander, Naval Reserve Readiness Command, Region Seven, Naval 
Base, Charleston, SC 29408
N68357 (MAJ00072)--9TL
    Commander, Naval Reserve Readiness Command, Region Two, Scotia, NY 
12302-9465
N68358 (MAJ00072)--9TA
    Commander, Naval Reserve Readiness Command, Region Eight, Naval Air 
Station, Jacksonville, FL 32212
N68359 (MAJ00072)--9TB
    Commander, Naval Reserve Readiness Command, Region Eleven, Bldg 11, 
Naval Air Station, Dallas, TX 75211
N68378--KQ
    Navy Public Works Center, San Francisco Bay, Oakland, CA 94623
N68389 (MAJ00011)--LB4
    Commander, Joint Intelligence Center, Pacific/DSL, P.O. Box 500, 
Bldg 352, Makalapa Drive, Pearl Harbor, HI 96860-7450
N68391 (MAJ00022)--MLB
    Navy Recruiting District, Harrisburg, 310 North Second Street, 
Harrisburg, PA 17101-1304
N68401 (MAJ00022)--MLJ

[[Page 265]]

    Navy Recruiting District, San Diego, Naval Training Center, Building 
335, San Diego, CA 92133-6800
N68402 (MAJ00012)--V8E
    Navy Office of Information, New England Branch, 408 Atlantic Avenue, 
Boston, MA 02210-2203
N68409 (MAJ00018)--QAU
    Naval Dental Center, San Francisco, CA 94130-5030
N68436--KC, J6
    Naval Submarine Base, Bangor, Code 863, Bremerton, WA 98315
N68441
    Commanding Officer, Naval Dental Clinic, Naval Air Station, 
Pensacola, FL 32508
N68443--7T
    Commanding Officer, Naval Dental Clinic, Bremerton, WA 98314
N68451--MF
    Navy Regional Data Automation Center San Francisco, Naval Air 
Station, Alamenda, CA 94501
N68470 (MAJ00018)--J5J-M
    Naval Hospital, (Okinawa, Japan), FPO AP 96362
N68482 (MAJ00022)
    Department of the Navy, BUPERS Det DAPMAL, Bldg 11, Naval Training 
Center, 32110 Perry Road, Suite 110, San Diego, CA 92133-1521
N68497
    Commanding Officer, Code 40, Naval Administrative Command, Naval 
Training Station, Orlando, FL 32813
N68499--LX
    Director, Naval Council of Personnel Boards, Ballston Center Tower 
#2, 801 North Randolph Street, Arlington, VA 2203-1989
N68518
    Commanding Officer, Naval Reserve Financial Information Processing 
Center, Code S43, 4400 Dauphine Street, New Orleans, LA 70146
N68520--7P
    Aviation Depot Operations Center, Naval Air Station, Patuxent River, 
MD 20670
N68527 (MAJ00072)--9TT
    Naval & MC Reserve Readiness Center, Armed Forces Reserve Center, 
Floyd Bennett Field, Brooklyn, NY 11234-7097
N68546--QG
    Navy Environmental Health Center, Naval Station, Norfolk, VA 23511
N68547 (MAJ00060)--LHQ
    Personnel Support Activity, Naval Station, Norfolk, VA 23511-5115
N68560--QM
    Naval Computer & Telecommunications Station, Jacksonville, FL 32212-
0111
N68561 (MAJ00039)--NSE
    Navy Management Systems Support Office, 1441 Crossways Blvd., 
Chesapeake, VA 23320-2843
N68573 (MAJ00023)--4JM
    Navy Exchange Service Center, NAVABASE, Norfolk, Bldg CD-1, 9222 
Hamption Blvd, Norfolk, VA 23511-6390
N68593 (MAJ00060)--LHE
    Naval Ocean Processing Facility, Dam Neck, VA 23461-5450
N68608 (MAJ00011)--LBP-Y
    Naval Computer Telecommunications Station, 4400 Dauphine Street, New 
Orleans, LA 70145-7700
N68610--GF
    Officer in Charge, Fleet Hospital Support Office, 620 Central Ave., 
Bldg #5, Alameda, CA 94501-3874
N68636 (MAJ00024)--EHJ-K
    Naval Sea Systems Command, Automated Data Systems Activity, P.O. Box 
100, Indian Head, MD 20640-0100
N68689 (MAJ00024)--U0F
    Human Resources Office, Crystal City, Washington, DC 20376
N68691--JW
    Naval Plant Representative Office, (Melbourne, Australia), APO AP 
96551
N68692 (MAJ00062)--8AX
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
University of San Diego/San Diego State University, Alcala Park, San 
Diego, CA 92110-2496
N68695 (MAJ00060)--LHG
    Shore Intermediate Maintenance Activity, Naval Reserve Maintenance 
Facility, Bldg. 133, Naval Base, Philadelphia, PA 19112-5066
N68699 (MAJ00062)--8AP
    Commanding Officer, Naval Reserve Officers Training Corps Unit, Old 
Dominion University/Hampton Institute, Norfolk State University, 5215 
Hampton Blvd., Norfolk, VA 23508-8556
N68707 (MAJ00072)--9TU
    Naval Reserve Maintenance Training Facility, Puget Sound Naval 
Shipyard, Bremerton, WA 98314-5270
N68709 (MAJ00060)--J0C
    Naval Air Station, Mayport, FL 32228
N68710 (MAJ00062)--L9K
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
Virginia Polytechnic Institute and State University, Blacksburg, VA 
24061-2306
N68717 (MAJ00062)--L9L
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
Boston University, 116 Bay State Road, Boston, MA 02215
N68725 (MAJ00062)--R0Q
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
University of Arizona, Tucson, AZ 85721
N68726 (MAJ00062)--R0T
    Commanding Officer, Naval Reserve Officers Training Corps Unit, The 
George Washington University, Washington, DC 20052
N68727 (MAJ00062)--8AF

[[Page 266]]

    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
Memphis State University, Memphis, TN 38152-0001
N68728 (MAJ00062)--8AQ
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
Norwich University, Northfield, VT 05663-1097
N68733 (MAJ00030)--EKC
    Strategic Weapons Facility, Atlantic, Kings Bay, GA 31547-6600
N68742 (MAJ00070)--LPA
    Naval Base, Seattle, WA 98115-5012
N68753 (MAJ00070)--V5L
    Naval Air Pacific Repair Activity Det., Singapore, SAE Singapore, 
FPO AP 96536-2700
N68829 (MAJ00060)--J0J
    Shore Intermediate Maintenance Activity (NRMF), Pier 2, Bldg. 68 
NETC, Newport RI 02841-5001
N68831 (MAJ00070)--LPG
    Shore Intermediate Maintenance Activity San Francisco, Bldg. 162, 
NAS, Alameda, CA 94501-5065
N68836--J9
    Commanding Officer, Naval Supply Center, Jacksonville, FL 32212
N68857 (MAJ00062)--8AC
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
Texas Tech University, Lubbock, TX 79409-4559
N68860--KR
    Naval Supply Center--Pensacola, Pensacola, FL 32508-6200
N68875 (MAJ00018)--QAP-S
    Naval Hospital (Keflavik, Iceland), PSC 1003, Box 8, FPO AE 09728-
0308
N68877 (MAJ00062)--R0Y
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
Carnegie Mellon University, Pittsburgh, PA 15213
N68881 (MAJ00062)--L9E
    Commanding Officer, Naval Reserve Officers Training Corps Unit, 
Morehouse College, Atlanta, GA 30314
N68891 (MAJ00060)--LH5
    Naval Station, Ingleside, TX 78362-5000
N68899 (MAJ00072)--LCW
    Naval Reserve Intelligence Command, Bldg. 11, Naval Air Station, 
Dallas, TX 75211-9541
N68925--8J
    Navy Public Works Center, Building 175, Washington Navy Yard, 901 M 
Street, SE, Washington, DC 20374-5041
N68939 (MAJ00012)--V8R
    Naval Information Systems Management Center, Washington Navy Yard, 
Bldg 176-4, Washington, DC 20374-5070
N68944--4F, 4W, EW, 3E, KU, 3B
    Naval Command, Control and Ocean Surveillance Center, ISE West Coast 
Division (NISE West), San Diego, CA 92186-5137
N70092, (MAJ00069)--8QJ-K, Q-R
    Naval Security Station, 3801 Nebraska Avenue, NW, Washington, DC 
20390-8230
N70240--M6
    Commanding Officer, Naval Computer and Telecommunications Station, 
Naval Air Station, 937 N. Harbor Drive, San Diego, CA 92132
N70272--8G, ND, LQ
    Naval Computer and Telecommunications Area, Master Station Atlantic, 
Norfolk, VA 23511-6898
N70273--V3
    Naval Radio Station, Jim Creek, Oso, WA 98223
N70278--V4
    Naval Computer and Telecommunications Station, (Yokosuka, Japan), 
Box 3, FPO AP 96349
N70283 (MAJ00069)--8QE
    Commanding Officer, Code 30, Naval Security Group Activity, (Galeta 
Island, Canal Zone), FPO AA 34060-9998
N70294--8H
    U.S. Naval Computer and Telecommunications Area, Master Station MED, 
(Naples, Italy), FPO AE 09620
N70310--N2
    Naval Radio Station R, Sugar Grove, WV 26815.



PART 4--MARINE CORPS ACTIVITY ADDRESS NUMBERS--Table of Contents




M00027--MS*, MU*, MS0-9
    Headquarters, U.S. Marine Corps, Washington, DC 20380
M00146--MT
    Marine Corps Air Station, Cherry Point, NC 28533
M00243--NE
    Marine Corps Recruit Depot, San Diego, CA 92140
M00263--MX
    Marine Corps Recruit Depot, Parris Island, SC 29905
M00264 (MAJ00027)--MUT
    Marine Corps Combat Development Command, Marine Corps Air Facility, 
Quantico, VA 22134-5001
M00318
    Marine Corps Air Station, Kaneohe Bay, Oahu, HI 96744
M00681--NG
    Marine Corps Base, Camp Pendleton, Oceanside, CA 92054
M60050--MV
    Marine Corps Air Station, El Toro, Santa Ana, CA 92709
M62204--MW
    Marine Corps Logistics Base, Barstow, CA 92311
M62974--NA
    Marine Corps Air Station, Yuma, AZ 85364
M67001--NB

[[Page 267]]

    Marine Corps Base, Camp Lejeune, NC 28542
M67004--NC
    Marine Corps Logistics Base, Albany, GA 31704
M67011 (MAJ00027)--MSA
    Director, 1st Marine Corps District, Garden City, Long Island, NY 
11530
M67013 (MAJ00027)--MSC
    Director, 4th Marine Corps District, Philadelphia, PA 19112-5072
M67015 (MAJ00027)--MSE
    Director, 6th Marine Corps District, Atlanta, GA 30303
M67016 (MAJ00027)--MSG
    Director, 8th Marine Corps District, New Orleans, LA 70113
M67017 (MAJ00027)--MSJ
    Director, 9th Marine Corps District, Shawnee Mission, KA 66204
M67019 (MAJ00027)--MSL
    Director, 12th Marine Corps District, San Francisco, CA 94130
M67021 (MAJ00027)--MUC
    Marine Aircraft Wing 4, New Orleans, 4400 Dauphine Street, New 
Orleans, LA 70146-9125
M67025
    Headquarters, Fleet Marine Force, Pacific, Pearl Harbor, HI 96860
M67029 (MAJ00027)--MSN
    Marine Barracks, Washington, DC 20003
M67030 (MAJ00027)--MUP
    Marine Corps Security Force Battalion Pacific NAVSTA Mare Island 
Vallejo, CA 94592-5022
M67290 (MAJ00027)--MSY
    Marine Aviation Training Support Group-90, NATTC, NAS Memphis, 
Millington, TN 38054-5123
M67351
    Marine Corps Security Force Company (London, UK) APO AE 09499
M67353 (MAJ00027)--MSQ
    Headquarters Battalion, Marine Corps, Henderson Hall, Arlington, VA 
22214
M67354
    Post Supply Officer, Headquarters Marine Corps, Navy Annex, 
Arlington, VA 20380
M67355 (MAJ00027)--MUN
    Landing Force Training Command Atlantic Naval Surface Force, U.S. 
Atlantic Fleet, Naval Amphibious Base, Little Creek, Norfolk, VA 23521-
2350
M67385 (MAJ00027)--MU0-1
    Camp H.M. Smith, U.S. Marine Corps, Halawa Heights, Oahu, Hawaii 
96861
M67391--KY
    Marine Corps Camp Det. (Camp Elmore), Norfolk, VA 23511
M67399--NF
    Marine Corps Air-Ground Combat Center, Twentynine Palms, CA 92278
M67400--QJ
    Marine Corps Procurement Office, Okinawa, Marine Corps Base, Camp 
Smedley D. Butler (Ryuku Island, Southern), FPO AP 96373
M67428--JA
    Marine Corps Air Bases Western Area, MCAS El Toro, Santa Ana, CA 
92709
M67443--LG
    Defense Finance and Accounting Service, Kansas City Center, Kansas 
City, MO 64197
M67840 (MAJ00027)--MUV
    USMC, Marine Corps Detachment, 1420 Hughes Avenue, Lackland Training 
Center, Lackland AF Base, TX 78236-5411
M67842--K6
    East Coast Commissary Complex, Marine Corps Base, Camp LeJeune, NC 
28542
M67853 (MAJ00027)--MUR
    Marine Corps Security Force Battalion Atlantic, Naval Base, Norfolk, 
VA 23511-5697
M67854 (MAJ00027)--MU6-9
    Marine Corps Systems Command, 2033 Barnett Ave, Suite 315, Quantico, 
VA 22134-5010
M68479 (MAJ00027)--MSU
    4th Marine Division (Rein), FMF, USMCR, 4400, Dauphine Street, New 
Orleans, LA 70146-5400
M68522 (MAJ00027)--MSW
    Marine Corps Reserve Support Center, Purchasing Department, 16950 El 
Monte, Overland Park, KS 66211-1408



PART 5--AIR FORCE ACTIVITY ADDRESS NUMBERS--Table of Contents




F01600
5A
    42 CONS/CC, 50 Lemay Plaza S, Bldg 804, Maxwell AFB, AL 36112-6334
F01620
6K
    SSC/PK, 375 Libby Street, MAFB-Gunter Annex, AL 36114-6343
F02601
5C
    355 CONS/CC, 3180 S. Craycroft Road, Davis-Monthan AFB, AZ 85707-
3522
F02604
5D
    56 CONS/CC, 14100 West Eagle St, Luke AFB, AZ 85309-1217
F03602
5F
    314 CONS/CC, 642 Thomas Avenue, Little Rock AFB, AR 72099-5019
F04604
5G
    93 CONS/CC, F St Bldg 708, Castle AFB, CA 95340-5320
F04605
5H
    722 CONS, 1485 Graeber St, Ste 21, March AFB, CA 92518-1729
F04606
SM

[[Page 268]]

    SM-ALC/PK, Bldg 200, 3237 Peacekeeper Way, Ste 17, McClellan AFB, CA 
95652-1060
F04611
QQ
    AFFTC/PK, Bldg 2800, 5 S Wolfe Ave, Edwards AFB, CA 93524-1185
F04626
5M
    60 CONS/LGC, 350 Hangar Avenue, Bldg 549, Travis AFB, CA 94535-2632
F04666
5N
    9 CONS/CC, 6500 B St, Ste 101, Beale AFB, CA 95903-1712
F04684
QW
    30 CONS/LGC, 806 13th St, Ste D, Bldg 7015 Sect 2c, Vandenberg AFB, 
CA 93437-5226
F04689
RN
    750 LSS/LGC, 1080 Lockheed Way, Box 039, Onizuka AFB, CA 94089-1234
F04690
RF
    Det 2, SMC/PK, 1080 Lockheed Way Box 043, Onizuka AFB, CA 94089-1235
F04693
MG
    SMC/PKD, 400 N Douglas Blvd Ste 212E, Los Angeles, CA 90245-4640
F04699
Q5
    SM-ALC/PK, Bldg 200 3227 Peacekeeper Way Ste 17, McClellan AFB, CA 
95652-1060
F04700
Q2
    AFFTC/PKA, 5 S Wolfe Ave, Building 2800, Edwards AFB, CA 93524-1185
F04071
TB
    SMC/PK, 155 Discovery Blvd Ste 1516, Los Angeles, CA 90245-4692
F04704
R9
    Det 10 SMC/PK, Bldg 951, 1111 E. Mill St Rm 104, San Bernardino, CA 
92408-1621
F05603
    HQ AFSPC/LGC, 150 Vandenberg Street Ste 1105, Peterson AFB, CO 
80914-4350
F05604
SX
    21 CONS/LGC, 700 Suffolk Street, Peterson AFB, CO 80914-1200
F05611
5Q
    10 ABW/LGC, 8110 Industrial Drive Ste 200, USAF Academy, CO 80840-
2315
F07603
5R
    436 CONS/LGC, 639 Atlantic Street Ste 243, Dover AFB, DE 19902-5639
F08602
5S
    56 CONS/CC, 3014 Zemke Avenue, MacDill AFB, FL 33621-5000
F08620
5T
    16 CONS/LGC, P.O. Box 9190, 350 Tully Street, Hurlburt Field, FL 
32544-5825
F08626
QU
    OL/PK ASC/PK, 205 West D Ave, Ste 433, Bldg 350, Eglin AFB, FL 
32542-6864
F08630
S1
    OL-MNK ASC/MNK, 101 W Eglin Blvd, Ste 337, Bldg 13, Eglin AFB, FL 
32542-6810
F08635
RH
    AFDTC/PK, Bldg 350, 205 West D Avenue Ste 433, Eglin AFB, FL 32542-
6864
F08637
5V
    325 CONS/CC, 501 Illinois Ave Ste 5, Tyndall AFB, FL 32403-5526
F08650
TJ
    45 CONS/PKESM, 1201 Minuteman Street, Patrick AFB, FL 32925-5432
F08651
Q3
    AFDTC/PKO, 205 West D Ave Ste 541, Eglin AFB, FL 32542-6862
F09603
RJ, RR
    WR-ALC/PK, Bldg 300, 215 Byron Street, Robins AFB, GA 31098-1611
F09604
RU
    Det 8, 2762 LS(SP)/PK, 750 3rd St, Bldg 350, Robins AFB, GA 31098-
2122
F09607
5W
    347 CONS/CC, 4380B Alabama Rd, Moody AFB, GA 31699-1793
F09609
5X
     94 LG/LGC, 1538 Atlanta Ave Ste 104, Dobbins AFB, GA 30069-4824
F09634
5Y
    HQ AFRES/LGC, 155 2nd St, Robins AFB, GA 31098-1638
F09650
Q6
    WR-ALC/PKO, Bldg 300, 215 Byron Street, Robins AFB, GA 31098-1803
F10603
5Z
    366 CONS/CC, 366 Gunfighter Ave Ste 498, Mountain Home AFB, ID 
83648-4037
F11603
6B
    928 AW/LGC, 6626 N. Patton Rd Ste 94, Chicago O'Hare IAP, IL 60666-
5023
F11623
6C
    375 CONS/LGC, 102 E Martin Street Ste 216, Scott AFB, IL 62225-5015
F11624
X4

[[Page 269]]

    CSPO/CGZ, 3205 East Drive, Scott AFB, IL 62225-5425
F11626
    HQ AMC/DOKR, 402 Scott Dr Unit 3A1, Scott AFB, IL 62225-5302
F12617
6D
    434 LSS/LGC, 2 Kittyhawk St, Grissom ARB, IN 46971-5320
F14614
6E
    22 CONS/LGC, 53147 Kansas St Ste 102, McConnell AFB, KS 67221-3606
F16602
6G
    2 CONS/CC, 841 Fairchild Ave., Barksdale AFB, LA 71110
F19617
R5
    439 LSS/LGC, 100 Logistics Dr, 2nd Floor Ste 200, Westover ARB, MA 
01022-1531
F19628
RS
    ESC/PK, Bldg 1520, 104 Barksdale Street, Hanscom AFB, MA 01731-1806
F19650
SH
    ESC/PKO, Bldg 1520, 104 Barksdale Street, Hanscom AFB, MA 01731-2816
F20613
6L
    410 CONS/CC, 417 A Ave Ste 112, Sawyer AFB, MI 49843-3299
F21611
6N
    934 LG/LGC, 760 Military Hwy, Minneapolis, MN 55450
F22600
RC
    81 CONS/CC, 200 Fifth St Ste 101, Keesler AFB, MS 39534-2102
F22608
6Q
    14 CONS/CC, 555 Seventh Street Ste 113, Columbus AFB, MS 39701-1006
F23606
6R
    509 CONS/CC, 850 Arnold Ave Bldg 705, Whiteman AFB, MO 65305-5021
F24604
6T
    341 CONS/LGC, 7015 Goddard Dr, Malmstrom AFB, MT 59402-6863
F25600
6U
    55 CONS/CC, MBB 09 106 Peacekeeper Dr Ste 2N3, Offutt AFB, NE 68113-
5320
F26600
S4
    554 CONS/CC 5865 Swabb Blvd, Nellis AFB, NV 89191-7063
F28609
6V
    305 CONS/LGC, 3563 Lancaster Ave, McGuire AFB, NJ 08641-2712
F28620
M1
    65 CONS/CC, APO AE 09720-7775
F28620
S8
    65 CONS/O1-A, PO Box 837, Wrightstown, NJ 05862-0837
F29601
RW
    PL/PK, Bldg 499, 3651 Lowry Ave SE Rm 222, Phillips Laboratory, 
Kirtland AFB, NM 87117-5777
F29605
6W
    27 CONS/CC, 100 North Torch Blvd, Cannon AFB, NM 88103-5320
F29650
R3
    PL/PKO, 3651 Lowry Ave SE Rm 117, Kirtland AFB, NM 87117-5777
F29651
6X
    49 CONS/CC, PO Drawer S, Holloman AFB, NM 88330-1601
F30602
RX
    RL/PK, Bldg 106, 26 Electronic Pky, Griffiss AFB, NY 13441-4514
F30617
6Y
    914 AW/LGC, 2720 Kirkbridge Drive, Niagara Falls IAP-ARS, NY 14304-
5320
F30635
S3
    416 CONS/CC, 375 Brooks Road, Griffiss AFB, NY 13440
F30636
6Z
    380 CONS/LGC, 11 Ohio Avenue, Plattsburgh AFB, NY 12903-3506
F31601
BU
    23 CONS/CC, 1443 Reilly Rd Ste C, Pope AFB, NC 28308-2896
F31610
BW
    4 CONS/CC, 1695 Wright Ave, Seymour Johnson AFB, NY 27531-2459
F32604
BX
    5 CONS/CC, 211 Missile Ave, Minot AFB, ND 58705-5027
F32605
BY
    319 CONS/CC, 575 6th Ave, Grand Forks AFB, ND 58205-6436
F33600
RZ
    ASC/PKW, 1940 Allbrook Dr Ste 3, Bldg 1, Wright Patterson AFB, OH 
45433-5309
F33601
Q7
    ASC/PKWO, 1940 Allbrook Dr Ste 3, Bldg 1, Wright Patterson AFB, OH 
45433-5309
F33615
SG
    WL/PK, Bldg 7, 2530 C Street, Wright Patterson AFB, OH 45433-7607

[[Page 270]]

F33630
C1
    910 AW/LGC, 3976 King Graves Rd, Youngstown-Warren Rgl Arpt, 
Youngstown ARP, OH 44473-0910
F33657
SC
    ASD/PK, Bldg 14, 1865 Fourth St Ste 6, Wright Patterson AFB, OH 
45433-7120
F33659
Q8
    AGMC/PK, Bldg 2, 813 Irving Wick Dr West, Newark AFB, OH 43055-0027
F33660
TA
    AGMC/PKY, Bldg 2, 813 Irving Wick Drive/W, Newark AFB, OH 43057-0027
F34600
C2
    71 FTW/CVC, 246 Brown Pkwy Ste 228, Vance AFB, OK 73705-5037
F34601
SD
    OC-ALC/PK, 3001 Staff Dr Ste 1AG76A, Tinker AFB, OK 73145-3015
F34608
TF
    CSC/PK, 4009 Hilltop Rd, Ste 103, Tinker AFB, OK 73145-2713
F34612
C3
    97 CONS/CC, 205 South 6th St Bldg 318, Altus AFB, OK 73523-5147
F34650
Q9
    OC-ALC/PKO, Bldg 3 7858 Fifth St Ste 1, Tinker AFB, OK 73145-3015
F36629
C7
    911 AW/LGC, 316 Defense Ave Ste 101, Corapolis, PA, Pittsburgh IAP-
ARS PA 15108-4403
F36700
C8
    913 AW/LGC, 1051 Fairchild Street, Willow Grove ARS, PA 19090-5203
F38601
C9
    20 CONS/CC, 305 Blue Jay St, Shaw AFB, SC 29152-5320
F38604
T3
    USCENTAF, Bldg 1132, Shaw AFB, SC 29152
F38610
CR
    437 CONS/LGC, 102 Long Street, Charleston AFB, SC 29404-4829
F39601
CT
    28 CONS/CC, 2704 George Dr, Ellsworth AFB, SD 57706-5320
F40600
Q4
    AEDC/PK, Bldg 100, 100 Kindel Dr Ste 1335, Arnold AFB, TN 37389-1335
F40650
D1
    AEDC/PKP, Bldg 100, 100 Kindel Dr Ste 1332, Arnold AFB, TN 37389-
1332
F41608
SA
    SA-ALC/PK, Bldg 43, 143 Billy Mitchell Rd, Kelly AFB, TX 78241-6014
F41612
D4
    82 CONS/CC, 136 K Avenue Ste 2, Sheppard AFB, TX 76311-2739
F41614
E2
    17 CONS/CC, 210 Scherz Boulevard, Goodfellow AFB, TX 76908-4705
F41620
E3
    64 CONS/CC, 300 Reese Blvd Ste 7, Reese AFB, TX 79489-5032
F41622
QY
    HSC/PKO, Bldg 625, 8005 9th St, Brooks AFB, TX 78235-5353
F41624
TG
    HSC/PK, Bldg 626, 8005 9th St, Brooks AFB, TX 78235-5353
F41636
ZV
    37 CONS/CC, 1655 Selfridge Avenue, Lackland AFB, TX 78236-5253
F41650
YA
    SA-ALC/PKO, Bldg 1598, 1288 Growden Rd, Kelly AFB, TX 78251-5318
F41652
E5
    7 CONS/CC, 381 3rd St, Dyess AFB, TX 79607-5320
F41685
E6
    47 CONS/CC, 171 Alabama Ave, Laughlin AFB, TX 78843-5102
F41689
SK
    AETC CONS/CC, 550 D Street Ste 07, Randolph AFB, TX 78150-4434
F41691
Y0
    12 CONS/CC, 395 B Street West Ste 02, Randolph AFB, TX 78150-4525
F42600
QP
    OO-ALC/PK, Bldg 1289, 6038 Aspen Ave, Hill AFB, UT 84056-5805
F42610
QP
    OO-ALC/LMK, Bldg 1258, 6014 Dogwood Ave, Hill AFB, UT 84056-5821
F42620
QP
    OO-ALC/LAK, Bldg 1233, 6072 Fir Avenue, Hill AFB, UT 84056-5820
F42630
QP
    OO-ALC/LIK, Bldg 1215, 6050 Gum Lane, Hill AFB, UT 84056-5825

[[Page 271]]

F42650
R2
    OO-ALC/PKO, Bldg 1289 NE 6038 Aspen Ave, Hill AFB, UT 84056-5805
F44600
F3
    1 CONS/CC, 74 Nealy Ave Ste 109, Langley AFB, VA 23665-2088
F44650
Q1
    ACC CONS, 227 Harding Ave Ste 302, Langley AFB, VA 23665
F45603
F5
    62 CONS/LGC, 100 Main Street Ste 1049, McChord AFB, WA 98438-1109
F45613
F8
    92 CONS/LGC, 110 W Ent St Ste 200, Fairchild AFB, WA 99011-9403
F47606
G7
    440 AW/LGC, 300 East College Avenue, Gen. Mitchell IAP-ARS, WI 
53207-6299
F48608
G9
    90 CONS/LGC, 7505 Marne Loop, F.E. Warren AFB, WY 82005-2860
F49620
SE
    AFOSR/PK, Bldg 410, 110 Duncan Ave Ste B115, Bolling AFB, DC 20332-
0001
F49642
J1
    11 CONS/LGC, 3534 Ohio Dr, Andrews AFB, MD 20331-5152
F61101
T1
    Det 1, 21 CONS/CC, APO AE 09710-5000
F61211
N9
    31 FW/LGC, Unit 6102, Box 140, Aviano AB APO AE 09601-2140
F61354
W8
    741 ABS/LGC, Unit 6870, Box 85, Izmir AB APO AE 09821-7085
F61358
W9
    39 CONS/LGC, Unit 730, Box 285, Incirlik AB APO AE 09824-0285
F61503
UC
    435 AW/LGC, Unit 7420 Box 115, Rhein Main AB APO AE 09097-0115
F61517
UF
    52 CON FLT/LGC, Unit 3910, Bldg 2001, Spangdahlem AB APO AE 09137-
3910
F61521
UH, UJ
    USAFE CONS/LGC, Unit 3115, Ramstein AB AE 09094-3115
F61708
UK
    603 CS/CON, Unit 5500, Bldg 202, RAF Croughton APO AE 09494-5500
F61730
UQ
    OL-C 10 LG/LGC, Unit 5720, RAF Upwood APO AE 09470-5720
F61775
UV
    48 CONS/LGC, Unit 5070, Box 270, RAF Feltwell APO AE 09461-0270
F61815
UW
    496 ABS/LGC, Unit 6585, Moron AB APO AE 09643-6585
F62032
4D
    USMTM, Unit 61300 Box 2, APO AE 05862-0837
F62321
RA
    18 CONS/LGC, Unit 5199, Kadena AB APO AP 96368-5199
F62509
QZ
    35 CONS, Unit 5201, Misawa AB APO AP 96319-5201
F62562
SW
    374 CONS/LGC, Unit 5228, Yokota AB AP 96328-5228
F64133
S9
    36 CONS/CC, Unit 14040, Anderson AFB APO AP 96543-4040
F64605
TN
    15 CONS/LGC, 90 G Street, Hickam AFB, HI 96853-5230
F65501
WF
    3 CONS/CC, 6920 12th Street Ste 242, Elmendorf AFB, AK 99506-2570
F65503
WH
    354 CONS/LGC, 3112 Broadway Avenue Ste 3, Eielson AFB, AK 99702-1850
F66501
R7
    24 CONS/CC, Unit 0550, Howard AFB APO AA 34001-0550
FA0021
    HQ AFSOC/LGCX, 100 Bartley St, Hurlburt Field, FL 32544-5273
FA2550
    50 LSS/LGC, 300 O'Malley Avenue, Suite 30, Falcom AFB, CO 80912-3030
FA4416
5J
    89 CONS/LGC, 1419 Menoher Dr, Andrews AFB, MD 20331-5000
FA4452
RL
    AMCCONF/LGCF, 102 E. Martin St., Rm 216, Scott AFB, IL 62225-5015
FA6648
5U
    482 LSSQ/LGC, 360 Coral Sea Blvd Rm 112, Homestead ARB, FL 33039-
1299

[[Page 272]]

FA6652
E9
    924 FW/LGC, PO Box 1460, Del Valle, TX 78617-1460
FA6675
D5
    301 LG/LGC, 1710 Burke Ave., NAS Joint Reserve Base, Fort Worth, TX 
76127-6200



PART 6--DEFENSE LOGISTICS AGENCY ACTIVITY ADDRESS NUMBERS--Table of Contents




SP0100
TW
    Defense Personnel Support Center, Directorate of Clothing and 
Textiles, 2800 South 20th Street, Philadelphia, PA 19109-8419
SP0103
W7
    Defense Personnel Support Center, Installation Support, 2800 South 
20th Street, Philadelphia, PA 19109-8419
SP0200
TX
    Defense Personnel Support Center, Directorate of Medical Materiel, 
2800 South 20th Street, Philadelphia, PA 19101-8419
SP0300
UE
    Defense Personnel Support Center, Directorate of Subsistence, 2800 
South 20th Street, Philadelphia, PA 19101-8419
SP0302
W6
    Defense Subsistence Region Pacific, ATTN: DSR-Pacific, 2155 Mariner 
Square Loop, Alameda, CA 94501-1022
SP0303
U6
    Defense Subsistence Region Europe, DSR Europe, APO AE 09052
SP0400
TY
    Defense General Supply Center, Business Operations, 8000 Jefferson 
Davis Highway, Richmond, VA 23297-5770
SP0410
XH
    Defense General Supply Center, Base Spt Div, Dir of Spec Proc, 8000 
Jefferson Davis Highway, Richmond, VA 23297-5312
SP0411
TY
    Defense General Supply Center, Proc Br (ESOC), Customer Asst Ctr, 
8000 Jefferson Davis Highway, Richmond, VA 23297-5871
SP0413
TY
    Defense General Supply Center, Spec Purchase Br, Prod Ctr Spt Div, 
8000 Jefferson Davis Highway, Richmond, VA 23297-5864
SP0414
TY
    Defense General Supply Center, SASPS Phase I Br, Prod Ctr Spt Div, 
8000 Jefferson Davis Highway, Richmond, VA 23297-5863
SP0420
XK
    Defense General Supply Center, DODDS Div., Dir Of Spec Proc, 8000 
Jefferson Davis Highway, Richmond, VA 23297-5313
SP0430
TY
    Defense General Supply Center, Proc Br, Product Center 5, 8000 
Jefferson Davis Highway, Richmond, VA 23297-5813
SP0440
TY
    Defense General Supply Center, Proc Br, Product Center 7, 8000 
Jefferson Davis Highway, Richmond, VA 23297-5834
SP0441
TY
    Defense General Supply Center, Proc Br, Product Center 6, 8000 
Jefferson Davis Highway, Richmond, VA 23297-5822
SP0450
TY
    Defense General Supply Center, Proc Br, Product Center 4, 8000 
Jefferson Davis Highway, Richmond, VA 23297-5800
SP0451
TY
    Defense General Supply Center, Proc Br, Product Center 2, 8000 
Jefferson Davis Highway, Richmond, VA 23297-5772
SP0460
TY
    Defense General Supply Center, Proc Br, Product Center 1, 8000 
Jefferson Davis Highway, Richmond, VA 23297-5772
SP0461
TY
    Defense General Supply Center, Special Purchase Branch (SPUR), 8000 
Jefferson Davis Highway, Richmond, VA 23297-5864
SP0490
TY
    Defense General Supply Center, Proc Br, Product Center 1, 8000 
Jefferson Davis Highway, Richmond, VA 23297-5846
SP0499
    Defense General Supply Center--FCIM, 8000 Jefferson Davis Highway, 
Richmond, VA 23297-5000
SP0500
TZ
    Defense Industrial Supply Center, 700 Robbins Avenue, Philadelphia, 
PA 19111-5096
SP0510
W2
    Defense Industrial Supply Center, Base Operating Support System, 700 
Robbins Avenue, Philadelphia, PA 19111-5096
SP0520
    Defense Industrial Supply Center, Product Verification Testing 
Acquisition, 700

[[Page 273]]

Robbins Avenue, Philadelphia, PA 19111-5096
SP0599
    Defense Industrial Supply Center--FCIM, 700 Robbins Avenue, 
Philadelphia, PA 19111-5096
SP0600
UA
    Defense Fuel Supply Center, 8725 John J. Kingman Road, Suite 2533, 
Fort Belvoir, VA 22304-6160
SP0700
UB
    Defense Construction Supply Center, P.O. Box 3990, Columbus, OH 
43216-3990
SP0701
    Defense Construction Supply Center, Directorate of Contracting and 
Production, ATTN: DDCO TTC, Bldg 122, Columbus, OH 43216-5000
SP0710
YL
    Defense Construction Supply Center, Commercial Activities and 
Service Branch, P.O. Box 16704, Columbus, OH 43216-5010
SP0720
YM
    Defense Construction Supply Center, Wood Products Branch, P.O. Box 
16704, Columbus, OH 43216-5010
SP0730
WZ
    Defense Construction Supply Center, Military Interdepartmental PR 
MIPR Division, P.O. Box 3990, Columbus, OH 43216-5000
SP0740
XJ
    Defense Construction Supply Center, High Demand Group (MINI-ICP), 
P.O. Box 3990, Columbus, OH 43216-5000
SP0750
UB
    Defense Construction Supply Center, Contracts Division I, P.O. Box 
16704, Columbus, OH 43216-5010
SP0760
UB
    Defense Construction Supply Center, Contracts Division II, P.O. Box 
16704, Columbus, OH 43216-5010
SP0770
UB
    Defense Construction Supply Center, Contracts Division III, P.O. Box 
16704, Columbus, OH 43216-5010
SP0780
    Defense Construction Supply Center, Government Furnished Property 
Acct, P.O. Box 16704, Columbus, OH 43216-5000
SP0799
    Defense Construction Supply Center--FCIM, P.O. Box 3990, Columbus, 
OH 43216-5000
SP0833
VS
    Defense National Stockpile Center, 8725 John J. Kingman Road, Suite 
3339, Fort Belvoir, VA 22060-6223
SP0834
VT
    Defense National Stockpile Center, Zone 1--Management Office, Room 
19-116, 26 Federal Plaza, New York, NY 10278-5000
SP0835
VU
    Defense National Stockpile Center, Zone 2--Management Office, 3200 
Sheffield Avenue, Hammond, IN 46327-5000
SP0836
VY
    Defense National Stockpile Center, Zone 3--Management Office, 819 
Taylor Street, Fort Worth, TX 76102-5000
SP0900
UD
    Defense Electronics Supply Center, 1507 Wilmington Pike, Dayton, OH 
45444-5000
SP0905
    Defense Electronics Supply Center, Passive Devices Division, 1507 
Wilmington Pike, Dayton, OH 45444-5198
SP0910
U7
    Defense Electronics Supply Center, Base Contracting Section, 1507 
Wilmington Pike, Dayton, OH 45444-5000
SP0920
W4
    Defense Electronics Supply Center, 1507 Wilmington Pike, Dayton, OH 
45444-5198
SP0930
    Defense Electronics Supply Center, Switches Division, 1507 
Wilmington Pike, Dayton, OH 45444-5198
SP0935
    Defense Electronics Supply Center, Connectors Division, 1507 
Wilmington Pike, Dayton, OH 45444-5198
SP0960
    Defense Electronics Supply Center, Active Devices Division, 1507 
Wilmington Pike, Dayton, OH 45444-5198
SP0970
    Defense Electronics Supply Center, ADP/Communications Division, 
Dayton, OH 45444-5198
SP0980
    Defense Electronics Supply Center, Tailored Logistics Acquisitions, 
1507 Wilmington Pike, Dayton, OH 45444-5198
SP0999
    Defense Electronics Supply Center--FCIM, 1507 Wilmington Pike, 
Dayton, OH 45444-5160
SP3100
WX
    Defense Distribution Region East (DDRE), Office of Contracting, New 
Cumberland, PA 17070-5001
SP3200
TV

[[Page 274]]

    Defense Distribution Region West (DDRW), Office of Contracting, 
Building S-4, Lathrop, CA 95330-5000
SP3500
UN
    Defense Distribution Region East (DDRE), Office of Contracting, New 
Cumberland, PA 17070-5001
SP4400
X1
    Defense Reutilization Marketing Service, Federal Center, 74 
Washington Avenue North, Battle Creek, MI 49017-3092
SP4410
X1
    Defense Reutilization Marketing Service, Special Contracts Division, 
ATTN: DRMS-PP, Federal Center, 74 Washington Avenue North, Battle Creek, 
MI 49017-3092
SP4700
YK
    Defense Logistics Agency, ADP Telecommunications Contracting Office, 
8725 John J. Kingman Road, Suite 2533, Fort Belvoir, VA 22060-6221
SP4800
    Defense Logistics Agency, Office of Small and Disadvantaged Business 
Utilization, 8725 John J. Kingman Road, Suite 2533, Fort Belvoir, VA 
22060-6221
SBL00A
MJ
    DCMAO Brussels/Emb, PSC 82, Box 002, APO AE 09724
SCN01A
WV
    DCMAO Canada, 275 Bank Street, Suite 200, Ottawa, ON Canada K2P
SGR18A
    DCMAO Frankfurt, CMR 410, Box 761, APO AP 09096
SJP10A
Y9
    DCMAO 6TSUGI Japan, PSC 477, Box 39, APO AP 96306-2739
SKR08A
R1
    DCMAO Korea, Unit 2000, APO AE 96214-5000
SM104A
XC
    DCMAO Kuala Lumpur, American Embassy, APO AP 96535-5000
SPH07A
    DCMAOR Manila, APO CA, San Francisco, CA 96440
SPR01A
QF
    DCMAO Puerto Rico, P.O. Box DLA (NSGA), FPO AA 34053-0007
SPR02A
    DCMAOR Alverca, Alverca Portugal, APO PO 09726
SSR01A
YE
    DCMAO Israel, Unit 228, APO AE 09830-7228
STR02A
TQ
    DCMAO Ankara, Unit 9050, APO AE 09822-9050
SUK12A
VN
    DCMAO United Kingdom, Unit 4790, APO AE 09449-4790
S0102A
WA
    DPRO Pemco Aeroplex, Inc., P.O. Box 12447, Birmingham, AL 35202-2447
S0302A
WY
    DCMAO Phoenix, The Monroe School, 215 North 7th Street, Phoenix, AZ 
85034-1012
S0304A
TR
    DPRO McDonnell Douglas Helicopter, 5000 East McDowell Road, Mesa, AZ 
85025-9797
S0305A
SR
    DPRO Hughes, Tucson, P.O. Box 1137 M/S E-4, Tucson, AZ 85734-1337
S0506A
WL
    DCMD West, 222 North Sepulveda Boulevard, El Segundo, CA 90245-4320
S0507A
XR
    DCMAO San Francisco, 1250 Bayhill Drive, San Bruno, CA 94066-3070
S0512A
YC
    DCMAO Van Nuys, 6230 Van Nuys Boulevard, Van Nuys, CA 91401-2713
S0513A
UG
    DCMAO Santa Ana, 34 Civic Center Plaza, P.O. Box C 12700, Santa Ana, 
CA 92712-2700
S0514A
VH
    DCMAO San Diego, 7675 Dagget Street, Suite 200, San Diego, CA 92111-
2241
S0520A
VR
    DPRO United Defense, California, 1125 Coleman Avenue, P.O. Box 367, 
San Jose, CA 95103-0367
S0523A
YG
    DPRO Westinghouse, 401 East Hendy Avenue, P.O. Box 3499, M/S 11-7, 
Sunnyvale, CA 94088-3499
S0530A
X9
    DPRO McDonnell Douglas, Space Systems Company, 5301 Bolsa Avenue, 
Huntington Beach, CA 92647-2048
S0533A
XG
    DPRO Hughes, Fullerton, 1901 West Malvern Street, P.O. Box 3310, 
Fullerton, CA 92634-3310
S0539A
QT

[[Page 275]]

    DPRO Hughes, Los Angeles, P.O. Box 92463, Los Angeles, CA 90009-2463
S0540A
RB
    DPRO Rockwell, Anaheim, 3370 Miraloma Avenue, M/S AB02A, Anaheim, CA 
92803-3110
S0542A
RY
    DPRO Rockwell, Canoga Park, 6633 Canoga Avenue, Canoga Park, CA 
91303-2790
S0543A
QX
    DPRO Lockheed, Sunnyvale, P.O. Box 3504, Sunnyvale, CA 94088-3504
S0544A
TC
    DPRO Douglas, Long Beach, 3855 Lakewood Boulevard, Long Beach, CA 
90846-0001
S0545A
S6
    DPRO TRW, Redondo Beach, One Space Park, Redondo Beach, CA 90278-
1078
S0546A
QR
    DPRO Northrop, Hawthorne, One Northrop Avenue, Hawthorne, CA 90250-
3296
S0602A
VK
    DCMAO Denver, Orchard Place 2, Suite 200, 5975 Greenwood Plaza 
Boulevard, Englewood, CO 80111-4715
S0605A
RE
    DPRO Martin Marietta, Denver, P.O. Box 179, Denver, CO 80201-0179
S0701A
WB
    DCMAO Hartford, 130 Darlin Street, East Hartford, CT 06108-3234
S0702A
UP
    DCMAO Stratford, 555 Main Street, Stratford, CT 06497-7593
S0703A
XT
    DPRO Hamilton Standard, 1 Hamilton Road, Windsor Locks, CT 06096-
0463
S0707A
LF
    DPRO UTC Sikorsky Aircraft Division, Stratford, CT 06497-7553
S0708A
T5
    DPRO Pratt & Whitney, East Hartford, 400 Main Street, East Hartford, 
CT 06108-0969
S1002A
WW
    DCMAO Orlando, 3555 Maguire Boulevard, Orlando, FL 32803-3726
S1005A
XL
    DPRO Martin Marietta, Orlando, 5600 Sand Lake Road, MP49, Orlando, 
FL 32819-8907
S1009A
V1
    DPRO Harris, Melbourne, 1425 Troutman Boulevard, NE, Palm Bay, FL 
32905-4102
S1011A
T2
    DPRO Pratt & Whitney, West Palm Beach, P.O. Box 109600, West Palm 
Beach, FL 33410-9600
S1102A
UL
    DCMD South, 805 Walker Street, Marietta, GA 30060-2789
S1103A
Y1
    DCMAO Atlanta, 805 Walker Street, Marietta, GA 30060-2789
S1109A
Z4
    DCMAO Clearwater, 1100 Cleveland Street, Suite 200, Clearwater, FL 
34615-4822
S1110A
Z5
    DPRO Grumman, St. Augustine, 5000 US Highway 1, North, P.O. Drawer 
3447, St. Augustine, FL 32085-3447
S1111A
RK
    DPRO Lockheed Aeronautical Systems Co.--Georgia, 86 South Cobb 
Drive, Bldg B-2, Marietta, GA 30063-0260
S1201A
Z9
    DCMAO Residency, Honolulu, Box 64110, Camp HM Smith, Honolulu, HI 
96861-4110
S1211A
U8
    DCMC Aircraft Program Management Office, 805 Walker Street, 
Marietta, GA 30060-2789
S1221A
X5
    DPRO Grumman, P.O. Box 9650, Melbourne, FL 32902-9650
S1403A
YP
    DCMAO Chicago, O'Hare International Airport, P.O. Box 66911, 
Chicago, IL 60666-0911
S1501A
WG
    DCMAO Indianapolis, Building 1, Fort Benjamin Harris, IN 46249-5701
S1505A
X2
    DPRO Magnavox, 1616 Directors Row, Fort Wayne, IN 46808-1286
S1701A
YD
    DCMAO Wichita, U.S. Courthouse, Suite B-34, 401 North Market, 
Wichita, KS 67202-2095
S1702A
RP
    DPRO Boeing Military Airplanes, P.O. Box 7723, Wichita, KS 67277-
7723
S1903A

[[Page 276]]

    DPRO Michoud, 13800 Old Gentilly Hwy, Building 350, P.O. Box 29503, 
New Orleans, LA 70189-0503
S2102A
7H
    Defense Contract Management Residency, 895 Oceanic Drive, P.O. Box 
1488, Annapolis, MD 21401-1488
S2103A
S2
    DPRO Westinghouse Electric--Baltimore, P.O. Box 1693, M/S 1265, 
Baltimore, MD 21203-1693
S2202A
UT
    DCMD Northeast, 495 Summer Street, Boston, MA 02210-2184
S2203A
XX
    DPRO GTE Government Systems Corp, 200 First Avenue, Needham, MA 
02194-9123
S2205A
XF
    DPRO Raytheon, Spencer Laboratory, Wayside Avenue, Burlington, MA 
01803-0901
S2206A
Y3
    DCMAO Boston, 495 Summer Street Boston, MA 02210-2138
S2207A
7Q
    DPRO GE Aircraft Engines, Lynn, 1000 Western Avenue, Lynn, MA 01910-
0445
S2208A
NJ
    DPRO Martin Marietta Defense Systems, 100 Plastics Avenue, 
Pittsfield, MA 01201-3696
S2209A
SQ
    DPRO Textron Defense Systems, 201 Lowell Street, Wilmington, MA 
01887-2941
S2303A
VW
    DCMAO Grand Rapids, Riverview Center Building, 678 Front Street, NW, 
Grand Rapids, MI 49504-5352
S2305A
Y7
    DCMAO Detroit, McNamara Federal Building, 477 Michigan Avenue, 
Detroit, MI 48226-2579
S2401A
WQ
    DCMAO Twin Cities, 2305 Ford Parkway, St. Paul, MN 55116-1893
S2402A
WD
    DPRO Honeywell/Alliant Techsystems, Honeywell Plaza, 2701 4th 
Avenue, South Minneapolis, MN 54408-1792
S2404A
UR
    DCMAO Baltimore, 200 Towsontown Boulevard, West, Towson, MD 21204-
5299
S2603A
XS
    DCMAO St Louis, 1222 Spruce Street, St. Louis, MO 63103-2811
S2606A
JZ
    DPRO McDonnell Douglas, St. Louis, P.O. Box 516, St. Louis, MO 
63166-0516
S3001A
YS
    DPRO Lockheed Sanders, Inc., Daniel Webster Highway, South, P.O. Box 
868, Nashua, NH 03061-0868
S3101A
WT
    DCMAO Springfield, 955 South Springfield Avenue, Springfield, NJ 
07081-3170
S3102A
UU
    DPRO Allied Signal, Route 46, Teterboro, NJ 07608-1173
S3109A
WC
    DPRO GEC/Kearfott, 164 Totowa Road, MS 11A30, Wayne, NJ 07474-0975
S3110A
X7
    DPRO GE Aerospace, Marne Highway and Borton Landing Road, 
Moorestown, NJ 08057-3095
S3304A
XQ
    DPRO Link Flight Simulation, Kirkwood Plant, P.O. Box 1237, 
Binghamton, NY 13902-1237
S3306A
XU
    DCMAO Syracuse, 615 Erie Boulevard West, Syracuse, NY 13204-2408
S3309A
VX
    DCMAO Garden City, 605 Stewart Avenue, Garden City, NY 11530-4761
S3314A
YN
    DPRO Harris, 6801 Jericho Turnpike, Syosset, NY 11791-4465
S3315A
YR
    DPRO IBM, Route 17C, Owego, NY 13827-1298
S3316A
KK
DPRO Grumman Aerospace, Bethpage,
    Bethpage, NY 11714-3593
S3317A
NH
    DPRO Unisys, Great Neck, Long Island, Great Neck, NY 11020-7001
S3602A
SB
    DPRO GE Aircraft Engines, Evendale, Mail Drop N-1, Cincinnati, OH 
45215-6303
S3603A
VB

[[Page 277]]

    DCMAO Cleveland, A J Celebrezze Federal Building, 1240 East Ninth 
Street, Cleveland, OH 44199-2063
S3605A
VL
    DCMAO Dayton, Gentile Station, 1001 Hamilton Street, Dayton, OH 
45444-5300
S3613A
YB
    DPRO Westinghouse, Cleveland, 18901 Euclid Avenue, Cleveland, OH 
44117-1388
S3615A
YH
    DPRO Williams International, c/o Williams International Corporation, 
2280 West Maple Road, Walled Lake, MI 48088-0200
S3616A
X6
    DPRO Loral, 1210 Massillon Road, Akron, OH 44315-0001
S3618A
YF
    DPRO General Dynamics, Lima, 1155 Buckeye Road, Lima, OH 45804-1898
S3620A
VA
    Defense Contract Management Command, International Contracts 
Division, 2000 Hamilton Street, Dayton, OH 45444-5410
S3910A
XA
    DCMD Mid-Atlantic, P.O. Box 7478, Philadelphia, PA 19101-7478
S3911A
XD
    DCMAO Pittsburgh, 1612 Federal Building, 1000 Liberty Avenue, 
Pittsburgh, PA 15222-4190
S3912A
XM
    DCMAO Reading, 45 South Front Street, Reading, PA 19602-1094
S3915A
X3
    DCMAO Philadelphia, P.O. Box 7699, Philadelphia, PA 19101-7699
S3916A
TU
    DPRO Boeing Helicopters, P.O. Box 16859, Philadelphia, PA 19142-0859
S4201A
XY
    DPRO United Defense L.P., P.O. Box 15512, York, PA 17405-1512
S4402A
Z7
    DCMAO Dallas, 1200 Main Street, Dallas, TX 75202-4399
S4404A
XN
    DCMAO San Antonio, 615 East Houston, P.O. Box 1040, San Antonio, TX 
78294-1040
S4407A
WN
    DPRO E-Systems, Inc., P.O. Box 6379, Greenville, TX 75403-6379
S4408A
XZ
    DPRO Texas Instruments, Inc., P.O. Box 660246, MS 256, Dallas, TX 
75266-0246
S4418A
W1
    DPRO Bell Helicopter Textron, P.O. Box 1605, Fort Worth, TX 76101-
1605
S4419A
SL
TH
    DPRO Lockheed, Fort Worth, P.O. Box 371, Fort Worth, TX 76101-0371
S4420A
WP
    DPRO Loral/Vought Systems, P.O. Box 655907, M/S 4915, Dallas, TX 
75265-5907
S4503A
R6
    DPRO Thiokol, P.O. Box 524, Mail Stop Z-10, Brigham City, UT 84302-
0524
S4801A
XW
    DCMAO Seattle, Building 5D, Naval Station Puget Sound, Seattle, WA 
98115-5010
S4804A
SP
    DPRO Boeing, Seattle, P.O. Box 3707, Seattle, WA 98124-2207
S4807A
WM
    DPRO, Stewart and Stevenson, Inc., 5000 Interstate 10 West, P.O. Box 
457, Sealy, TX 77474-0457
S4804A
SP
    DPRO Boeing, Seattle, P.O. Box 3707, Seattle, WA 98124-2207
S4807A
WM
    DPRO, Stewart and Stevenson, Inc., 5000 Interstate 10 West, P.O. Box 
457, Sealy, TX 77474-0457



PART 7--DEFENSE INFORMATION SYSTEMS AGENCY ACTIVITY ADDRESS NUMBERS--Table of Contents




DCA100
VC
    Defense Information Systems Agency, Contract Management Division, 
ATTN: PM, 701 South Courthouse Road, Arlington, VA 22204-2199----(ZD10)
DCA200
VP
    Defense Commercial Communications Office, Directorate of Plans and 
Policy, ATTN: DITCO-RP, 2300 East Drive, Scott AFB, IL 62225-5406----
(ZD11)
DCA300
1F
    DITCO-PAC/RUS, ATTN: RU, 99-080 Kauhale Street, Building C, Suite 2, 
Aiea, HI 96701-4104----(ZD13)

[[Page 278]]

DCA400
WK
    DECCO--Europe, ATTN: RS, Unit 4235, Sembach Air Base, APO AE 09136--
--(ZD14)
DCA500
KH
    DECCO--Alaska, ATTN: RT, 9864 L Street, Suite 201, Elmendorf AFB, AK 
99506-2615----(ZD15)
DCA600
Y5
    DISA/DITPRO, Office of Acquisition, ATTN: OA, 148 Redman Street, 
Fort Ritchie, MD 21719-3201----(ZD16)



PART 8--DEFENSE MAPPING AGENCY ACTIVITY ADDRESS NUMBERS--Table of Contents




DMA100
BQ
    Defense Mapping Agency, Acquisition and Technology Procurement, 
ATTN: PCA/D-88, 4600 Sangamore Road, Bethesda, MD 20816-5003----(ZM100)
DMA201
Y2
    Defense Mapping Agency, Micro Purchasing Operations (East), ATTN: 
PCC-E/D-6, 4600 Sangamore Road, Bethesda, MD 20816-5003----(ZM21)
DMA202
Z2
    Defense Mapping Agency, Micro Purchasing Operations (West), ATTN: 
PCC-W/L-13, 3200 South Second Street, St. Louis, MO 63118-3399----(ZM22)
DMA301
V2
    Defense Mapping Agency, Operations Group Procurement (East), ATTN: 
PCG-E/D-5, 4600 Sangamore Road, Bethesda, MD 20816-5003----(ZM31)
DMA302
YQ
    Defense Mapping Agency, Operations Group Procurement (West), ATTN: 
PCG-W/L-13, 3200 South Second Street, St. Louis, MO 63118-3399----(ZM32)
DMA401
BY

    Defense Mapping Agency, Installations Procurement (East), ATTN: PCI-
E/D-6, 4600 Sangamore Road, Bethesda, MD 20816-5003----(ZM41)
DMA402
    Defense Mapping Agency, Installations Procurement (West), ATTN: PCI-
W/L-13, 3200 South Second Street, St. Louis, MO 63118-3399----(ZM42)



PART 9--DEFENSE SPECIAL WEAPONS AGENCY ACTIVITY ADDRESS NUMBERS--Table of Contents




DSWA01--8Z
    Defense Special Weapons Agency, Headquarters, ATTN; Acquisition 
Management Directorate (AM), 6801 Telegraph Road, Alexandria, VA 22310-
3398 (ZD30)
DSWA02--0N
    Defense Special Weapons Agency, Field Command, ATTN: Acquisition 
Management Office (FCA), 1680 Texas Street, S.E., Kirtland AFB, NM 
87115-5669 (ZD31)



PART 10--MISCELLANEOUS DEFENSE ACTIVITIES ACTIVITY ADDRESS NUMBERS--Table of Contents




MDA112
E0
    T-ASA, Sacramento Contracting Office, 3116 Peacekeeper Way, 
McClellan AFB, CA 95652-1068----(ZP12)
MDA113
VE
    T-ASA, March Contracting Office, 1363 Z Street, March AFB, GA 92518-
2717----(ZP13)
MDA114
VV
    T-ASA, Alexandria Contracting Office, 601 North Fairfax Drive, Suite 
311, Alexandria, VA 22314-2007----(ZP14)
MDA410
DR
    DoDDS, ATTN: Procurement Division, 4040 North Fairfax Drive, 8th 
Floor, Arlington, VA 22203-1635----(ZK10)
MDA412
9Y
    DoDDs, European Procurement Office, Unit 29649, Box 4000, APO AE 
09096----(ZK12)
MDA414
Y4
    DoD Education Activity, Education Supplies Procurement Office, ATTN: 
DGSC-ED, 8000 Richmond Highway, Richmond, VA 23297-5320----(ZK14)
MDA416
YT
    DoD Education Activity, Pacific Procurement Office, PSC 556, Box 
796, FPO, AP 96386-0796----(ZK16)
MDA904
    Maryland Procurement Office, ATTN: N363, 9800 Savage Road, Fort 
George G. Meade, MD 20755-6000----(ZD04)
MDA905
B4
    Uniformed Services University of the Health Sciences, ATTN: 
Directorate of

[[Page 279]]

Contracting, 4301 Jones Bridge Road, Bethesda, MD 20814-4799----(ZD05)
MDA906
    Office for the Civilian Health & Medical Program of the Uniformed 
Services (CHAMPUS), ATTN: Contract Management Division, Building 222, 
East Harlow Avenue, FAMC, Aurora, CO 80045-6900----(ZD06)
MDA907
    Purchasing and Contracting Office, Menwith Hill Station, APO AE 
09210----(ZD07)
MDA908
2X
    Virginia Contracting Activity, ATTN: DAP, P.O. Box 46563, 
Washington, DC 20050-6563----(ZD50)
MDA928
    Armed Forces Radiobiology, Research Institute, ATTN: Acquisition 
Management Office, 8901 Wisconsin Avenue, Bethesda, MD 20889-5603----
(ZD28)
MDA946
    Real Estate and Facilities Directorate, Washington Headquarters 
Services, 1155 Defense Pentagon, Room 3C345, Washington, DC 20301-1155--
(ZD46)
MDA972
WS
    DARPA Contract Management Office, 3701 North Fairfax Drive, 
Arlington, VA 22203----(ZD72)



PART 11--ON-SITE INSPECTION AGENCY ACTIVITY NUMBERS--Table of Contents




OSIA01
    On-Site Inspection Agency, Acquisition Management, 300 West Service 
Road, Washington, DC 20041-0498 (ZD74)



PART 12--BALLISTIC MISSILE DEFENSE ORGANIZATION ACTIVITY ADDRESS NUMBERS--Table of Contents




HQ0006--SS
    Ballistic Missile Defense Organization, ATTN: BMDO/DCTP, 7100 
Defense Pentagon, Room 1E1019, Washington, DC 20301-7100 (ZD60)



PART 13--DEFENSE COMMISSARY AGENCY ACTIVITY ADDRESS NUMBERS--Table of Contents




DECA01--ZG
    Defense Commissary Agency, East Service Center, ATTN: DeCA/ES-AM, 
Building P-11200, 38th Street & E Avenue, Fort Lee, VA 23801-6390 (ZD81)
DECA02--ZT
    Defense Commissary Agency, West Service Center, ATTN: DeCA/WS-AM, 
Building 3184, Kelly AFB, TX 78241-6290 (ZD82)
DECA03--0H
    Defense Commissary Agency, North East Region, ATTN: DeCA/NE-AM, 
Building 2257, Fort George G. Meade, MD 20755-5220 (ZD83)
DECA04--BE
    Defense Commissary Agency, Central Region, ATTN: DeCA/CE-AM, 1140 
Gator Boulevard, Norfolk, VA 23521-2228 (ZD84)
DECA05--0L
    Defense Commissary Agency, Southern Region, ATTN: DeCA/SO-AM, 
Building 835, Maxwell AFB, AL 36112-6722 (ZD85)
DECA06--0J
    Defense Commissary Agency, Midwest Region, ATTN: DeCA/MW-AM, 
Building 3030, Kelly AFB, TX 78241-6290 (ZD86)
DECA07--0Z
    Defense Commissary Agency, South West Region, ATTN: DeCA/SW-AM, 
Building 329, Marine Corps Air Station El Toro, Santa Ana, CA 92709-5002 
(ZD87)
DECA08--0K
    Defense Commissary Agency, Northwest Region, ATTN: DeCA/NW-AM, 
Building 9630, Fort Lewis, WA 98433-7300 (ZD88)



PART 14--UNITED STATES SPECIAL OPERATIONS COMMAND ACTIVITY ADDRESS NUMBERS--Table of Contents




USZA22
2U
    USSOCOM Headquarters, Directorate of Procurement, 7701 Tampa Point 
Boulevard, MacDill AFB, FL 33621-5323----(ZA22)
USZA24
    USSCOCOM, 24th STS, ATTN: MS-Z, Pope AFB, NC 28308-5000----(ZA24)
USZA90
    USSOCOM, JSOC, P.O. Box 70329, Fort Bragg, NC 28307-5000----(ZA90)
USZA91
    USSOCOM, SOTF, ATTN: Contracting, P.O. Box 70660, Fort Bragg, NC 
28307-5000----(ZA91)
USZA92
1F
    USSOCOM, USASOC, ATTN: AOCO, Fort Bragg, NC 28307-5200----(ZA92)
USZA95
1A
    USSOCOM, TAKO, Contracting Division, ATTN: AMSAT-D-TK, 4300 
Goodfellow Boulevard, St. Louis, MO 63120----(ZA95)
USZA92
1F
    US Special Operations Command--USASOC, ATTN: AOCO, Fort Bragg, NC 
28307-5200----(ZA92)
USZA95
1A

[[Page 280]]

    US Special Operations Command--TAKO, Contracting Division, ATTN: 
AMSAT-D-TK, 4300 Goodfellow Boulevard, St. Louis, MO 63120----(ZA95)

[59 FR 27678, May 27, 1994, as amended at 60 FR 61615, 61620, 61623, 
61626-61627, Nov. 30, 1995; 61 FR 7751, Feb. 29, 1996; 61 FR 18195, Apr. 
24, 1996; 61 FR 50457, 50458, Sept. 26, 1996]

             Appendix H--Debarment and Suspension Procedures

Sec.
H-100  Scope.
H-101  Notification.
H-102  Nature of proceeding.
H-103  Presentation of matters in opposition.
H-104  Fact-finding.
H-105  Timing requirements.
H-106  Subsequent to fact-finding.

    Authority; 41 U.S.C. 421 and 48 CFR chapter 1.
H-100  Scope.
    This appendix provides uniform debarment and suspension procedures 
to be followed by all debarring and suspending officials.
H-101  Notification.
    Contractors will be notified of the proposed debarment or suspension 
in accordance with FAR 9.406-3 or 9.407-3. A copy of the record which 
formed the basis for the decision by the debarring and suspending 
official will be made available to the contractor. If there is a reason 
to withhold from the contractor any portion of the record, the 
contractor will be informed of what is withheld and the reasons for such 
withholding.
H-102  Nature of proceeding.
    There are two distinct proceedings which may be involved in the 
suspension or debarment process. The first is the presentation of 
matters in opposition to the suspension or proposed debarment by the 
contractor.
    The second is fact-finding which occurs only in cases in which the 
contractor's presentation of matters in opposition raises a genuine 
dispute over one or more material facts. In a suspension action based 
upon an indictment or in a proposed debarment action based upon a 
conviction or civil judgment, there will be no fact-filling proceeding 
concerning the matters alleged in the indictment, or the facts 
underlying the convictions or civil judgment. However, to the extent 
that the proposed action stems from the contractor's affiliation with an 
individual or firm indicted or convicted, or the subject of a civil 
judgment, fact-finding is permitted if a genuine dispute of fact is 
raised as to the question of affiliation as defined in FAR 9.403.
H-103  Presentation of matters in opposition.
    (a) In accordance with FAR 9.406-3(c) and 9.407-3(c), matters in 
opposition may be presented in person, in writing, or through a 
representative. Matters in opposition may be presented through any 
combination of the foregoing methods, but if a contractor desires to 
present matters in person or through a representative, any written 
material should be delivered at least 5 working days in advance of the 
presentation. Usually, all matters in opposition are presented in a 
single proceeding. A contractor who becomes aware of a pending 
indictment or allegations of wrongdoing that the contractor believes may 
lead to suspension or debarment action may contact the debarring and 
suspending official or designee to provide information as to the 
contractor's present responsibility.
    (b) An in-person presentation is an informal meeting, nonadversarial 
in nature. The debarring and suspending official and/or other agency 
representatives may ask questions of the contractor or its 
representative making the presentation. The contractor may select the 
individuals who will attend the meeting on the contractor's behalf; 
individual respondents or principals of a business firm respondent may 
attend and speak for themselves.
    (c) In accordance with FAR 9.406-3(c) and 9.407-3(c), the contractor 
may submit matters in opposition within 30 days from receipt of the 
notice of suspension or proposed debarment.
    (d) The opportunity to present matters in opposition to debarment 
includes the opportunity to present matters concerning the duration of 
the debarment.
H-104  Fact-finding.
    (a) The debarring and suspending official will determine whether the 
contractor's presentation has raised a genuine dispute of material 
fact(s). If the debarring and suspending official has decided against 
debarment or continued suspension, or the provisions of FAR 9.4 preclude 
fact-finding, no fact-finding will be conducted. If the debarring and 
suspending official has determined a genuine dispute of material fact(s) 
exists, a designated fact-finder will conduct the fact-finding 
proceeding. The proceeding before the fact-finder will be limited to a 
finding of the facts in dispute as determined by the debarring and 
suspending official.
    (b) The designated fact-finder will establish the date for a fact-
finding proceeding, normally to be held within 45 working days of the 
contractor's presentation of matters in opposition. An official record 
will be made of the fact-finding proceeding.
    (c) The Government's representative and the contractor will have an 
opportunity to

[[Page 281]]

present evidence relevant to the facts at issues. The contractor may 
appear in person or through a representative in the fact-finding 
proceeding.
    (d) Neither the Federal Rules of Evidence nor the Federal Rules of 
Civil Procedure govern fact-finding. Hearsay evidence may be presented 
and will be given appropriate weight by the fact-finder.
    (e) Witnesses may testify in person. Witnesses will be reminded of 
the official nature of the proceeding and that any false testimony given 
is subject to criminal prosecution. Witnesses are subject to cross-
examination.
H-105  Timing requirements.
    All timing requirements set forth in these procedures may be 
extended by the debarring and suspending official for good cause.
H-106  Subsequent to fact-finding.
    (a) Written findings of fact will be prepared by the fact-finder as 
mandated by FAR 9.406-3(d)(2)(i) and 9.407-3(d)(2)(i).
    (b) The fact-finder will determine the disputed fact(s) by a 
preponderance of the evidence. A copy of the findings of fact will be 
provided to the debarring and suspending official, the Government's 
representative, and the contractor.
    (c) The debarring and suspending official will determine whether to 
continue the suspension or to debar the contractor based upon the entire 
administrative record, including the findings of fact.
    (d) Prompt written notice of the debarring and suspending official's 
decision will be sent to the contractor and any affiliates involved, in 
compliance with FAR 9.406-3(e) and 9.407-3(d)(4).

[59 FR 27700, May 27, 1994]

   Appendix I--Policy and Procedures for the DOD Pilot Mentor-Protege 
                                 Program

Sec.
I-100  Purpose.
I-101  Definitions.
    I-101.1  Emerging SDB concern.
    I-101.2  Historically black college or university.
    I-101.3  Minority institution of higher education.
I-102  General procedures.
I-103  Program duration.
I-104  Eligibility requirements for a protege firm.
I-105  Selection of protege firms.
I-106  Approval process for companies to participate in the Program as 
          mentor firms.
I-107  Mentor-protege agreements.
I-108  Reimbursement procedures.
I-109  Credit for unreimbursed developmental assistance costs.
I-110  Advance agreements on the treatment of developmental assistance 
          costs.
I-111  Reporting requirements and program reviews.

    Authority; 41 U.S.C. 421 and 48 CFR chapter 1.
I-100  Purpose.
    (a) Appendix I to 48 CFR chapter 2 implements the Pilot Mentor-
Protege Program (hereinafter referred to as the ``Program'') established 
under section 831 of Pub. L. 101-510, The National Defense Authorization 
Act for Fiscal Year 1991, as amended. The purpose of the Program is to--
    (1) Provide incentives to major DoD contractors, performing under at 
least one active approved subcontracting plan negotiated with DoD or 
other Federal agencies, to assist small disadvantaged businesses (SDBs) 
in enhancing their capabilities to satisfy DoD and other contract and 
subcontract requirements;
    (2) Increase the overall participation of SDBs as subcontractors and 
suppliers and DoD contracts, other Federal agency contracts and 
commercial contracts and;
    (3) Foster the establishment of long term business relationships 
between SDBs and such contractors.
    (b) Under the Program, eligible companies approved as mentor firms 
will enter into mentor-protege agreements with eligible SDBs as protege 
firms to provide appropriate developmental assistance to enhance the 
capabilities of SDBs to perform as subcontractors and suppliers. 
According to the law, the DoD may provide the mentor firm with either 
cost reimbursement, credit against SDB subcontracting goals established 
under contracts with DoD or other Federal agencies, or a combination of 
credit and reimbursement.
    (c) DoD will measure the overall success of the Program by the 
extent to which the Program results in--
    (1) An increase in the dollar value of subcontracts awarded to SDBs 
by mentor firms under DoD contracts;
    (2) An increase in the dollar value of contract and subcontract 
awards to protege firms (under DoD contracts, contracts awarded by other 
Federal agencies and under commercial contracts) since the date of their 
entry into the Program;
    (3) An increase in the number and dollar value of subcontracts 
awarded to a protege firm (or former protege firm) by its mentor firm 
(or former mentor firm);
    (4) An improvement in the participation of SDBs in DoD, other 
Federal agencies, and commercial contracting opportunities that can be 
attributed to the development of SDBs as protege firms under the 
Program;

[[Page 282]]

    (5) An increase in subcontracting with SDB concerns in industry 
categories where SDBs have not traditionally participated within the 
mentor firm's vendor base;
    (6) The involvement of emerging SDBs in the Program;
    (7) An expanded relationship between mentor firms and protege firms 
to include non-DoD programs; and
    (8) The development of protege firms that are competitive as 
subcontractors and suppliers to DoD or in other Federal agencies or 
commercial markets.
    (d) This policy sets forth the procedures for participation in the 
Program applicable to companies that are interested in receiving--
    (1) A separate contract, cooperative agreement, or other agreement 
entered into between DoD and the mentor firm--company is interested in 
reimbursement through a separate contract, cooperative agreement or 
other agreement with DoD or, a combination of reimbursement through such 
agreement with DoD and credit against SDB subcontract goals for any 
unreimbursed costs incurred under the Program.
    (2) Program Manager funded reimbursement--company has identified a 
DoD program manager willing to fund the Program and the company is 
interested in reimbursement for technical assistance costs to a protege 
firm(s) through a separately priced cost reimbursement contract line 
item added to a DoD contract, with credit against SDB subcontracting 
goals for any unreimbursed costs.
    (3) Indirect reimbursement and credit--company is interested in 
receiving reimbursement for indirect costs incurred under the Program as 
well as credit against SDB subcontract goals for these indirect costs.
    (4) Credit only--company is interested in receiving credit only 
against SDB subcontracting goals for costs incurred under the Program.
I-101  Definitions.
I-101.1  Emerging SDB concern.
    A small disadvantaged business whose size is no greater than 50 
percent of the numerical size standard applicable to the standard 
industrial code for the supplies or services which the protege firm 
provides or would provide to the mentor firm.
I-101.2  Historically black college or university.
    An institution determined by the Secretary of Education to meet the 
requirements of 34 CFR 608.2. The term also means any nonprofit research 
institution that was an integral part of such a college or university 
before November 14, 1986.
I-101.3  Minority institution of higher education.
    An institution meeting the requirements of Section 1046(3) of the 
Higher Education Act of 1965 (20 U.S.C. 1135d-5(3). The term also 
includes Hispanic-serving institutions as defined in Section 316(b)(1) 
of such Act (20 U.S.C. 1059c(b)(1)).
I-102  General Procedures.
    (a) At any time between October 1, 1991, and September 30, 1996, 
companies interested in becoming mentor firms that want to take credit 
only for costs incurred for providing developmental assistance to one or 
more protege firms, or receive credit and reimbursement of indirect 
costs incurred under the Program, must apply to the DoD for 
participation in the Program pursuant to the application process set 
forth at I-106(a).
    (b) At any time between October 1, 1991, and September 30, 1996, 
companies interested in becoming mentor firms that are able to identify 
funding from a DoD contract program manager(s) to provide developmental 
assistance to one or more protege firms must apply to the DoD for 
participation in the Program, pursuant to the application process set 
forth at I-106(d).
    (c) Once funding is made available by DoD, companies that are 
interested in becoming mentor firms that want to receive reimbursement 
only or a combination of reimbursement and credit for providing 
developmental assistance to one or more protege firms by either a 
separate contract, cooperative agreement or other agreement awarded for 
that purpose, will be solicited for participation in the Program through 
a program solicitation. The Program solicitation will be issued by DoD 
and will contain, among other things, the statement of work and the 
evaluation factors upon which award will be based. Companies seeking 
reimbursement only, or a combination of reimbursement and credit, must 
respond to the solicitation and will be evaluated on the quality of the 
proposed developmental assistance program for each protege, in 
accordance with the evaluation factors contained in the solicitation. 
Awards will be made by DoD to approved mentor firms, to provide the 
proposed developmental assistance to one or more identified protege 
firms.
I-103  Program duration.
    Activities under the Program may only occur during the following 
periods:
    (a) From October 1, 1991, until September 30, 1996, companies may 
apply for participation in the Program as mentor firms pursuant to I-
102, General Procedures, and once approved, may enter into mentor-
protege agreements, pursuant to I-107, Mentor-Protege Agreements.

[[Page 283]]

    (b) From October 1, 1991, until September 30, 1996, mentor firm's 
costs of providing developmental assistance to its protege firm may be 
reimbursed only if--
    (1) Such costs are incurred after either a separate contact, 
cooperative agreement, or other agreement is entered into between DoD 
and the mentor firm;
    (2) The funding for such costs have been identified by a DoD program 
manager and such costs are incurred pursuant to the execution of a 
separately priced contract line item added to a DoD contract(s); to
    (3) Such costs are included in indirect expense pools.
    (c) From October 1, 1991, until September 30, 1999, mentor firms may 
receive credit toward the attainment of such firm's goals for 
subcontract awards to SDBs for unreimbursed costs incurred in providing 
developmental assistance to its protege firms, only if such costs are 
incurred pursuant to an approved mentor-protege agreement.
I-104  Eligibility requirements for a protege firm.
    (a) An entity may qualify as a protege firm if it is--
    (1) An SDB concern as defined by section 8(d)(3)(C) of the Small 
Business Act (15 U.S.C. 637(D)(3)(C)) which is--
    (i) Eligible for the award of Federal contracts; and
    (ii) A small business according to the SBA size standard for the 
Standard Industrial Classification (SIC) code which represents the 
contemplated supplies or services to be provided by the protege firm to 
the mentor firm;
    (2) A business entity that meets the criteria in (a)(1) of this 
section and is owned and controlled by either an Indian tribe as defined 
by section 8(a)(13) of the Small Business Act (15 U.S.C. 637(a)(13)) or 
a Native Hawaiian Organization as defined by section 8(a)(15) of the 
Small Business Act (15 U.S.C. 637(a)(15)); or
    (3) A qualified organization employing the severely disabled as 
defined in Pub. L. 102-172, section 8064A.
    (b) A protege firm may self-certify to a mentor firm that it meets 
the eligibility requirements in paragraphs I-104(a)(1), (2), or (3). 
Mentor firms may rely in good faith on a written representation that the 
entity meets the requirements of paragraphs I-104(a) (1), (2), or (3).
    (c) A protege firm may have only one active mentor-protege 
agreement.
I-105  Selection of protege firms.
    (a) Mentor firms will be solely responsible for selecting protege 
firms. Mentor firms are encouraged to identify and select protege firms 
that are defined as emerging SDB concerns.
    (b) The selection of protege firms by mentor firms may not be 
protested, except as in I-105(c).
    (c) In the event of a protest regarding the size or disadvantaged 
status of an entity selected to be a protege firm as defined in either 
paragraph I-104(a)(1) or (2), the mentor firm shall refer the protest to 
the Small Business Administration (SBA) to resolve in accordance with 13 
CFR part 121 (with respect to size) or 13 CFR part 124 (with respect to 
disadvantaged status).
    (d) For purposes of the Small Business Act, no determination of 
affiliation or control (either direct or indirect) may be found between 
a protege firm and its mentor firm on the basis that the mentor firm has 
agreed to furnish (or has furnished) to its protege firm pursuant to a 
mentor-protege agreement any form of developmental assistance described 
in paragraph I-107(f).
    (e) If at any time pursuant to paragraph I-105(c), the protege firm 
is determined by the SBA not to be a small disadvantaged business 
concern, assistance furnished such business concern by the mentor firm 
after the date of the determination, may not be considered assistance 
furnished under the program.
I-106  Approval process for companies to participate in the Program as 
mentor firms.
    (a) On or after October 1, 1991, a company that is interested in 
becoming a mentor firm that is seeking credit only against SDB 
subcontracting goals for costs incurred under the Program, or 
reimbursement of developmental assistance costs via inclusion of program 
costs in indirect expense pools and credit for such costs, must submit a 
request to the DoD, OUSD(A&T)SADBU to be approved as a mentor firm under 
the Program. The request will be evaluated on the extent to which the 
company's proposal addresses the items listed in paragraphs (b) and (c) 
of this section. To the maximum extent possible, the request should be 
limited to not more than 10 pages, single spaced. A company may identify 
more than one protege in its request for approval under the Program. The 
information required in paragraphs I-106(b) and (c) must be submitted to 
be considered for approval as a mentor firm, and may cover one or more 
proposed mentor-protege relationships.
    (b) A company must indicate whether it is interested in 
participating in the Program pursuant to paragraph I-100(d), (2), (3), 
or (4), and submit the following information:
    (1) A statement that the company is currently performing under at 
least one active approved subcontracting plan negotiated with DoD or 
another Federal agency pursuant to FAR 19.702, and that the company is

[[Page 284]]

currently eligible for the award of Federal contracts.
    (2) The number of proposed mentor-protege relationships covered by 
the request for approval as a mentor firm.
    (3) A summary of the company's historical and recent activities and 
accomplishments under their SDB program.
    (4) The total dollar amount of DoD contracts and subcontracts 
received by the company during the two preceding fiscal years (show 
prime contracts and subcontracts separately per year).
    (5) The total dollar amount of all other federal agency contracts 
and subcontracts received by the company during the two preceding fiscal 
years (show prime contracts and subcontracts separately per year).
    (6) The total dollar amount of subcontracts awarded by the company 
under DoD contracts during the two preceding fiscal years.
    (7) The total dollar amount of subcontracts awarded by the company 
under all other Federal agency contracts during the two preceding fiscal 
years.
    (8) The total dollar amount and percentage of subcontract awards 
made to all SDB firms under DoD contracts and other Federal agency 
contracts during the two preceding fiscal years (show DoD separately). 
If presently required to submit a SF 295, provide copies of the two 
preceding years end reports.
    (9) The number and total dollar amount of subcontract awards made to 
the identified protege firm(s) during the two preceding fiscal years (if 
any). Show DoD subcontract awards and other Federal agency subcontract 
awards separately.
    (c) In addition to the information required in paragraph I-106(b), 
companies must submit the following information for each proposed 
mentor-protege relationship:
    (1) Information on the company's ability to provide developmental 
assistance to the identified protege firm and how that assistance will 
potentially increase subcontracting opportunities in industry categories 
where SDBs are not dominant in the company's vendor base.
    (2) A letter of intent indicating that both the mentor firm and the 
protege firm will negotiate a mentor-protege agreement. The letter of 
intent must be signed by both parties and contain the following 
information:
    (i) The name, address, and telephone number of both parties.
    (ii) The protege firm's business classification, based upon the SIC 
code(s) which represents the contemplated supplies or services to be 
provided by the protege firm to the mentor firm.
    (iii) A statement that the protege firm meets the eligibility 
criteria in either paragraph I-104(a)(1), (2) or (3).
    (iv) A preliminary assessment of the developmental needs of the 
protege firm and the proposed developmental assistance the mentor firm 
envisions providing the protege firm to address those needs and enhance 
the protege firm's ability to perform successfully under contracts or 
subcontracts with DoD, other federal agencies and commercial contracts.
    (v) An estimate of the dollar amount and type of subcontracts that 
will be awarded by the mentor firm to the protege firm, and the period 
of time over which they will be awarded.
    (vi) Information as to whether the protege firm's development will 
be concentrated on a single major system, a service or supply program, 
research and development programs, initial production, mature systems, 
or in the mentor firm's overall contract base.
    (3) An estimate of the cost of the developmental assistance program 
and the period of time over which the assistance will be provided.
    (d) A company that has identified Program funds to be made available 
through a DoD program manager must provide: the information in 
paragraphs I-106(b) and (c) to the appropriate program manager and to 
the OUSD(A&T)SADBU, with a letter signed by the appropriate program 
manager indicating the amount of funding that has been identified for 
the developmental assistance program.
    (e) Companies seeking credit only for the cost of developmental 
assistance, reimbursement of program costs via their inclusion in 
indirect expense pools and credit for such costs, or reimbursement with 
funds made available by a DoD program manager, shall submit four copies 
of the information specified in paragraphs I-106(b) and (c) to: DoD, 
OUSD(A&T)SADBU, 3061 Defense Pentagon, Washington, DC. 20301-3061, Attn: 
Pilot Mentor-Protege Program Manager. Upon receipt of this information, 
OUSD(A&T)SADBU will review and evaluate each request and, to the maximum 
extent possible, within 30 days advise each applicant of approval or 
rejection of its request to become a mentor firm.
    (f) Companies interested in reimbursement of costs of a 
developmental assistance program through either a separate contract, 
cooperative agreement, or other agreement awarded for that purpose will 
be solicited to provide the information in paragraphs I-106(b) and (c) 
as well as any other information specified in the program solicitation.
    (g) A company approved as a mentor firm for credit only, for 
reimbursement through funds made available by a DoD program manager, or 
for reimbursement via inclusion of program costs in indirect expense 
pools and credit for such costs, may proceed with the negotiation of the 
mentor-protege agreement with the identified protege firm(s).
    (h) Companies that apply for participation in the program pursuant 
to paragraph I-106(e) and are not approved, will be provided

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the reasons and an opportunity to submit additional information for 
reconsideration.
    (i) A company may not be approved for participation in the Program 
as a mentor firm if at the time of requesting participation in the 
Program it is currently debarred or suspended from contracting with the 
Federal government pursuant to FAR subpart 9.4.
    (j) If the mentor firm is suspended or debarred while performing 
under an approved mentor-protege agreement, the mentor firm--
    (1) May continue to provide assistance to its protege firms pursuant 
to approved mentor-protege agreements entered into prior to the 
imposition of such suspension or debarment;
    (2) May not be reimbursed or take credit for any costs of providing 
developmental assistance to its protege firm, incurred more than 30 days 
after the imposition of such suspension or debarment; and
    (3) Shall promptly give notice of its suspension or debarment to its 
protege firm and OUSD(A&T)SADBU.
I-107  Mentor-protege agreements.
    (a) A signed mentor-protege agreement for each mentor-protege 
relationship identified under I-106(b)(2) must be submitted to 
OUSD(A&T)SADBU and approved before developmental assistance costs may be 
incurred. To the maximum extent possible, such mentor-protege agreements 
will be approved within five business days of receipt.
    (b) Each signed mentor-protege agreement submitted for approval 
under the Program shall include--
    (1) The name, address and telephone number of the mentor firm and 
the protege firm and a point of contact within the mentor firm who will 
administer the developmental assistance program;
    (2) The SIC code which represents the contemplated supplies or 
services to be provided by the protege firm to the mentor firm and a 
statement that at the time the agreement is submitted for approval, the 
protege firm, if an SDB concern, does not exceed the size standard for 
the appropriate SIC code.
    (3) A developmental program for the protege firm specifying the type 
of assistance identified in paragraph I-107(f) that will be provided. 
The developmental program shall also include--
    (i) Factors to assess the protege firm's developmental progress 
under the Program including milestones for providing the identified 
assistance; and
    (ii) The anticipated number, dollar value, and type of subcontracts 
to be awarded the protege firm consistent with the extent and nature of 
mentor firm's business, and the period of time over which they will be 
awarded.
    (iii) The dollar value of the technical assistance program broken 
out per year.
    (4) A program participation term for the protege firm which shall 
not exceed nine years.
    (5) Procedures for the mentor firm to notify the protege firm in 
writing at least 30 days in advance of the mentor firm's intent to 
voluntarily withdraw its participation in the Program. Mentor firms may 
only voluntarily terminate the mentor-protege agreement(s) if they no 
longer want to be a participant in the Program as a mentor firm. 
Otherwise, a mentor firm must terminate a mentor-protege agreement for 
cause.
    (6) Procedures for a protege firm to notify the mentor firm in 
writing at least 30 days in advance of the protege firm's intent to 
voluntarily terminate the mentor-protege agreement.
    (7) Procedures for the mentor firm to terminate the mentor-protege 
agreement for cause which provide--
    (i) The protege firm shall be furnished a written notice of the 
proposed termination, stating the specific reasons for such action, at 
least 30 days in advance of the effective date of such proposed 
termination.
    (ii) The protege firm shall have 30 days to respond to such notice 
of proposed termination, and may rebut any findings believed to be 
erroneous and offer a remedial program.
    (iii) Upon prompt consideration of the protege firm's response, the 
mentor firm shall either withdraw the notice of proposed termination and 
continue the protege firm's participation, or issue the notice of 
termination.
    (iv) The decision of the mentor firm regarding termination for 
cause, conforming with the requirements of this section, shall be final 
and is not reviewable by DoD.
    (8) Additional terms and conditions as may be agreed upon by both 
parties.
    (c) Mentor firms shall send a copy of any termination notices to the 
DoD, OUSD(A&T)SADBU, and where funding is made available through a DoD 
program manager, also provide a copy to the program manager and to the 
appropriate PCO of ACO.
    (d) Termination of a mentor-protege agreement shall not impair the 
obligations of the mentor firm to perform pursuant to its contractual 
obligations under Government contracts and subcontracts. Termination of 
all or part of the mentor-protege agreement shall not impair the 
obligations of the protege firm to perform pursuant to its contractual 
obligations under any contract awarded to the protege firm by the mentor 
firm.
    (e) Only developmental assistance provided after the DoD approval of 
the mentor-protege agreement may be reimbursed.
    (f) The mentor-protege agreement may provide for the mentor firm to 
furnish any or

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all of the types of developmental assistance as follows:
    (1) Assistance by mentor firm personnel in--
    (i) General business management, including organizational 
management, financial management, and personnel management, marketing, 
business development, and overall business planning;
    (ii) Engineering and technical matters such as production inventory 
control, quality assurance; and
    (iii) Any other assistance designed to develop the capabilities of 
the protege firm under the development program.
    (2) Award of subcontracts under DoD contracts or other contracts on 
a non-competitive basis.
    (3) Payment of progress payments for the performance of subcontracts 
by a protege firm in amounts as provided for in the subcontract; but in 
no event may any such progress payment exceed 100 percent of the costs 
incurred by the protege firm for the performance of the subcontract. 
Provision of progress payments by a mentor firm to a protege firm at a 
rate other than the customary rate for small disadvantaged businesses 
shall be implemented in accordance with FAR 32.504(c).
    (4) Advance payments under such subcontracts. Advance payments must 
be administered by the mentor firm in accordance with FAR subpart 32.4.
    (5) Loans.
    (6) Investment(s) in the protege firm in exchange for an ownership 
interest in the protege firm, not to exceed 10 percent of the total 
ownership interest. Investments may include but not be limited to cash, 
stock, contributions in kind, etc.
    (7) Assistance obtained by the mentor firm for the protege firm from 
one or more of the following:
    (i) Small Business Development Centers (SBDC) established pursuant 
to section 21 of the Small Business Act (15 U.S.C. 648).
    (ii) Entities providing procurement technical assistance pursuant to 
chapter 142 of Title 10 U.S.C. (Procurement Technical Assistance 
Centers.)
    (iii) Historically Black Colleges and Universities.
    (iv) Minority institutions of higher education.
    (g) A mentor firm may not require an SDB concern to enter into a 
mentor-protege agreement as a condition for being awarded a contract by 
the mentor firm including a subcontract under a DoD contract awarded to 
the mentor firm.
I-108  Reimbursement procedures.
    (a) A mentor firm may be reimbursed only for the cost of 
developmental assistance incurred by the mentor firm and provided to a 
protege firm under I-107(f) (1) and (7), and pursuant to an approved 
mentor-protege agreement. Reimbursement shall be made only through 
either a separate contract, cooperative agreement, or other agreement 
entered into between the DoD and the mentor firm awarded for the purpose 
of providing developmental assistance to one or more protege firms; a 
separately priced contract line item in a DoD contract; or inclusion of 
program costs in indirect expense pools. No other means for the 
reimbursement of the costs of developmental assistance provided under I-
107(f) (1) and (7) are authorized under the Program.
    (b) Costs reimbursed via inclusion in indirect expense pools may be 
reimbursed only to the extent that they are otherwise reasonable, 
allocable, and allowable.
    (c) Assistance provided in the form of progress payments in excess 
of the customary progress payment rate for SDBs, shall be reimbursed 
only if implemented in accordance with FAR 32.504(c).
    (d) Assistance provided in the form of advance payments shall be 
reimbursed only if they have been provided to a protege firm under 
subcontract terms and conditions similar to FAR 52.232-12. Reimbursement 
of any advance payments shall be made pursuant to the inclusion of DFARS 
252.232-7008, Reimbursement of Advance Payments--DoD Pilot Mentor-
Protege Program, in appropriate contracts. In requesting reimbursement, 
the mentor firm agrees that the risk of any financial loss due to the 
failure or inability of a protege firm to repay any unliquidated advance 
payments shall be the sole responsibility of the mentor firm.
    (e) No other forms of developmental assistance are authorized for 
reimbursement under the Program.
I-109  Credit for unreimbursed developmental assistance costs.
    (a) Developmental assistance costs incurred by a mentor firm for 
providing assistance to a protege firm pursuant to an approved mentor 
protege agreement, which have not been reimbursed through either a 
separate contract, cooperative agreement, or other agreement entered 
into between DoD and the mentor firm, or through a separately priced 
contract line item added to a DoD contract, may be credited as if it 
were a subcontract award for determining the performance of such mentor 
firm in attaining an SDB subcontracting goal(s) established under any 
contract containing a subcontracting plan pursuant to FAR 52.219-9.
    (b) For crediting purposes only, costs that have been reimbursed via 
inclusion in indirect expense pools may also be credited as subcontract 
awards for determining the performance of such mentor firm in attaining 
an SDB subcontracting goal(s) established

[[Page 287]]

under any contract containing a subcontracting plan pursuant to FAR 
52.219-9. However, costs that have not been reimbursed because they are 
not reasonable, allocable, or allowable under I-108(b), shall not be 
recognized for crediting purposes.
    (c) Other costs that are not eligible for reimbursement pursuant to 
I-108(a) may be recognized for credit only if requested, identified, and 
incorporated in an approved mentor-protege agreement. Such costs are not 
eligible for reimbursement.
    (d) The amount of credit a mentor firm may receive for any such 
unreimbursed developmental assistance costs shall be equal to--
    (1) Four times the total amount of such costs attributable to 
assistance provided by small business development centers (SBDC), 
historically black colleges and universities (HBCU), minority 
institutions (MI), and procurement technical assistance centers (PTAC).
    (2) Three times the total amount of such costs attributable to 
assistance furnished by the mentor's employees.
    (3) Two times the total amount of other such costs incurred by the 
mentor in carrying out the developmental assistance program.
    (e) A mentor firm may receive credit toward the attainment of an SDB 
subcontracting goal(s) for each subcontract awarded for a product or a 
service by the mentor firm to an entity that qualifies as a protege firm 
pursuant to I-104(a). With respect to a former SDB protege (firm(s), a 
mentor may take credit for awards to such concern(s) that, except for 
its size would be a small business concern owned and controlled by 
socially and economically disadvantaged individuals, but only if--
    (1) The size of such business concern is not more than two times the 
appropriate size standard;
    (2) The business concern formerly had a mentor-protege agreement 
with such mentor firm that was not terminated for cause; and
    (3) The credit is taken not later than October 1, 1999.
    (f) Amounts credited toward the SDB goal(s) for unreimbursed costs 
under the Program shall be separately identified from the amounts 
credited toward the goal resulting from the award of actual subcontracts 
to protege firms. The combination of the two shall equal the mentor 
firm's overall accomplishment toward the SDB goal(s).
    (g) Adjustments may be made to the amount of credit claimed under 
paragraphs I-109(a) and (b) if the DoD Director of Small and 
Disadvantaged Business Utilization determines that--
    (1) A mentor firm's performance in the attainment of its SDB 
subcontracting goals through actual subcontract awards declined from the 
prior fiscal year without justifiable cause.
    (2) Imposition of such a limitation on credit appears to be 
warranted to prevent abuse of this incentive for mentor firm's 
participation in the Program.
    (h) The mentor firm shall be afforded the opportunity to explain the 
decline in SDB participation before imposition of any such limitation on 
credit. In making the final decision to impose a limitation on credit, 
the DoD Director shall consider--
    (1) The mentor firm's overall SDB participation rates (in terms of 
percentages of subcontract awards and dollars awarded) as compared to 
the participation rates existing during the two fiscal years prior to 
the firm's admission to the Program;
    (2) The mentor firm's aggregate prime contract awards during the 
prior two fiscal years and the total amount of subcontract awards under 
such contracts; and
    (3) Such other information the mentor firm may wish to submit.
    (i) The decision of the Director regarding the imposition of a 
limitation on credit shall be final.
    (j) Any prospective limitation on credit imposed by the Director 
shall be expressed as a percentage of otherwise eligible credit and 
shall apply beginning on a specific date in the future and continue 
until a date certain during the current fiscal year.
    (k) Any retroactive limitation on credit imposed by the Director 
shall reflect the actual costs incurred for developmental assistance 
(not exceeding the maximum amount reimbursed).
    (l) For purposes of calculating any incentives to be paid to a 
mentor firm for exceeding an SDB subcontracting goal pursuant to 
252.219-7009, incentives shall be paid only if an SDB subcontracting 
goal has been exceeded as a result of actual subcontract awards to SDBs 
(excluding credit under paragraphs I-109 (a), (b) and (c)).
    (m) Developmental assistance costs that are incurred pursuant to an 
approved mentor-protege agreement, and have been charged to, but not 
reimbursed through a separate contract, cooperative agreement, or other 
agreement entered into between the DoD and the mentor firm, or through a 
separately priced contract line item added to a DoD contract, shall not 
be otherwise reimbursed, either as a direct or indirect cost, under any 
other DoD contract, irrespective of whether the costs have been 
recognized for credit against SDB subcontracting goals.
    (n) Developmental assistance provided under an approved mentor-
protege agreement is distinct from, and shall not duplicate, any effort 
that is the normal and expected product of the award and administration 
of the mentor firm's subcontract. Costs associated with the latter shall 
be accumulated and charged in accordance with the

[[Page 288]]

contractor's approved accounting practices; they are not considered 
developmental assistance costs eligible for either credit or 
reimbursement under the Program.
I-110  Advance agreements on the treatment of developmental assistance 
costs.
    Pursuant to FAR 31.109, approved mentor firms seeking reimbursement, 
credit, or a combination thereof, are strongly encouraged to enter into 
an advance agreement with the contracting officer responsible for 
determining final indirect cost rates under FAR 42.705. The purpose of 
the advance agreement is to establish the accounting treatment of the 
costs of the development assistance pursuant to the mentor-protege 
agreement prior to the incurring of any costs by the mentor firm. An 
advance agreement is an attempt by both the Government and the mentor 
firm to avoid possible subsequent dispute based on questions related to 
reasonableness, allocability, or allowability of the costs of 
developmental assistance under the Program. Absent an advance agreement, 
mentor firms are advised to establish the accounting treatment of such 
costs and address the need for any changes to their cost accounting 
practices that may result from the implementation of a mentor-protege 
agreement, prior to incurring any costs, and irrespective of whether 
costs will be reimbursed, credited or a combination thereof.
I-111  Reporting requirements and program reviews.
    (a) Mentor firms shall report on the progress made under active 
mentor-protege agreements semiannually by attaching to their SF 295--
    (1) A statement which includes--
    (i) The number of active mentor-protege agreements in effect; and
    (ii) The progress in achieving the developmental assistance 
objectives under each mentor-protege agreement, including whether the 
objectives of the Program set forth in I-100(c) were met, any problem 
areas encountered, and any other appropriate information.
    (2) A copy of the SF 294 for each contract where developmental 
assistance was credited, with a statement in Block 18 identifying--
    (i) The amount of dollars credited to the SDB subcontract goal as a 
result of developmental assistance provided to protege firms under the 
Program;
    (ii) An explanation as to the relationship between the developmental 
assistance provided the protege firm(s) under the Program and the 
activities under the contract covered by the SF 294(s); and
    (iii) The number and dollar value of subcontracts awarded to the 
protege firm(s), broken out per protege.
    (b) For commercial companies and companies participating in the DoD 
``Test Program for Negotiation of Comprehensive Small Business 
Subcontracting Plans,'' indicate in Block 16 of the SF 295--
    (1) The total dollars credited to the SDB goal as a result of 
developmental assistance provided to a protege firm(s) under the 
Program.
    (2) The total dollar amount of subcontracts awarded to the protege 
firm(s) broken our per protege.
    (c) The OUSD(A&T)SADBU will conduct periodic performance reviews of 
the progress and accomplishments realized under approved mentor-protege 
agreements.

[59 FR 27701, May 27, 1994, as amended at 61 FR 50458, Sept. 26, 1996]

[[Page 289]]



                              FINDING AIDS




  --------------------------------------------------------------------

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected


                                                                    Chap.

[[Page 291]]



                    Table of CFR Titles and Chapters



                   (Revised as of September 30, 1996)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
        IV  Miscellaneous Agencies (Parts 400--500)

                          Title 2--[Reserved]

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  General Accounting Office (Parts 1--99)
        II  Federal Claims Collection Standards (General 
                Accounting Office--Department of Justice) (Parts 
                100--299)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Advisory Committee on Federal Pay (Parts 1400--1499)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
       VII  Advisory Commission on Intergovernmental Relations 
                (Parts 1700--1799)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Part 2100)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Part 3202)
     XXIII  Department of Energy (Part 3301)

[[Page 292]]

      XXIV  Federal Energy Regulatory Commission (Part 3401)
      XXVI  Department of Defense (Part 3601)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Part 4301)
        XL  Interstate Commerce Commission (Part 5001)
       XLI  Commodity Futures Trading Commission (Part 5101)
       XLV  Department of Health and Human Services (Part 5501)
      XLVI  Postal Rate Commission (Part 5601)
     XLVII  Federal Trade Commission (Part 5701)
    XLVIII  Nuclear Regulatory Commission (Part 5801)
         L  Department of Transportation (Part 6001)
       LII  Export-Import Bank of the United States (Part 6201)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Part 6401)
       LIX  National Aeronautics and Space Administration (Part 
                6901)
        LX  United States Postal Service (Part 7001)
      LXII  Equal Employment Opportunity Commission (Part 7201)
     LXIII  Inter-American Foundation (Part 7301)
       LXV  Department of Housing and Urban Development (Part 
                7501)
      LXVI  National Archives and Records Administration (Part 
                7601)
      LXIX  Tennessee Valley Authority (Part 7901)
     LXXIV  Federal Mine Safety and Health Review Commission (Part 
                8401)
     LXXVI  Federal Retirement Thrift Investment Board (Part 8601)
    LXXVII  Office of Management and Budget (Part 8701)

                          Title 6--[Reserved]

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Consumer Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)

[[Page 293]]

      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy, Department of Agriculture (Parts 
                2900--2999)
       XXX  Office of Finance and Management, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  [Reserved]
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
     XXXIX  Economic Analysis Staff, Department of Agriculture 
                (Parts 3900--3999)
        XL  Economics Management Staff, Department of Agriculture 
                (Parts 4000--4099)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

[[Page 294]]

                    Title 8--Aliens and Nationality

         I  Immigration and Naturalization Service, Department of 
                Justice (Parts 1--499)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Meat and Poultry 
                Inspection, Department of Agriculture (Parts 300--
                399)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
        XI  United States Enrichment Corporation (Parts 1100--
                1199)
        XV  Office of the Federal Inspector for the Alaska Natural 
                Gas Transportation System (Parts 1500--1599)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Thrift Depositor Protection Oversight Board (Parts 
                1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700-1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

[[Page 295]]

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--499)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Export Administration, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

[[Page 296]]

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  United States Customs Service, Department of the 
                Treasury (Parts 1--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Employment Standards Administration, Department of 
                Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training, Department of Labor 
                (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)

[[Page 297]]

        II  Agency for International Development, International 
                Development Cooperation Agency (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  United States Information Agency (Parts 500--599)
        VI  United States Arms Control and Disarmament Agency 
                (Parts 600--699)
       VII  Overseas Private Investment Corporation, International 
                Development Cooperation Agency (Parts 700--799)
        IX  Foreign Service Grievance Board Regulations (Parts 
                900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Board for International Broadcasting (Parts 1300--
                1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)

[[Page 298]]

        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs and Section 202 Direct Loan Program) 
                (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--999)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3699)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Part 1001)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--799)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Bureau of Alcohol, Tobacco and Firearms, Department of 
                the Treasury (Parts 1--299)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--199)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)

[[Page 299]]

         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Programs, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Pension and Welfare Benefits Administration, 
                Department of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Minerals Management Service, Department of the 
                Interior (Parts 200--299)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of the Interior (Parts 300--399)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
        VI  Bureau of Mines, Department of the Interior (Parts 
                600--699)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)

[[Page 300]]

        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)
      XXIX  Presidential Commission on the Assignment of Women in 
                the Armed Forces (Part 2900)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)

[[Page 301]]

       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799)
        XI  National Institute for Literacy (Parts 1100-1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

                        Title 35--Panama Canal

         I  Panama Canal Regulations (Parts 1--299)

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
       XIV  Assassination Records Review Board (Parts 1400-1499)

             Title 37--Patents, Trademarks, and Copyrights

         I  Patent and Trademark Office, Department of Commerce 
                (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)

[[Page 302]]

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Rate Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--799)
         V  Council on Environmental Quality (Parts 1500--1599)

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans 
                Employment and Training, Department of Labor 
                (Parts 61-1--61-999)
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System
       201  Federal Information Resources Management Regulation 
                (Parts 201-1--201-99) [Reserved]
            Subtitle F--Federal Travel Regulation System
       301  Travel Allowances (Parts 301-1--301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Parts 303-1--303-2)
       304  Payment from a Non-Federal Source for Travel Expenses 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Health Care Financing Administration, Department of 
                Health and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

[[Page 303]]

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10005)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services, 
                General Administration (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  ACTION (Parts 1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
      XXII  Christopher Columbus Quincentenary Jubilee Commission 
                (Parts 2200--2299)
     XXIII  Arctic Research Commission (Part 2301)

[[Page 304]]

      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Saint Lawrence Seaway Development Corporation (Great 
                Lakes Pilotage), Department of Transportation 
                (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Department of Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  United States Information Agency (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)

[[Page 305]]

        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        35  Panama Canal Commission (Parts 3500--3599)
        44  Federal Emergency Management Agency (Parts 4400--4499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399)
        54  Defense Logistics Agency, Department of Defense (Part 
                5452)
        57  African Development Foundation (Parts 5700--5799)
        61  General Services Administration Board of Contract 
                Appeals (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Research and Special Programs Administration, 
                Department of Transportation (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Highway Administration, Department of 
                Transportation (Parts 300--399)
        IV  Coast Guard, Department of Transportation (Parts 400--
                499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)

[[Page 306]]

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Regulatory Agencies (Fishing and 
                Whaling) (Parts 300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

                      CFR Index and Finding Aids

            Subject/Agency Index
            List of Agency Prepared Indexes
            Parallel Tables of Statutory Authorities and Rules
            Acts Requiring Publication in the Federal Register
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR



[[Page 307]]





           Alphabetical List of Agencies Appearing in the CFR



                   (Revised as of September 30, 1996)

                                                  CFR Title, Subtitle or
                     Agency                               Chapter

ACTION                                            45, XII
Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Commission on Intergovernmental          5, VII
     Relations
Advisory Committee on Federal Pay                 5, IV
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Commodity Credit Corporation                    7, XIV
  Cooperative State Research, Education, and      7, XXXIV
       Extension Service
  Economic Analysis Staff                         7, XXXIX
  Economic Research Service                       7, XXXVII
  Economics Management Staff                      7, XL
  Energy, Office of                               7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Finance and Management, Office of               7, XXX
  Food and Consumer Service                       7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Alaska Natural Gas Transportation System, Office  10, XV
     of the Federal Inspector
Alcohol, Tobacco and Firearms, Bureau of          27, I
AMTRAK                                            49, VII

[[Page 308]]

American Battle Monuments Commission              36, IV
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Arms Control and Disarmament Agency, United       22, VI
     States
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Assassination Records Review Board                36, XIV
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase From People Who Are
Board for International Broadcasting              22, XIII
Census Bureau                                     15, I
Central Intelligence Agency                       32, XIX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Christopher Columbus Quincentenary Jubilee        45, XXII
     Commission
Civil Rights, Commission on                       45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Commerce Department                               44, IV
  Census Bureau                                   15, I`
  Economic Affairs, Under Secretary               37, V
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Export Administration, Bureau of                15, VII
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office                     37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology, Under Secretary for                 37, V
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Product Safety Commission                16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Customs Service, United States                    19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51

[[Page 309]]

  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Defense Mapping Agency                          32, I
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 2
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Mapping Agency                            32, I
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Under Secretary                 37, V
Economic Analysis, Bureau of                      15, VIII
Economic Analysis Staff                           7, XXXIX
Economic Development Administration               13, III
Economics Management Staff                        7, XL
Economic Research Service                         7, XXXVII
Education, Department of                          5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Vocational and Adult Education, Office of       34, IV
Educational Research and Improvement, Office of   34, VII
Elementary and Secondary Education, Office of     34, II
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             5, XXIII; 10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Enrichment Corporation, United States             10, XI
Environmental Protection Agency                   5, LIV; 40, I
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Administration, Office of                       5, XV
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                25, III, LXXVII; 48, 99
  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export Administration, Bureau of                  15, VII
Export-Import Bank of the United States           5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV

[[Page 310]]

Farm Service Agency                               7, VII, XVIII
Farmers Home Administration                       7, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               4, II
Federal Communications Commission                 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       11, I
Federal Emergency Management Agency               44, I
  Federal Acquisition Regulation                  48, 44
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II; 49, III
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Board                     12, IX
Federal Inspector for the Alaska Natural Gas      10, XV
     Transportation System, Office of
Federal Labor Relations Authority, and General    5, XIV; 22, XIV
     Counsel of the Federal Labor Relations 
     Authority
Federal Law Enforcement Training Center           31, VII
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Pay, Advisory Committee on                5, IV
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Property Management Regulations System    41, Subtitle C
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Finance and Management, Office of                 7, XXX
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Fishery Conservation and Management               50, VI
Fishing and Whaling, International Regulatory     50, III
     Agencies
Food and Drug Administration                      21, I
Food and Consumer Service                         7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Accounting Office                         4, I, II
General Services Administration
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Property Management Regulations System  41, 101, 105

[[Page 311]]

  Federal Travel Regulation System                41, Subtitle F
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Travel Allowances                               41, 301
Geological Survey                                 30, IV
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Great Lakes Pilotage                              46, III
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          5, XLV; 45, Subtitle A
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Health Care Financing Administration            42, IV
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Health Care Financing Administration              42, IV
Housing and Urban Development, Department of      5, LXV; 24, Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Human Development Services, Office of             45, XIII
Immigration and Naturalization Service            8, I
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Information Agency, United States                 22, V
  Federal Acquisition Regulation                  48, 19
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Intergovernmental Relations, Advisory Commission  5, VII
     on
Interior Department
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
     Secretary
[[Page 312]]

  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  Minerals Management Service                     30, II
  Mines, Bureau of                                30, VI
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            43, Subtitle A
  Surface Mining and Reclamation Appeals, Board   30, III
       of
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, Agency for             22, II
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
  International Development, Agency for           22, II; 48, 7
  Overseas Private Investment Corporation         5, XXXIII; 22, VII
International Investment, Office of               31, VIII
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Regulatory Agencies (Fishing and    50, III
     Whaling)
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                28, I
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             4, II
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration and Naturalization Service          8, I
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department
  Benefits Review Board                           20, VII
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Relations and Cooperative      29, II
       Programs, Bureau of
  Labor-Management Programs, Office of            29, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Pension and Welfare Benefits Administration     29, XXV
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training, Office of    41, 61; 20, IX
       the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Relations and Cooperative        29, II
     Programs, Bureau of
Labor-Management Programs, Office of              29, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II

[[Page 313]]

Management and Budget, Office of                  5, III, LXXVII; 48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II
Micronesian Status Negotiations, Office for       32, XXVII
Mine Safety and Health Administration             30, I
Minerals Management Service                       30, II
Mines, Bureau of                                  30, VI
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
National Aeronautics and Space Administration     5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National Archives and Records Administration      5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Bureau of Standards                      15, II
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National and Community Service, Corporation for   45, XXV
National Council on Disability                    34, XII
National Credit Union Administration              12, VII
National Drug Control Policy, Office of           21, III
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 49, V
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Labor Relations Board                    29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III
     Administration
National Transportation Safety Board              49, VIII
National Weather Service                          15, IX
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Nuclear Regulatory Commission                     5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Offices of Independent Counsel                    28, VI
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Panama Canal Commission                           48, 35
Panama Canal Regulations                          35, I
Patent and Trademark Office                       37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension and Welfare Benefits Administration       29, XXV

[[Page 314]]

Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Postal Rate Commission                            5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Commission on the Assignment of      32, XXIX
     Women in the Armed Forces
Presidential Documents                            3
Prisons, Bureau of                                28, V
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Regional Action Planning Commissions              13, V
Relocation Allowances                             41, 302
Research and Special Programs Administration      49, I
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Saint Lawrence Seaway Development Corporation     33, IV; 46, III
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     13, I
Smithsonian Institution                           36, V
Social Security Administration                    20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  22, I
  Federal Acquisition Regulation                  48, 6
Surface Mining and Reclamation Appeals, Board of  30, III
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV
Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Depositor Protection Oversight Board       12, XV
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     5, L
  Coast Guard                                     33, I; 46, I; 49, IV
  Commercial Space Transportation                 14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II; 49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II

[[Page 315]]

  National Highway Traffic Safety Administration  23, II, III; 49, V
  Research and Special Programs Administration    49, I
  Saint Lawrence Seaway Development Corporation   33, IV; 46, III
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
Transportation, Office of                         7, XXXIII
Travel Allowances                                 41, 301
Treasury Department                               5, XXI; 17, IV
  Alcohol, Tobacco and Firearms, Bureau of        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs Service, United States                  19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  International Investment, Office of             31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
United States Enrichment Corporation              10, XI
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training, Office of the  41, 61; 20, IX
     Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Vocational and Adult Education, Office of         34, IV
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I
World Agricultural Outlook Board                  7, XXXVIII

[[Page 317]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations which were 
made by documents published in the Federal Register since January 1, 
1986, are enumerated in the following list. Entries indicate the nature 
of the changes effected. Page numbers refer to Federal Register pages. 
The user should consult the entries for chapters and parts as well as 
sections for revisions.
For the period before January 1, 1986, see the ``List of CFR Sections 
Affected, 1973-1985,'' published in four separate volumes.

                                  1986

48 CFR
                                                                   51 FR
                                                                    Page
Chapter 2
Chapter 2  Revised.................................................46053
252.217-7242  Amended; interim.....................................28945
    Eff. 8-1-86....................................................29231
252.217-7270  Confirmed............................................19553
252.222-7002  Added; interim........................................4502
    Revised........................................................43355
252.223-7001  Added; interim.......................................28945
    Eff. 8-1-86....................................................29231
252.223-7002  Added; interim.......................................28946
    Eff. 8-1-86....................................................29231
    Introductory text corrected....................................31765
252.223-7003  Added; interim eff. to 9-30-88.......................42097
252.228-7007  Correctly removed....................................31765
252.232-7004  Amended; interim.....................................43211
252.232-7005  Added................................................13514
    Effective date corrected.......................................16042
    Added; interim.................................................43211
252.232-7006  Added................................................13514
    Effective date corrected.......................................16042
    Added; interim.................................................43212
252.232-7007  Added................................................13514
    Effective date corrected.......................................16042
    Corrected...............................................18587, 20651
    Added; interim.................................................43212
252.242-7003  Revised..............................................13518
    Technical correction...........................................16042
253.270  Amended; interim..........................................43210

                                  1987

48 CFR
                                                                   52 FR
                                                                    Page
Chapter 2
252.203-7001  Added................................................34789
252.203-7002  Added; interim.......................................12386
    Corrected......................................................19870
252.203-7003  Added................................................34387
252.204-7006  Added; interim eff. to 1-31-88........................4319
252.204-7007  Added................................................36421
252.205-7000  Added; interim.......................................12387
252.215-7001  Added; interim.......................................11277
    Introductory text corrected....................................13447
    Redesignated as 252.215-7002; new 252.215-7001 added...........26347
252.215-7002  Redesignated from 252.215-7001.......................26347
252.217-7220  Removed..............................................34789
252.217-7270  Amended.......................................11077, 34789
252.219-7005  Added; interim.......................................16267
    Correctly designated; heading and text corrected...............19871
    Correctly designated; text corrected...........................22415
252.219-7006  Added; interim.......................................16267
    Corrected......................................................19871
252.223-7003  added; interim eff. to 9-30-88.......................36775
252.225-7023  Added................................................49415
252.227-7013  Revised..............................................12405
    Corrected......................................................36423
252.227-7014--252.227-7015  Removed................................12405
252.227-7016  Revised..............................................12407
    Corrected......................................................36423

[[Page 318]]

252.227-7017  Revised..............................................12407
    Corrected......................................................36423
252.227-7018  Revised..............................................12407
    Corrected......................................................36423
252.227-7019  Revised..............................................12408
252.227-7020  Revised..............................................12408
    Corrected......................................................36423
252.227-7021  Revised..............................................12408
    Corrected......................................................36423
252.227-7022  Revised..............................................12408
252.227-7023  Revised..............................................12408
    Corrected......................................................36423
252.227-7024  Revised..............................................12409
    Corrected......................................................36423
252.227-7025  Revised..............................................12409
    Corrected......................................................36423
252.227-7026  Revised..............................................12411
    Corrected......................................................36423
252.227-7027  Revised..............................................12411
    Corrected......................................................36423
252.227-7028  Revised..............................................12411
252.227-7029  Revised..............................................12411
252.227-7030  Revised..............................................12411
252.227-7031  Revised..............................................12411
252.227-7032  Revised..............................................12411
252.227-7033  Revised..............................................12412
252.227-7034  Revised..............................................12412
252.227-7035  Added................................................12412
252.227-7036  Added................................................12412
252.227-7037  Added................................................12412
252.231-7001  Added.................................................5772
    Corrected......................................................23836
252.231-7002  Added.................................................5772
252.232-7005  Added; interim.......................................30369
252.232-7006  Added; interim.......................................30369
252.245-7000  Added; interim.......................................12390
    Removed........................................................49415
253.204-70  Added..................................................36421
253.270  Amended; final............................................28716
    Amended.................................................33415, 39536
Chapter 2  Unpublished DAR Supplement No. 3 amended................39536
Chapter 2  Unpublished DAR Supplement No. 6 amended................34789

                                  1988

48 CFR
                                                                   53 FR
                                                                    Page
Chapter 2
252  Technical correction..........................................44975
252.203-7001  (b) amended..........................................38184
252.203-7002  Addition confirmed and amended.......................38239
252.204-7004  Introductory text amended............................34104
252.204-7005  Revised..............................................34104
    (a) amended....................................................50417
252.204-7006  Addition confirmed...................................38176
    Removed........................................................38248
252.204-7007  Introductory text amended............................34104
    Introductory text corrected....................................50417
252.204-7008  Added................................................51561
252.205-7000  Addition confirmed; amended..........................10250
    Addition confirmed.............................................38196
    Amended........................................................38239
252.208-7006  Added; interim.......................................29334
252.209-7000  Added................................................38196
252.209-7001  Added................................................20632
252.210-7001  Heading and text amended.............................38176
252.210-7002  Heading and text amended.............................38176
252.210-7005  Added................................................35202
252.214-7000  Removed..............................................38176
252.214-7001  Added................................................38176
252.215-7002  Addition confirmed...................................38176
252.215-7003  Added.................................................8910
    Corrected......................................................11073
252.217-7129  Removed..............................................38248
252.217-7264  Amended..............................................38248
252.219-7000  Revised; interim......................................5128
    Revision confirmed.............................................20630
    Amended........................................................20630
    Correctly designated...........................................22609
252.219-7005  Revised; interim......................................5129
    Revision confirmed.............................................20630
    Amended........................................................20631
252.219-7006  Revised; interim......................................5129
    Revision confirmed.............................................20630
    Amended........................................................20631
252.219-7007  Added; interim........................................5129
    Addition confirmed.............................................20630
    Heading and text amended.......................................20631
    Heading corrected..............................................50417
252.219-7008  Added; interim........................................5129
    Addition confirmed.............................................20630
    Removal; interim...............................................20631
    Regulation at 53 FR 20626 confirmed............................50417
252.219-7009  Added; interim........................................5130
    Addition confirmed.............................................20630
    Amended........................................................20631
    Correctly designated...........................................22426
252.219-7010  Added; interim........................................5130
    Addition confirmed.............................................20630
    Amended........................................................20631

[[Page 319]]

252.219-7011  Added; interim........................................5131
    Addition confirmed.............................................20630
252.223-7001  Amended..............................................38205
252.223-7003  Addition interim effectiveness extended to 1-1-89....32620
    Addition confirmed.............................................38239
252.223-7500  Added; eff. 10-31-88.................................37765
252.225-7007  Amended..............................................38239
252.225-7010  Amended..............................................38248
252.225-7022  Added................................................38184
252.225-7023  Revised..............................................38248
252.225-7026  Added.................................................9119
    Correctly designated...........................................10250
252.225-7027  Added.................................................9119
    Correctly designated...........................................10250
252.226-7000  Added; interim........................................5131
    Addition confirmed.............................................20630
    Amended........................................................20631
252.226-7001  Added................................................20631
252.227-7013  Revised; interim.....................................10789
    Introductory text amended......................................20634
    Revision confirmed.............................................38234
    Revised; interim...............................................43709
    Regulation at 53 FR 43709 confirmed; corrected.................50417
252.227-7016--252.227-7017  Removed; interim.......................10789
    Removal confirmed..............................................38234
252.227-7018  Revised; interim.....................................10793
    Revision confirmed.............................................38234
    Revised; interim...............................................43714
    Regulation at 53 FR 43714 confirmed............................50417
252.227-7019--252.227-7024  Revised; interim.......................10794
    Revision confirmed.............................................38234
252.227-7019  Revised; interim.....................................43714
    Regulation at 53 FR 43714 confirmed............................50417
252.227-7020  Republished; interim.................................43714
    Regulation at 53 FR 43714 confirmed; corrected.................50417
252.227-7021  Revised; interim.....................................43715
    Regulation at 53 FR 43714 confirmed............................50417
252.227-7022--252.227-7024  Republished; interim...................43715
252.227-7022  Regulation at 53 FR 43715 confirmed; corrected.......50417
252.227-7023  Regulation at 53 FR 43715 confirmed..................50417
252.227-7024  Regulation at 53 FR 43715 confirmed..................50417
252.227-7025  Removed; interim.....................................10789
    Removal confirmed..............................................38234
252.227-7026--252.227-7034  Revised; interim.......................10795
    Revision confirmed.............................................38234
    Republished; interim...........................................43715
252.227-7026  Regulation at 53 FR 43715 confirmed..................50417
252.227-7027  Regulation at 53 FR 43715 confirmed..................50417
252.227-7028  Revised; interim.....................................43715
    Regulation at 53 FR 43715 confirmed; (a) corrected.............50417
252.227-7029  Revised; interim.....................................43716
    Regulation at 53 FR 43716 confirmed............................50417
252.227-7030  Revised; interim.....................................43716
    Regulation at 53 FR 43716 confirmed............................50417
252.227-7031  Revised; interim.....................................43716
    Regulation at 53 FR 43716 confirmed............................50417
252.227-7032--252.227-7034  Republished; interim...................43716
252.227-7032  Regulation at 53 FR 43716 confirmed..................50417
252.227-7033  Regulation at 53 FR 43716 confirmed..................50417
252.227-7034  Regulation at 53 FR 43716 confirmed..................50417
252.227-7035--252.227-7037  Revised; interim.......................10796
    Revision confirmed.............................................38234
252.227-7035  Removed; interim.....................................43709
252.227-7036  Revised; interim.....................................43716
    Regulation at 53 FR 43716 confirmed............................50417
252.227-7037  Republished; interim.................................43716
    Regulation at 53 FR 43717 confirmed; corrected.................50417
252.227-7038  Added; interim.......................................10797
    Addition confirmed.............................................38234
    Removed; interim...............................................43709
252.228-7005  Removed..............................................38184
252.231-7001  Addition confirmed and amended.......................38239
252.231-7002  Addition confirmed...................................38239
    Amended........................................................38240
252.232-7000  Removed...............................................3752
252.232-7004  Revised; interim.....................................35512
    Amended........................................................38186
252.232-7005  Revised..............................................38186
252.232-7006  Revised..............................................38187

[[Page 320]]

252.232-7007  Added................................................38187
252.236-7002  Amended..............................................38176
252.236-7007  Removed..............................................38197
252.236-7015  Removed..............................................38248
252.245-7000  Added................................................50417
252.246-7001  Amended..............................................38248
252.247-7100  Amended..............................................38184
252.247-7102  Removed..............................................38184
252.247-7103  Removed; new 252.247-7103 redesignated from 252.247-
        7104 and revised...........................................38184
252.247-7104  Redesignated as 252.247-7103 and revised; new 
        252.247-7104 redesignated from 252.247-7105 and revised....38184
252.247-7105  Redesignated as 252.247-7104 and revised; new 
        252.247-7105 redesignated from 252.247-7106................38184
252.247-7106  Redesignated as 252.247-7105; new 252.247-7106 
        redesignated from 252.247-7107.............................38184
252.247-7107  Redesignated as 252.247-7106; new 252.247-7107 
        redesignated from 252.247-7108.............................38184
252.247-7108  Redesignated as 252.247-7107; new 252.247-7108 
        redesignated from 252.247-7109.............................38184
252.247-7109  Redesignated as 252.247-7108; new 252.247-7109 
        redesignated from 252.247-7112 and amended.................38184
252.247-7110  Removed; new 252.247-7110 redesignated from 252.247-
        7115 and amended...........................................38184
252.247-7111  Removed..............................................38184
    Redesignated from 252.247-7116 and amended.....................38185
252.247-7112  Redesignated as 252.247-7109 and amended.............38184
    Redesignated from 252.247-7120 and amended.....................38185
252.247-7113  Removed; new 252.247-7113 redesignated from 252.247-
        7114.......................................................38184
252.247-7114  Redesignated as 252.247-7113.........................38184
    Redesignated from 252.247-7121 and revised.....................38185
252.247-7115  Redesignated as 252.247-7110 and amended.............38184
252.247-7116  Redesignated as 252.247-7111 and amended.............38185
252.247-7117  Removed..............................................38185
252.247-7118  Removed..............................................38185
252.247-7119  Removed..............................................38185
252.247-7120  Redesignated as 252.247-7112 and amended.............38185
252.247-7121  Redesignated as 252.247-7114 and revised.............38185
252.270-7003  Amended..............................................38176
252.270-7004  Amended..............................................38176
252.270-7006  Amended..............................................38201
252.270-7101  Amended..............................................38197
252.270-7102  Amended..............................................38197
252.270-7105  Amended..............................................38197
252.270-7106  Amended..............................................38197
252.270-7114  Amended..............................................38197
252.270-7115  Amended..............................................38197
252.270-7119  Amended..............................................38197
252.270-7136  Amended..............................................38197
252.270-7202  Amended..............................................38197
252.270-7203  Amended..............................................38197
252.270-7204  Amended..............................................38197
253.105  Added.....................................................46459
253.170  Amended...................................................46459
253.270  Amended..................................................38185,
                                                            38201, 38249
253.270  Removed...................................................46459
253  Editorial Note amended.................................46459; 50417
270.306  (b) amended...............................................38197
270.322  (c)(3) amended............................................38197
270.324  Amended............................................38197, 38249
270.602  Heading and (b) revised; (a) amended; (c) and (d) added 
                                                                   50417
270.607  Heading revised; text amended.............................38197
270.1103  (a) (6) and (15) amended.................................38197
270.1401  (a) amended..............................................38197
Chapter 2  Appendixes I, N, and T amended..........................38176
    Appendix N revised.............................................38218
    Appendix A amended.............................................38197
    Appendix O removed.............................................38198
    Appendix T amended.............................................38205
    Appendixes I, N and T amended..................................38249
    Appendix T revised.............................................50417

[[Page 321]]

252  Technical correction...................................32161, 34996
252.203-7001  Revised..............................................16119
252.205-7000  Amended........................................7429, 46902
252.208-7006  Regulation at 53 FR 29334 confirmed and revised......14655
    Corrected....................................................16438-T
    (a) and (e)(3) corrected.......................................20596
    Introductory text amended......................................31039
252.209-7001  Regulation at 53 FR 20632 confirmed..................53616
    Revised........................................................53620
252.213-7000  Removed..............................................26208
252.213-7001  Redesignated as 252.247-7201 and amended.............26208
252.215-7003  Amended.......................................11725, 53620
252.219-7007  Amended..............................................31039
252.219-7010  Amended..............................................31039
252.219-7012  Added; interim........................................4248
    (b) redesignated as (c); new (b) added; interim.................7191
    Comment time extended...........................................9807
    Regulation at 54 FR 4248 confirmed.............................26208
252.219-7013  Added; interim........................................4248
    Comment time extended...........................................9807
    Regulation at 54 FR 4248 confirmed.............................26208
252.219-7014  Added; interim........................................4248
    Comment time extended...........................................9807
252.219-7015  Regulation at 54 FR 4248 confirmed...................26208
252.222-7000  Removed..............................................30747
252.222-7001  Removed..............................................30747
252.223-7000  Removed..............................................30747
252.223-7003  Removed...............................................7429
252.223-7004  Added................................................30747
252.223-7005  Added................................................30747
252.225-7023  Amended...............................................7429
252.225-7024  Added.................................................7429
252.225-7026  Removed..............................................22283
252.225-7027  Removed..............................................22283
252.225-7028  Added.........................................16120, 53621
252.227-7013  Amended..............................................31039
252.228-7007  Added................................................16120
252.232-7007  Amended..............................................53621
252.235-7002  Removed..............................................11725
252.235-7005  Amended........................................11725-11726
252.236-7019  Added................................................30747
252.242-7001  Added................................................20596
252.247-7200  Removed..............................................16120
252.247-7201  Redesignated from 252.213-7001 and amended...........26208
252.247-7202  Added.........................................16120, 53621
252.247-7203  Added................................................16121
    Introductory text, (a)(6), and (d) amended.....................53621
252.247-7204  Added................................................53621
252.271-7001  Added................................................17727
    Amended........................................................31039
253  Technical correction..........................................32161
253 Editorial Note amended..................................20596, 30748
271  Added.........................................................11728
    Technical correction...........................................32161
Chapter 2  Appendix T corrected.....................................2258
    Appendix N amended..............................................7429
    Appendix H amended.............................................36773
    Appendix I amended.............................................36773
    Appendix N revised.............................................36773
    Appendix I corrected...........................................46902
    Appendix N amended.............................................53621

                                  1990

48 CFR
                                                                   55 FR
                                                                    Page
Chapter 2
252.204-7004  Removed..............................................19080
    Regulation at 55 FR 19080 confirmed............................48732
252.204-7007  Amended..............................................19080
    Regulation at 55 FR 19080 confirmed............................48732
252.208-7005  Revised; interim.....................................48746
252.210-7001  Removed..............................................30159
252.215-7003  Corrected............................................39971
252.217-7306  Amended..............................................19080
    Regulation at 55 FR 19080 confirmed............................48732
252.219-7000  Amended..............................................30159
252.219-7005  Amended; interim.....................................19080
    (b) amended....................................................30159
    Regulation at 55 FR 19081 confirmed............................48732
252.219-7009  Amended..............................................19081
    Regulation at 55 FR 19081 confirmed............................48732
252.219-7015  Added................................................30159
252.219-7016  Added................................................30160
252.223-7005  Amended.......................................19081, 30160
    Regulation at 55 FR 19081 confirmed............................48732
252.223-7008  Regulation at 55 FR 19081 confirmed..................48732
252.225-7000  Revised; interim.....................................48746
252.225-7001  Revised; interim.....................................48746
252.225-7003  Introductory text amended; interim...................48747
252.225-7005  Revised; interim.....................................48747

[[Page 322]]

252.225-7006  (a)(xi)(5) amended...................................30160
    Revised; interim...............................................48747
252.225-7008  Amended..............................................19081
    Revised; interim...............................................48748
252.225-7009  Revised..............................................19081
    Regulation at 55 FR 19081 confirmed............................48732
252.225-7014  Amended..............................................19081
    Regulation at 55 FR 19081 confirmed............................48732
252.225-7018  Removed; interim.....................................48749
252.225-7020  Removed; interim.....................................48749
252.225-7021  Removed; interim.....................................48749
252.225-7023  Amended; interim.....................................30160
252.225-7025  Added; interim.......................................48749
252.225-7026  Added; interim.......................................48749
252.225-7029  Added; interim.......................................48749
252.225-7030  Added; interim.......................................48750
252.226-7002  Added; interim.......................................48750
252.227-7039  Added................................................19081
    Regulation at 55 FR 19081 confirmed............................48732
252.232-7004  Revised; interim.....................................48750
252.233-7000  Amended.......................................19082, 30160
    Regulation at 55 FR 19082 confirmed............................48732
252.243-7000  Amended..............................................19082
    Regulation at 55 FR 19082 confirmed............................48732
252.247-7203  Amended..............................................19082
    Regulation at 55 FR 19082 confirmed............................48732
252.252-7000  Removed..............................................30160
252.252-7001  Removed..............................................30160
252.252-7002  Removed..............................................30160
252.252-7003  Removed..............................................30160
Chapter 2  Appendix H removed......................................19082
    Appendix I amended.............................................19082
    Appendix L removed.............................................30160
    Appendix P removed.............................................30160
    Appendixes H and I regulation at 55 FR 19082 confirmed.........48732
    Appendix N revised; interim....................................48750

                                  1991

48 CFR
                                                                   56 FR
                                                                    Page
Chapter 2
Chapter 2  Revised; eff. 12-31-91..................................36284
252  Technical correction..........................................26719
252.203-7001  Amended; interim......................................9087
252.203-7002  Amended...............................................9088
252.203-7004  Added; interim.......................................24142
252.208-7005  Regulation at 55 FR 48746 confirmed..................15167
252.211-7000  Added; interim.......................................18619
252.211-7001  Added; interim.......................................18619
252.211-7002  Added; interim.......................................18620
252.211-7003  Added; interim.......................................18621
252.211-7004  Added; interim.......................................18621
252.211-7005  Added; interim.......................................18622
    Removed; interim...............................................67221
252.211-7006  Added; interim.......................................18622
252.211-7007  Added; interim.......................................18622
252.211-7008  Added; interim.......................................18622
252.211-7009  Added; interim.......................................18623
252.211-7010  Added; interim.......................................18623
252.211-7011  Added; interim.......................................18623
252.211-7012  Added; interim.......................................18623
252.211-7013  Added; interim.......................................18624
252.211-7014  Added; interim.......................................18624
252.211-7015  Added; interim.......................................18624
252.211-7016  Added; interim.......................................18625
252.211-7017  Added; interim.......................................18625
252.211-7018  Added; interim.......................................18625
252.211-7019  Added; interim.......................................18626
    Amended........................................................67221
252.211-7020  Added; interim.......................................18626
252.211-7021  Added; interim.......................................18627
252.215-7004  Added; interim.......................................15166
252.219-7012  Removed...............................................9090
252.219-7013  Removed...............................................9090
252.219-7014  Removed...............................................9090
252.219-7016  Removed; interim.....................................15166
    Removal at 56 FR 15166 confirmed...............................60070
252.223-7000  Removed..............................................67221
252.223-7004  Removed; new 252.223-7004 redesignated from 252.223-
        7005; revised; interim.....................................67221
252.223-7005  Redesignated as 252.223-7004; interim................67221
252.223-7006  Added................................................60072
252.223-7007  Added................................................60073
252.223-7500  Revised..............................................60073
252.225-7000  Regulation at 55 FR 48746 confirmed..................15167
252.225-7001  Revised; interim......................................9088
    Regulation at 55 FR 48746 confirmed............................15167
    Regulation at 56 FR 9088 confirmed.............................60070
252.225-7003  Regulation at 55 FR 48747 confirmed..................15167
252.225-7005  Revised; interim......................................9088
    Regulation at 55 FR 48747 confirmed............................15167

[[Page 323]]

    Regulation at 56 FR 9088 confirmed.............................60070
252.225-7006  Revised; interim......................................9089
    Regulation at 55 FR 48747 confirmed............................15167
    Regulation at 56 FR 9089 confirmed.............................60070
    (c)(1)(i) revised..............................................67221
252.225-7008  Amended; interim......................................9089
    Regulation at 55 FR 48748 confirmed............................15167
    Regulation at 56 FR 9089 confirmed.............................60070
252.225-7009  (f)(2)(iv) amended...................................67221
252.225-7014  Amended; interim......................................9089
    Regulation at 56 FR 9089 confirmed.............................60070
252.225-7018  Regulation at 55 FR 48749 confirmed..................15167
252.225-7020  Regulation at 55 FR 48749 confirmed..................15167
252.225-7021  Regulation at 55 FR 48749 confirmed..................15167
252.225-7023  Regulation at 55 FR 30160 confirmed...................9089
252.225-7025  Revised..............................................15166
    Regulation at 55 FR 48749 confirmed............................15167
252.225-7026  Revised..............................................15166
    Regulation at 55 FR 48749 confirmed............................15167
252.225-7029  Regulation at 55 FR 48749 confirmed..................15167
    Added..........................................................67221
252.225-7030  Regulation at 55 FR 48750 confirmed..................15167
252.225-7031  Added................................................15166
252.225-7032  Added................................................15166
252.225-7033  Added; interim.......................................15166
252.225-7034  Added................................................64212
252.226-7002  Regulation at 55 FR 48750 confirmed..................15167
    Removed........................................................60073
252.228-7001  (i)(2)(ii) amended...................................67221
252.231-7000  Revised..............................................15166
252.232-7004  Regulation at 55 FR 48750 confirmed..................15167
    Added..........................................................67221
252.232-7005  Added................................................67221
252.232-7007  (a) revised..........................................31343
    Technical correction...........................................38174
252.232-7008  Added.........................................31343, 37965
    Technical correction...........................................38174
252.234-7000  Amended..............................................67222
252.237-7001  Added; interim.......................................43987
    Corrected......................................................49509
252.237-7019  Added; interim.......................................67222
252.239-7000  (a)(1) amended.......................................67222
252.247-7110  Revised..............................................60073
252.249-7001  Added; interim.......................................24031
    Regulation at 56 FR 24031 eff. 5-14-91; interim................28345
    Revised........................................................60074
    Added..........................................................67222
253.204-70  (c)(3), (d)(5)(i)(H) and (xi)(B)(1) amended; 
        (c)(4)(vi) revised.........................................67222
    (c)(4)(vii) and (e)(3)(ii) revised.............................67223
Chapter 2  Appendix N amended.......................................9089
    Appendix N regulation at 55 FR 48750 confirmed.................15167
    Appendix G amended.............................................67223

                                  1992

48 CFR
                                                                   57 FR
                                                                    Page
Chapter 2
252  Technical correction..........................................45422
252.201-7000  Amended..............................................42633
252.203-7003  Added................................................14995
252.204-7000  Amended..............................................14996
252.204-7003  Added; interim.......................................14996
    Regulation at 57 FR 14996 confirmed............................42629
252.211-7005  Removal at 56 FR 67221 confirmed.....................14990
252.211-7021  (b)(1), (2) and (3) amended; interim..................4743
252.215-7004  Added; interim.......................................41423
    Removed........................................................53601
    Reinstated.....................................................55472
252.217-7001  Amended..............................................42633
252.219-7007  Added; interim.......................................38287
252.219-7008  Added; interim.......................................47276
252.222-7001  Added; interim.......................................52594
252.223-7004  Revised; interim.....................................32737
252.223-7005  Added; interim.......................................14996
    Revised........................................................53601
252.225-7003  Amended..............................................42633
252.225-7016  Removed; interim.....................................14996
252.225-7017  Revised; interim.....................................14996
252.225-7022  Correctly designated.................................42633
252.225-7023  Amended; interim.....................................14996
    Regulation at 57 FR 14996 confirmed............................42629
252.225-7029  Regulation at 56 FR 67221 confirmed..................14989

[[Page 324]]

252.225-7030  Added; interim.......................................14996
    Revised........................................................53601
252.225-7031  Added; interim.......................................29042
252.225-7032  Added................................................53602
252.228-7003  (a)(4), (b)(2) and (e) amended.......................42633
252.228-7006  Added................................................42708
252.232-7001  Amended..............................................42633
252.232-7005  (b) revised..........................................53602
252.232-7006  Added; interim........................................3359
    Revised........................................................42633
252.237-7019  Regulation at 56 FR 67222 confirmed..................14990
    (a)(1) and (b) revised.........................................14996
    Amended........................................................42633
252.242-7001  (c) amended..........................................42633
252.243-7000  Amended..............................................42633
252.247-7022  Amended..............................................42633
252.270-7000  Removed..............................................41423
253  Technical correction..........................................45422
253.204-70  (b)(5)(ii)(A), (c)(4)(iv)(A), (B), (C) and (ix)(B)(2) 
        revised....................................................42633
253.204-71  (a)(3) added...........................................53602
270  Removed; interim..............................................41423
Chapter 2  Appendixes B, and D amended.............................42634
    Appendix G revised.............................................42634
    Appendixes F and G amended.....................................53602

                                  1993

48 CFR
                                                                   58 FR
                                                                    Page
Chapter 2
252  Technical correction..........................................18448
    Authority citation amended.....................................37868
    Authority citation revised..............................43286, 46092
252.203-7001  Amended; interim.....................................28471
252.209-7001  Amended; interim.....................................28471
252.209-7002  Added; interim.......................................28471
252.215-7003  Removed..............................................32062
252.215-7004  Removed..............................................16782
252.219-7003  Amended; interim.....................................28472
252.219-7007  Amended; interim.....................................28472
    Corrected......................................................32416
252.219-7009  Added; interim.......................................28472
252.222-7001  Amended; interim.....................................28472
252.223-7005  (e) correctly added..................................40388
252.223-7006  Added; interim.......................................28472
252.225-7016  Added; interim.......................................28473
252.225-7025  Revised; interim.....................................28473
252.225-7026  Revised; interim.....................................28474
252.225-7033  Added; interim.......................................28474
252.227-7013  Amended; interim.....................................28474
252.231-7001  Revised; interim.....................................28474
252.232-7004  Amended; interim.....................................62046
252.232-7007  Added; interim.......................................46093
252.233-7000  Amended..............................................28475
252.237-7020  Added; interim.......................................28475
252.237-7021  Added; interim.......................................28475
252.249-7002  Added; interim.......................................43287
253  Technical correction..........................................32416
    Authority citation amended.....................................37868
253.303-2139  Removed; interim.....................................28475
Chapter 2  Appendix B amended; interim.............................28475
    Appendixes A through G amended.................................37868

                                  1994

48 CFR
                                                                   59 FR
                                                                    Page
Chapter 2
252  Technical correction..........................................26343
252.203-7001  (h) amended; interim.................................27675
    Regulation at 58 FR 28471 confirmed............................51132
252.209-7001  Revised..............................................51131
    Regulation at 58 FR 28471 confirmed............................51132
252.209-7002  Regulation at 58 FR 28471 confirmed..................51132
    Amended; (a)(1), (2), (3) and (b) revised......................51133
252.209-7003  Added................................................51131
252.209-7004  Added................................................51131
252.210-7005  Removed; interim.....................................27675
252.216-7002  Added................................................53116
252.217-7026  Amended; interim.....................................27675
252.219-7000  Amended; interim.....................................22131
252.219-7001  Amended; interim.....................................24959
252.219-7002  Amended; interim.....................................24959
252.219-7003  Amended; interim..............................22131, 27675
    Regulation at 58 FR 28472 confirmed............................51132
252.219-7006  Amended; interim..............................22131, 24959
252.219-7007  Regulation at 58 FR 28472 confirmed..................51132
252.219-7008  Removed; interim.....................................27675
252.219-7009  Regulation at 58 FR 28472 confirmed...........27667, 51132
252.222-7001  Regulation at 58 FR 28472 confirmed..................51132

[[Page 325]]

252.223-7002  Amended; (a)(2)(iv) and (v) redesignated as 
        (a)(2)(v) and (vi); new (a)(2)(iv) added; (b)(1) revised; 
        interim....................................................27675
252.223-7006  Regulation at 58 FR 28472 confirmed...........27668, 51132
    Introductory text amended; interim.............................27675
252.225-7001  Amended; interim......................................1290
    Regulation at 59 FR 1290 comment period extended................5335
252.225-7006  Amended; heading revised; interim.....................1290
    Regulation at 59 FR 1290 comment period extended................5335
252.225-7007  Amended; heading revised; interim.....................1290
    Regulation at 59 FR 1290 comment period extended................5335
    (c) and (d) corrected...........................................8041
252.225-7010  Introductory text revised; interim....................1291
    Regulation at 59 FR 1291 comment period extended................5335
252.225-7011  Removed; interim.....................................27675
252.225-7012  Amended; interim.....................................27675
252.225-7015  Introductory text amended; interim...................27675
252.225-7016  Regulation at 58 FR 28473 confirmed...........27667, 51132
252.225-7018  Amended; interim.....................................27675
252.225-7023  Removed..............................................10579
    Removed; interim...............................................27675
252.225-7025  (f) amended; interim.................................27675
    Regulation at 58 FR 28473 confirmed............................51132
252.225-7026  Regulation at 58 FR 28474 confirmed..................51132
252.225-7031  Introductory text amended; interim...................27675
252.225-7033  Regulation at 58 FR 28474 confirmed...........27668, 51132
252.225-7034  Added; interim.......................................27675
252.225-7035  Added; interim........................................1291
    Regulation at 59 FR 1291 comment period extended................5335
252.225-7036  Added; interim........................................1291
    Regulation at 59 FR 1291 comment period extended................5335
252.225-7037  Added; interim........................................1292
    Regulation at 59 FR 1291 comment period extended................5335
    (f)(2)(iv) corrected............................................8041
252.225-7038  Added; interim.......................................11729
    Corrected......................................................38931
252.225-7039  Added; interim.......................................19146
    Technical correction...........................................26343
252.226-7000  Amended; interim.....................................22131
252.226-7001  Amended; interim.....................................22131
252.227-7013  Amended; interim.....................................27676
    Regulation at 58 FR 28474 confirmed............................51132
252.231-7001  Regulation at 58 FR 28474 confirmed...........27668, 51132
    Amended; interim...............................................27676
252.233-7000  Regulation at 58 FR 28475 confirmed...........27668, 51132
    Amended; interim...............................................27676
252.234-7000  Amended; interim.....................................27676
252.234-7001  Amended; interim.....................................27677
252.237-7020  Regulation at 58 FR 28475 confirmed...........27667, 51132
252.237-7021  Regulation at 58 FR 28475 confirmed...........27667, 51132
252.237-7022  Added; interim.......................................36090
252.243-7000  Revised; interim.....................................27677
252.245-7001  Added; interim.......................................27677
252.247-7025  Added; interim.......................................10580
252.248-7000  Revised; interim.....................................27677
252.249-7002  Revised; interim.....................................27677
253.204-70  (b)(12)(iii)(B) amended; interim.......................27677
253.215-70  Note amended; interim...........................27677, 27678
Chapter  2 Appendixes B and F amended; Appendix G revised; interim
                                                                   27678
    Appendix H added; interim......................................27700
    Appendix I added; interim......................................27701

                                  1995

48 CFR
                                                                   60 FR
                                                                    Page
252  Authority citation revised.......29497, 33471, 34471, 35668, 40106, 
                                                                   40107
252.203-7000  Amended..............................................61600
252.203-7001  Amended..............................................61600
252.203-7003  Removed..............................................61600
252.204-7001  Introductory text amended............................61600
252.209-7000  Amended..............................................61600
252.209-7001  Regulation at 59 FR 51131 confirmed..................29496
252.209-7003  Regulation at 59 FR 51131 confirmed..................29496
252.209-7004  Regulation at 59 FR 51131 confirmed..................29496
    (b)(5) amended.................................................29502

[[Page 326]]

252.209-7005  Redesignated from 252.209-7007 and amended...........61600
252.209-7007  Added; interim.......................................13074
    Redesignated as 252.209-7005...................................61600
252.210-7000  Redesignated as 252.211-7003.........................61600
252.210-7001  Redesignated as 252.211-7001.........................61600
252.210-7002  Redesignated as 252.211-7002.........................61600
252.210-7003  Redesignated as 252.211-7000.........................61600
252.210-7004  Redesignated as 252.211-7004.........................61600
252.211-7000  Removed; redesignated from 252.210-7003; 
        introductory text revised..................................61600
252.211-7001  Removed; redesignated from 252.210-7001; 
        introductory text revised..................................61600
252.211-7002  Removed; redesignated from 252.210-7002; 
        introductory text revised..................................61600
252.211-7003  Removed; new 252.211-7003 redesignated from 252.210-
        7000; introductory text revised............................61600
252.211-7004  Removed; redesignated from 252.210-7004; 
        introductory text revised..................................61600
252.211-7006  Removed..............................................61600
252.211-7007  Removed..............................................61600
252.211-7008  Removed..............................................61600
252.211-7009  Removed..............................................61600
252.211-7010  Removed..............................................61600
252.211-7011  Removed..............................................61600
252.211-7012  Removed..............................................61600
252.211-7013  Removed..............................................61600
252.211-7014  Removed..............................................61600
252.211-7015  Removed.......................................33490, 61690
252.211-7016  Removed.......................................33490, 61600
252.211-7017  Removed.......................................33490, 61600
252.211-7018  Removed..............................................61600
252.211-7019  Removed..............................................61600
252.211-7020  Removed..............................................61600
252.211-7021  Amended..............................................33490
    Removed........................................................61600
252.212-7000  Added................................................61600
252.212-7001  Added................................................61601
252.215-7001  Removed..............................................61601
252.217-7026  Amended; heading revised.............................61601
252.219-7001  Regulation at 59 FR 24959 confirmed..................29497
    Amended........................................................29502
252.219-7002  Regulation at 59 FR 24959 confirmed..................29497
    Amended........................................................29502
    Suspended......................................................54955
252.219-7003  Regulation at 59 FR 27672 confirmed..................29496
    Amended; heading revised.......................................61601
252.219-7004  Amended..............................................35668
252.219-7005  Amended..............................................61601
252.219-7006  Regulation at 59 FR 24959 confirmed..................29497
    Amended........................................................29502
252.219-7008  Regulation at 59 FR 27672 confirmed..................29496
252.219-7009  Removed; interim.....................................40107
    Regulation at 60 FR 40107 confirmed............................61591
252.223-7006  Amended; introductory text revised...................13076
    Regulation at 60 FR 13076 confirmed............................61591
    Amended........................................................61601
252.225-7001  Regulation at 59 FR 1290 confirmed...................29497
252.225-7006  Regulation at 59 FR 1290 confirmed...................29497
252.225-7007  Regulation at 59 FR 1290 confirmed...................29497
252.225-7009  Amended..............................................29502
252.225-7010  Regulation at 59 FR 1291 confirmed...................29497
    Amended........................................................29502
252.225-7011  Added; interim.......................................34471
    Regulation at 60 FR 34471 confirmed............................61591
252.225-7012  Amended..............................................61601
252.225-7014  Amended..............................................61602
252.225-7016  Amended..............................................61602
252.225-7017  Amended; interim.....................................19534
    Regulation at 60 FR 19534 confirmed............................61591
252.225-7026  Regulation at 59 FR 28474 confirmed..................29497
    Amended.................................................29502, 61602
252.225-7029  Revised; interim.....................................19534
    Regulation at 60 FR 19534 confirmed............................61591
252.225-7035  Regulation at 59 FR 1291 confirmed...................29497
    Amended........................................................29502
252.225-7036  Regulation at 59 FR 1291 confirmed...................29497
    Amended........................................................29502
252.225-7037  Regulation at 59 FR 1292 confirmed...................29497
    Amended........................................................29503

[[Page 327]]

252.225-7038  Regulation at 59 FR 11729 confirmed..................29497
252.225-7039  Regulation at 59 FR 19146 confirmed..................29497
252.225-7040  Added................................................29503
    Introductory text amended......................................61602
252.227-7013  Revised..............................................33490
    Amended........................................................61602
252.227-7014  Added................................................33493
252.227-7015  Added................................................33497
    Amended........................................................61602
252.227-7016  Added................................................33498
252.227-7017  Added................................................33498
252.227-7018  Revised..............................................33499
    Amended; heading revised.......................................61602
252.227-7019  Revised..............................................33503
252.227-7020  Revised..............................................33504
252.227-7021  Introductory text revised............................33504
252.227-7022  Introductory text revised............................33504
252.227-7023  Introductory text revised............................33505
252.227-7024  Introductory text revised............................33505
252.227-7025  Added................................................33505
252.227-7026  Introductory text revised............................33505
252.227-7027  Introductory text revised............................33505
252.227-7028  Revised..............................................33505
252.227-7029  Removed..............................................33505
252.227-7030  Introductory text revised............................33505
252.227-7031  Removed..............................................33505
252.227-7032  Introductory text revised............................33505
252.227-7033  Introductory text revised............................33505
252.227-7036  Introductory text revised............................33505
252.227-7037  Revised..............................................33505
    Amended........................................................61602
252.228-7007  Added; interim.......................................45377
252.231-7001  Removed..............................................61602
252.235-7010  Added................................................29503
252.235-7011  Added................................................29503
252.237-7020  Removed..............................................61602
252.237-7021  Removed..............................................61602
252.237-7022  Regulation at 59 FR 36090 confirmed..................29496
    Amended........................................................29503
252.239-7010  Amended..............................................61602
252.242-7001  Removed..............................................61602
252.247-7021  Revised..............................................29503
252.247-7023  Amended..............................................61602
252.247-7024  Amended..............................................61603
252.247-7025  Revised..............................................29503
252.249-7002  Regulation at 59 FR 27677 confirmed..................29497
    Amended........................................................29503
252.251-7000  Amended..............................................29503
253  Authority citation revised......................29497, 35868, 40106
253.204-70  (b)(13)(iv), (ix), (c)(4)(viii) and (d)(5)(iv)(A)(2) 
        revised; (c)(4)(iii)(A)(6) added; (d)(5)(iv)(A)(7) removed
                                                                   35868
    Revised........................................................61603
253.204-71  (e)(2)(i)(A)(3) revised................................35869
    Revised........................................................61612
253.209-1  (a)(i)(E) revised.......................................29504
253.215-70  Amended................................................29504
Chapter  2 Appendix C amended...............................29497, 29504
    Appendixes A through I amended.................................40106
    Appendixes C, F and G amended..................................61615
    Appendix G amended........................61620, 61623, 61626, 61627

                                  1996

  (Regulations published from January 1, 1996, through October 1, 1996)

48 CFR
                                                                   61 FR
                                                                    Page
252.209-7005  Amended...............................................7750
    Corrected......................................................18195
252.209-7007  Regulations at 60 FR 13074 and 61600 confirmed........7741
252.212-7000  Introductory text amended............................50455
252.212-7001  Introductory text amended............................50455
252.217-7027  Revised...............................................7750
    Corrected......................................................18195
252.219-7003  Amended..............................................18688
252.219-7004  Amended; interim.....................................39901
252.219-7008  Added................................................18688
252.223-7004  Regulation at 57 FR 32737 confirmed..................50450
252.223-7007  Added.................................................7750
252.225-7007  Amended.........................................130, 16880
    Amended; interim...............................................37842
252.225-7012  Introductory text amended............................50455
252.225-7013  Removed..............................................50455
252.225-7014  Amended..............................................50455

[[Page 328]]

252.225-7015  Introductory text amended............................50455
252.225-7016  Revised; interim.....................................10900
    Regulation at 61 FR 10900 confirmed............................50450
    Revised........................................................50455
252.225-7019  Introductory text amended; interim...................13108
    Regulation at 61 FR 13108 confirmed............................50450
252.225-7020  Removed; interim.....................................13108
    Regulation at 61 FR 13108 confirmed............................50450
252.225-7021  Removed; interim.....................................13108
    Regulation at 61 FR 13108 confirmed............................50450
252.225-7025  Revised..............................................50456
252.225-7039  Amended; introductory text revised; interim..........13108
    Regulation at 61 FR 13108 confirmed............................50450
252.228-7001  Amended..............................................50456
252.228-7002  Amended..............................................50456
252.228-7006  Removed...............................................7750
252.228-7007  Amended; interim......................................3601
    Removed........................................................50456
252.232-7004  Regulation at 58 FR 62046 confirmed...................7741
    Amended.........................................................7750
252.242-7004  Amended..............................................50456
253.204-70  (e)(3) revised.........................................18688
    (d)(5)(iv)(C) corrected........................................43119
    (e)(3)(ii) corrected...........................................49531
    (c)(4)(ix)(B)(9) amended.......................................50456
    Revised........................................................51032
253.204-71  Second (f) correctly designated as (f)(1)..............43119
    Revised........................................................51040
253.213-70  (e) amended.............................................7751
253.215-70  Note amended............................................7751
    Note corrected.................................................18195
    (c)(2) and (6) revised.........................................51043
Chapter  Appendix G amended.........................................7751
    Appendix G corrected...........................................18195
    Appendix B amended.............................................50456
    Appendix C removed; Appendix G amended.........................50457
    Appendixes G and I amended.....................................50458