[Federal Register Volume 62, Number 121 (Tuesday, June 24, 1997)]
[Rules and Regulations]
[Pages 34114-34141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15821]



[[Page 34113]]

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Part II





Department of Defense





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48 CFR Part 201, et al.



Defense Federal Acquisition Regulation Supplement; Miscellaneous 
Amendments; Interim and Final Rules

  Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules 
and Regulations  

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DEPARTMENT OF DEFENSE

48 CFR Parts 201, 202, 203, 204, 208, 209, 212, 214, 215, 216, 219, 
222, 224, 225, 227, 228, 229, 231, 232, 233, 234, 235, 236, 237, 
239, 242, 243, 245, 246, 249, 252, 253, and Appendices G and I to 
Chapter 2

[Defense Acquisition Circular 91-12]


Defense Federal Acquisition Regulation Supplement; Miscellaneous 
Amendments

AGENCY: Department of Defense (DoD).

ACTION: Interim and final rules.

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SUMMARY: Defense Acquisition Circular 91-12 amends the Defense Federal 
Acquisition Regulation Supplement (DFARS) to revise, finalize, or add 
language on contract reporting, required sources of supplies and 
services, contractor qualifications, economic price adjustment, small 
business programs, labor laws, foreign acquisition, patent interchange 
agreements, insurance, taxes, overseas contracts, contract financing, 
contract disputes, construction contracts, acquisition of information 
resources, contract administration, government property, and quality 
assurance.

DATES: Effective date: June 24, 1997.
    Comment date: Comments on the interim rule (Item XVIII: Sections 
225.872-1; 225.872-2; 225.7005; 225.7007-1; 225.7007-3; 225.7007-4; 
225.7010-1; 225.7010-2; 225.7010-3; 225.7016-1; 225.7016-2; 225.7016-3; 
225.7019-1; 225.7019-1; 225.7019-3(a)(1)(iv); 225.7022-1; 225.7022-2; 
225.7022-3; 252.225-7016; and 252.225-7029) should be submitted in 
writing to the address shown below on or before August 25, 1997 to be 
considered in the formulation of the final rule.

ADDRESSES: Interested parties should submit written comments on the 
interim rule (Item XVIII) to: Defense Acquisition Regulations Council. 
Attn: Ms. Amy Williams, PDUSD(A&T)DP(DAR), IMD 3D139, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telefax number (703) 602-0350. 
Please cite DFARS Cite 96-D319 in all correspondence related to this 
rule.

FOR FURTHER INFORMATION CONTACT:
Item XVIII--Ms. Amy Williams, (703) 602-0131;
All other items--Ms. Susan Buckmaster, (703) 602-0131.

SUPPLEMENTARY INFORMATION:

A. Background

    This Defense Acquisition Circular (DAC) 91-12 includes 43 rules and 
miscellaneous editorial amendments. Twelve of the rules (Items I, III, 
VII, IX, XIV, XVII, XIX, XXII, XXIV, XXVII, XXXIII, and XXXIX) were 
published previously in the Federal Register and thus are not included 
as part of this notice of amendments to the Code of Federal 
Regulations. These twelve rules are being published in the DAC to 
incorporate the previously published amendments into the loose-leaf 
edition of the DFARS.
    The following information pertains to Item XVIII, Authority to 
Waive Foreign Purchase Restrictions:
    An interim DFARS rule implementing Section 810 of the National 
Defense Authorization Act for Fiscal Year 1997 (Public 104-201) was 
published in the Federal Register on January 17, 1997 (62 FR 2615), 
with a request for public comments. Section 810, known as the ``McCain 
Amendment,'' added new authority to waive the restrictions on foreign 
purchases at 10 U.S.C. 2534(a), applicable to buses, chemical weapons 
antidote, components for naval vessels, and ball and roller bearings, 
permitting waiver if application of the restrictions would impede the 
reciprocal procurement of defense items under a memorandum of 
understanding with a foreign country. The interim rule provided this 
waiver authority to the head of the contracting activity. Public 
comments were received from four respondents, all seeking more positive 
and effective implementation of the McCain Amendment.
    On April 7, 1997, the Under Secretary of Defense (Acquisition and 
Technology), waived the foreign source restrictions of 10 U.S.C. 
2534(a) for the acquisition of defense items manufactured in qualifying 
countries listed in DFARS 225.872-1. This interim rule implements the 
waiver only for those items restricted in the DFARS. The restrictions 
on most naval vessel components are handled by the Department of the 
Navy. Acquisitions of anchor and mooring chain, totally enclosed 
lifeboat survival systems, and noncommercial ball and roller bearings 
are subject to additional defense appropriations act restrictions. The 
acquisition of chemical weapons antidote is subject to U.S. defense 
mobilization base requirements.

B. Determination To Issue an Interim Rule

    A determination has been under the authority of the Secretary of 
Defense that urgent and compelling reasons exist to publish this 
interim rule prior to affording the public an opportunity to comment. 
This action is necessary to implement the waiver by the Under Secretary 
of Defense (Acquisition and Technology) of the restrictions of 10 
U.S.C. 2534(A). The waiver is authorized by 10 U.S.C. 2534(d)(3), as 
amended by Section 810 of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104-201); the waiver became effective on 
April 7, 1997. Comments received in response to the publication of this 
interim rule will be considered in formulating the final rule.

C. Regulatory Flexibility Act

DAC 91-12, Items II, IV, V, XII, XIII, XV, XXIII, XXVIII, XXXVI, 
XXXVII, XXXVIII, XLI, XLII, and XLIII

    These rules do not constitute significant revisions within the 
meaning of Federal Acquisition Regulation 1.501 and Public Law 98-577, 
and publication for public comment is not required. However, comments 
from small entities concerning the affected DFARS subparts will be 
considered in accordance with Section 610 of the Regulatory Flexibility 
Act (5 U.S.C. 610). Please cite the applicable DFARS case number in 
correspondence.

DAC 91-12 Items VI, VIII, X, XI, XVI, XX, XXI, XXVI, XXIX, XXX, XXXI, 
XXXII, XXXIV, and XXXV

    DoD certifies that these rules will not have a significant economic 
impact on a substantial number of small entities within the meaning of 
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) because:
    Item VI, Institutions of Higher Education--This rule applies only 
to institutions of higher education that are determined to have an 
anti-ROTC policy.
    Item VII, U.S. European Command Supplement--The rule applies only 
to contracts that are awarded or performed in a foreign country. More 
than 90 percent of such contracts are awarded to foreign firms. Those 
U.S. firms that are awarded such contracts generally are not small 
entities.
    Item X, Certificate of Competency--The rule merely updates and 
clarifies existing policy pertaining to (1) the Small Business 
Administration Certificate of Competency Program, and (2) procurement 
from small disadvantaged business regular dealers.
    Item XI, Comprehensive Subcontracting Plans--Small businesses are 
exempt from subcontracting plan requirements, and the rule does not 
change the obligation of large business concerns to maximize 
subcontracting opportunities for small business concerns.
    Item XVI, Petroleum Products from Caribbean Basin Countries--
Petroleum

[[Page 34115]]

and products derived from petroleum already are subject to the Trade 
Agreements Act. The consideration of Caribbean Basin country offers of 
petroleum and products derived from petroleum is not expected to have a 
significant effect on the petroleum market in this country. 
Furthermore, the Trade Agreements Act and the Caribbean Basin Economic 
Recovery Act apply only to acquisitions exceeding $190,000 in value.
    Item XX, Preference for U.S. Firms on MILCON Overseas 
Construction--The rule applies only to contracts estimated to exceed 
$1,000,000 for military construction projects in the United States 
territories and possessions in the Pacific and on Kwajalein Atoll, or 
in countries bordering the Arabian Gulf.
    Item XXI, Restriction on MILCON Overseas Architect-Engineer 
Contracts--The rule applies only to architect-engineer contracts 
estimated to exceed $500,000 for projects to be accomplished in Japan, 
in any North Atlantic Treaty Organization member country, or in 
countries bordering the Arabian Gulf.
    Item XXVI, Carbon Fiber--The only known domestic manufacturer of 
coal and petroleum pitch carbon fiber is a large business concern.
    Item XXIX, Individual Compensation--Most contracts awarded to small 
entities use simplified acquisition procedures or are awarded on a 
competitive, fixed-price basis, and do not require application of the 
FAR or DFARS cost principles. In addition, this rule applies only to 
contractors that incur individual compensation costs in excess of 
$200,000 per year.
    Item XXX, Individual Compensation--Most contracts awarded to small 
entities use simplified acquisition procedures or are awarded on a 
competitive, fixed-price basis, and do not require application of the 
FAR or DFARS cost principles. In addition, this rule applies only to 
contractors that incur individual compensation costs in excess of 
$250,000 per year.
    Item XXXI, Restricting Costs/Bonuses--Most contracts awarded to 
small entities use simplified acquisition procedures or are awarded on 
a competitive, fixed-price basis, and do not require application of the 
FAR or DFARS cost principles. In addition, this rule applies only to 
contractors that incur restructuring costs associated with a business 
combination.
    Item XXXII, Restructuring Costs--Most contracts awarded to small 
entities use simplified acquisition procedures or are awarded on a 
competitive, fixed-price basis, and do not require application of the 
FAR or DFARS cost principles. In addition, this rule applies only to 
contractors that incur restructuring costs associated with a business 
combination.
    Item XXXIV, Information Technology Management Reform Act--The rule 
primarily pertains to internal Government considerations regarding the 
acquisition of information technology.
    Item XXXV, Automatic Data Processing Equipment Leasing Costs--Most 
contracts awarded to small entities use simplified acquisition 
procedures or are awarded on a competitive, fixed-price basis, and do 
not require application of the FAR or DFARS cost principles. In 
addition, this rule merely removes references and requirements 
pertaining to a cost principle that already has been removed from the 
FAR.

DAC 91-12, Item XVIII

    This interim rule is not expected to have a significant economic 
impact on a substantial number of small entities within the meaning of 
the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because there 
are no known small business manufacturers of buses, air circuit 
breakers, or the restricted chemical weapons antidote; acquisition of 
anchor and mooring chain, totally enclosed lifeboat survival systems, 
and noncommercial ball and roller bearings is presently restricted to 
domestic sources by defense appropriations acts; and the restrictions 
of 10 U.S.C. 2534 do not apply to purchases of commercial items 
incorporating ball or roller bearings. An initial regulatory 
flexibility analysis has therefore not been prepared. Comments are 
invited from small businesses and other interested parties. Comments 
from small entities concerning the affected DFARS subparts also will be 
considered in accordance with 5 U.S.C. 610. Such comments should be 
submitted separately and should cite DFARS Case 96-D319 in 
correspondence.

DAC 91-12, Items XXV and XL

    A final regulatory flexibility analysis has been performed for each 
of these rules. A copy of the analysis may be obtained from the address 
specified herein. Please cite the applicable DFARS case number in 
correspondence. The analyses are summarized as follows:
    Item XXV, Ball and Roller Bearings--Waiver (DFARS Case 97-D300)--
This rule implements 10 U.S.C. 2534(d)(6) with regard to the 
acquisition of ball and roller bearings. 10 U.S.C. 2534(d)(6) provides 
that the Secretary of Defense may waive the domestic source 
restrictions of 10 U.S.C. 2534(a) for an acquisition that is for an 
amount less than the simplified acquisition threshold, when simplified 
acquisition procedures are being used. Because of other statutory 
provisions that pertain to the acquisition of ball and roller bearings, 
the waiver authority in this rule may be used only if (1) ball and 
roller bearings or bearing components are the end items being 
purchased, and (2) the ball and roller bearings or bearing components 
are commercial items, or no fiscal year 1996 or 1997 funds are being 
used. No comments were received in response to the initial regulatory 
flexibility analysis or the proposed rule published in the Federal 
Register at 62 FR 7432 on February 19, 1997. It is estimated that 11 
small businesses could be affected by this rule. The rule imposes no 
new reporting, recordkeeping, or compliance requirements for offerors 
or contractors. There are no practical alternatives that will fully 
implement the provisions of 10 U.S.C. 2534(d)(6).
    Item XL, notice of termination (DFARS Case 96-D320)--This rule 
implements Section 824 of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104-201). Section 824 streamlines the 
statutory requirements for providing notification to contractors and 
subcontractors regarding contract terminations or reductions that are 
expected to occur as a result of reduced funding levels under major 
defense programs. No comments were received in response to the initial 
regulatory flexibility analysis. However, one comment was received in 
response to the interim rule published in the Federal Register at 61 FR 
64636 on December 6, 1996. The comment reserved judgment on whether a 
60-day notification period affords industry, particularly smaller 
firms, sufficient time to adjust to substantial funding reductions to, 
or terminations of, major defense program contracts. The industry 
association that authored the comment stated that its member companies 
will monitor implementation experience, and, if necessary, will 
recommend additional actions concerning the new notification 
procedures. No changes were made to the rule as a result of the public 
comment, because (1) the 60-day notification period is required by 
Section 824 of Public Law 104-201; (2) and the comment did not indicate 
a need for a change to the rule at this time. The rule applies to all 
large and small entities that have, under a major defense program, a 
prime contract, a first-tier subcontract of $500,000 or more, or a 
lower-tier subcontract of

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$100,000 or more, that is expected to be terminated or substantially 
reduced as a result of reduced funding levels in an appropriations act. 
The rule imposes no additional reporting, recordkeeping, or compliance 
requirements on offerors or contractors. There are no practical 
alternatives that will adequately implement the requirements of Section 
of 824 of Public Law 104-201.

D. Paperwork Reduction Act

DAC 91-12, Items, II, IV, V, VI, X, XI, XII, XIII, XV, XVI, XVIII, XXI, 
XXIII, XXV, XXVI, XXVIII, XXIX, XXX, XXXI, XXXII, XXXIV, XXXV, XXXVI, 
XXXVII, XXXVIII, XL, XLI, XLII, XLIII

    The Paperwork Reduction Act does not apply, because these rules 
impose no information collection requirements that require the approval 
of the Office of Management and Budget under 44 U.S.C. 3501 et seq.

DAC 91-12, Items VIII and XX

    The Paperwork Reduction Act applies. The Office of Management and 
Budget (OMB) has approved the information collection requirements as 
follows:

------------------------------------------------------------------------
                                                             OMB control
                            Item                                 No.    
------------------------------------------------------------------------
VIII.......................................................    0704-0216
                                                               0704-0248
                                                               0704-0259
                                                               0704-0390
                                                               9000-0034
XX.........................................................    0704-0255
------------------------------------------------------------------------

    Defense Acquisition Circular (DAC) 91-12 amends the Defense Federal 
Acquisition Regulation Supplement (DFARS) 1991 edition. The amendments 
are summarized as follows:
Item I--Procurement Integrity (DFARS Case 96-D310)
    This final rule was issued by Departmental Letter 97-003, effective 
January 17, 1997 (62 FR 2611, January 17, 1997). The rule amends DFARS 
Subpart 203.1 and 215.608, and removes the clause at 252.203-7000, to 
implement Section 4304 of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106) and to conform to the FAR 
revisions published as Item I of Federal Acquisition Circular 90-45. 
Section 4304 amended the procurement integrity provisions at 41 U.S.C. 
423 and repealed 10 U.S.C. 2397-2397c, which addressed post-Federal 
employment of certain DoD employees.
Item II--Reporting Real Property Leases (DFARS Case 97-D001)
    This final rule amends DFARS 204.670-2(a) to clarify that the 
requirement to complete a DD Form 350 for contracting actions that 
obligate or deobligate more than $25,000 also applies to DoD actions 
that are for the purchase of land or rental or lease of real property.
Item III--Contract Reporting for Fiscal Year 1997 (DFARS Case 97-D315)
    This final rule was issued by Departmental Letter 96-017, effective 
October 1, 1996 (61 FR 51030, September 30, 1996). The rule amends 
DFARS Parts 204 and 253 to revise DD Form 350 and DD Form 1057 contract 
action reporting requirements, for compliance with provisions of the 
Federal Acquisition Streamlining Act of 1994 (Public Law 103-355).
Item IV--Commercial Transactions with the Government of a Terrorist 
Country (DFARS Case 96-D026)
    This final rule removes DFARS 209.104-1(g)(iii), 209.104-70(c) and 
(d), 252.209-7003, and 252.209-7004, which pertained to contractor 
disclosure of information commercial transactions with the Government 
of a terrorist country. The statutory authority for this disclosure 
requirement (Section 843 of Public Law 103-160) expired on September 
30, 1996.
Item V--Foreign Environmental Technology (DFARS Case 96-D322)
    This final rule amends DFARS 209.104-1 to implement Section 828 of 
the National Defense Authorization Act of Fiscal Year 1997. Section 828 
provides that the Secretary of Defense may, in the case of a contract 
for environmental restoration, remediation, or waste management at a 
DoD facility, waive the prohibition on award of a contract to an entity 
controlled by a foreign government under certain circumstances.
Item VI--Institutions of Higher Education (DFARS Case 96-D305)
    The interim rule published as Item VI of DAC 91-11 is converted to 
a final rule without change. The rule amended DFARS 209.470 and 243.105 
to implement Section 541 of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106). Section 541 provides that no 
funds available to DoD may be provided by grant or contract to any 
institution of higher education that has an anti-ROTC policy.
Item VII--Elimination of Certifications (DFARS Case 96-D306)
    This final rule was issued by Departmental Letter 97-004, effective 
January 17, 1997 (62 FR 2612, January 17, 1997). The rule amends DFARS 
Parts 215, 219, 225, 226, 227, 233, and 252 to remove certification 
requirements for contractors and offerors that are not required by 
statute or otherwise approved for retention by the Secretary of 
Defense. The rule implements Section 4301(b) of the Clinger-Cohen Act 
of 1996 (Public Law 104-106).
Item VIII--U.S. European Command Supplement (DFARS Case 94-D001)
    This final rule amends DFARS Parts 216, 222, 225, 227, 228, 229, 
232, 233, 236, 246, and 252 to incorporate guidance previously 
contained in the U.S. European Command Supplement for application to 
contracts to be performed in a foreign country. Contracts to be 
performed in a foreign country must include requirements imposed by the 
host country's government in addition to U.S. Government requirements, 
and must provide for customs and tax exemptions to which the U.S. 
Government is entitled.
Item IX--MILCON--Environmental Restoration (DFARS Case 96-D327)
    This final rule was issued by Departmental Letter 97-001, effective 
January 8, 1997 (62 FR 1058, January 8, 1997). The rule revises DFARS 
216.306 to implement Section 101 of the Military Construction 
Appropriations Act for Fiscal Year 1997 (Public Law 104-196). Section 
101 continues to restrict the use of cost-plus-fixed-fee contracts for 
military construction, but provides an exception for contracts for 
environmental restoration at installations that are being closed or 
realigned where payments are made from a base realignment and closure 
account.
Item X--Certificate of Competency (DFARS Case 96-D003)
    This final rule amends DFARS 219.602-3 and 252.219-7006 to (1) 
update the reference to the Small Business Administration offices 
involved in resolving differences between an agency and the Small 
Business Administration; (2) remove references to Section 8051 of 
Public Law 103-139 and Section 8012 of Public Law 103-335, which 
applied only to contracts awarded during fiscal years 1994 and 1995; 
and (3) clarify existing text.
Item XI--Comprehensive Subcontracting Plans (DFARS Case 96-D304)
    The interim rule pulished as Item VIII of DAC 91-11 is converted to 
a final rule with an amendment at DFARS

[[Page 34117]]

252.219-7004. The rule reflects changes to the Test Program for 
Negotiation of Comprehensive Small Business Subcontracting Plans, as 
required by Section 811 of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106). The final rule differs form the 
interim rule in that it amends the clause at 252.219-7004 to clarify 
instructions for contractor submission of Standard Form 295, Summary 
Subcontract Report.
Item XII--Bond Waivers (DFARS Case 96-D019)
    This final rule removes DFARS 219.808, 219.811, and 252.219-7007, 
which pertained to waiver of Miller Act requirements for performance 
and payment bonds under 8(a) construction contracts. The statutory 
authority for waiver of these requirements (Section 813 of Public Law 
102-190) applied only to contracts awarded during fiscal years 1992 
through 1994.
Item XIII--Small Business Competitiveness Demonstration Program (DFARS 
Case 96-D025)
    This final rule amends DFARS 219.1005 to remove dredging from the 
list of designated industry groups under the Small Business 
Competitiveness Demonstration Program. Dredging had been added to the 
list as part of a test program established under Section 722 of the 
Small Businesss Credit and Business Opportunity Enhancement Act of 1992 
(Public Law 102-366). The statutory authority for the test program 
expired on September 30, 1996.
Item XIV--Pilot Mentor-Protege Program (DFARS Case 96-D317)
    This final rule was issued by Departmental Letter 96-018, effective 
October 18, 1996 (61 FR 54346, October 18, 1996). The rule amends DFARS 
219.7104 and Appendix I to implement Section 802 of the National 
Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201). 
Section 802: (1) Extends to September 30, 1998, the date by which an 
interested company must apply for participation as a mentor firm under 
the DoD Pilot Mentor-Protege Program; and (2) extends to September 30, 
1999, the date by which a mentor firm must incur costs in order to be 
eligible for reimbursement under the Program.
Item XV--Nondomestic Construction Materials (DFARS Case 97-D009)
    This final rule removes the clause at DFARS 252.225-7004, 
Nondomestic Construction Materials, and the corresponding prescriptive 
language at 225.205. The DFARS clause has been superseded by the 
clauses at FAR 52.225-5, Buy American Act--Construction Materials, and 
52.225-15, Buy American Act--Construciton Materials under Trade 
Agreements Act and North American Free Trade Agreement, as amended by 
Federal Acquisition Circular 90-46.
Item XVI--Petroleum Products from Caribbean Basin Countries (DFARS Case 
96-D312)
    The interim rule published as Item XI of DAC 91-11 is converted to 
a final rule without change. The rule amended DFARS 225.403 to fully 
implement Section 8094 of the National Defense Appropriations Act for 
Fiscal Year 1994 (Public Law 103-139). Section 8094 requires DoD to 
consider all qualified bids from eligible countries under the Caribbean 
Basin Economic Recovery Act as if they were offers from designated 
countries under the Trade Agreements Act. The rule also amended DFARS 
225.403-70 and 252.225-7007 to clarify that the definition of Caribbean 
Basin country end products includes petroleum and any end product 
derived from petroleum.
Item XVII--Metalworking Machinery--Trade Agreements (DFARS Case 96-
D030)
    This final rule was issued by Departmental Letter 97--005, 
effective January 17, 1997 (62 FR 2615, January 17, 1997). The rule 
amends DFARS 225.403-70 to remove the exception to application of the 
trade agreements acts for those machine tools for which acquisition was 
previously, but is no longer, restricted by 10 U.S.C. 2534. As a 
result, all metal working machinery products in Federal Supply Group 34 
are subject to the trade agreements acts.
Item XVIII--Authority To Waive Foreign Purchase Restrictions (DFARS 
Case 96-D319)
    This interim rule supersedes the interim rule issued by 
Departmental Letter 97-006 on January 17, 1997. The rule amends DFARS 
225.872, 225.70, and clauses at 252.225-7016 and 252.225-7029 to 
implement the waiver by the Under Secretary of Defense (Acquisition and 
Technology) of the foreign source restrictions of 10 U.S.C. 2534(a), 
for the acquisition of defense items manufactured in a qualifying 
county. This waiver is authorized by 10 U.S.C. 2534(d)(3), as amended 
by section 810 (the McCain Amendment) of the National Defense 
Authorization Act for Fiscal Year 1997 (Public Law 104-201).
Item XIX--Foreign Machine Tools and Powered and Non-Powered Valves 
(DFARS Case 96-D023)
    This final rule was issued by Departmental Letter 96-019, effective 
November 15, 1996 (61 FR 58488, November 15, 1996). The rule amends 
DFARS Subpart 225.70, and removes the clause and provision at 252.225-
7017 and 252.225-7040, to reflect the expiration of the restriction on 
the acquisition of machine tools and powered and non-powered valves at 
10 U.S.C. 2534. Related amendments are made at 212.504(a) and 252.212-
7001(b).
Item XX--Preference for U.S. Firms on MILCON Overseas Construction 
(DFARS Case 96-D328)
    The interim rule issued by Departmental Letter 97-008, on January 
17, 1997, is converted to a final rule without change. The rule amends 
DFARS 225.7000, 225.7003, 236.274, and 236.570, and adds a new 
provision at 252.236-7010, to implement Section 112 of the Military 
Construction Appropriations Act for Fiscal Year 1997 (Public Law 104-
196). Section 112 provides a 20 percent evaluation preference for U.S. 
firms on contracts estimated to exceed $1,000,000 for military 
construction projects in the U.S. territories and possessions in the 
Pacific and on Kwajalein atoll, or in countries bordering the Arabian 
Gulf.
Item XXI--Restriction on MILCON Overseas Architect-Engineer Contracts 
(DFARS Case 96-D329)
    The interim rule issued by Departmental Letter 97-008, on January 
17, 1997, is converted to a final rule without change. The rule adds 
new sections at DFARS 225.7004 and 236.602-70, amends 236.102 and 
236.609-70, and adds a new provision at 252.236-7011, to implement 
Section 111 of the Military Construction Appropriations Act for Fiscal 
Year 1997 (Public Law 104-196). Section 111 restricts award of 
architect-engineer contracts estimated to exceed $500,000 for projects 
to be accomplished in Japan, in any North Atlantic Treaty Organization 
member country, or in countries bordering the Arabian Gulf, to U.S. 
firms or U.S. firms in joint venture with hose nation firms.
Item XXII--Application of Berry Amendment (DFARS Case 96-D333)
    This interim rule was issued by departmental Letter 97-009, 
effective February 7, 1997 (62 FR 5779, February 7, 1997). The rule 
amends DFARS 225.7002, 252.212-7001, 252.225-7012, and 252.225-7014; 
adds a new section

[[Page 34118]]

at 244.403 and a new clause at 252.244-7000; and removes language at 
212.504(a)(i). The rule implements Section 8109 of the National Defense 
Appropriations Act for Fiscal Year 1997 (Public Law 104-208). Section 
8109 provides that, in applying the Berry Amendment (10 U.S.C. 2241 
note), the term ``synthetic fabric and coated synthetic fabric'' shall 
be deemed to include all textile fibers and yarns that are for use in 
such fabrics; and that the domestic source restrictions of the Berry 
Amendment shall apply to contracts and subcontracts for the procurement 
of commercial items.
Item XXIII--Aircraft Ejection Seats (DFARS Case 96-D022)
    This final rule amends DFARS 225.7009 to remove the restriction on 
acquisition of aircraft ejection seats manufactured in a foreign 
nation, as the restriction applied only to contracts awarded using 
funds appropriated for fiscal years 1984 through 1989.
Item XXIV--Ball and Roller Bearings (DFARS Case 96-D331)
    This final rule was issued by Departmental Letter 96-019, effective 
November 15, 1996 (61 FR 58489, November 15, 1996). The rule amends 
DFARS 225.7019-1 to reflect the extension, beyond fiscal year 1996, of 
the requirement to acquire ball and roller bearings from domestic 
sources when using appropriated funds.
Item XXV--Ball and Roller Bearings--Waiver (DFARS Case 97-D300)
    This final rule amends DFARS 225.7019-3 to implement the waiver 
authority of 10 U.S.C. 2534(d)(6) with regard to the acquisition of 
ball and roller bearings. 10 U.S.C. 2534(d)(6) provides that the 
Secretary of Defense may waive the foreign source restrictions of 10 
U.S.C. 2534(a) for a procurement that is for an amount less than the 
simplified acquisition threshold, when simplified acquisition 
procedures are being used.
Item XXVI--Carbon Fiber (DFARS Case 96-D010)
    This final rule amends DFARS Subpart 225.70 and 225.71 to remove 
the restriction on foreign acquisition of coal and petroleum pitch 
carbon fiber and to move, from Subpart 225.70 to Subpart 225.71, the 
restriction on foreign acquisition of polyacrylonitrile (PAN) carbon 
fiber. The restrictions on foreign acquisition of these items are no 
longer required by statute. However, the restriction on PAN carbon 
fiber has been retained in the DFARS as a matter of policy. Related 
amendments are made at 208.7203(c), 252.225-7022, and 252.225-7025; and 
the clause at 252.225-7034 is removed.
Item XXVII--Contingent Fees--Foreign Military Sales (DFARS Case 96-
D021)
    This interim rule was issued by departmental Letter 97-007, 
effective January 17, 1997 (62 FR 2616, January 17, 1997). The rule 
amends DFARS Subpart 225.73 and the clauses at 252.212.7001 and 
252.225-7027 to conform to the FAR revisions published as Item I of 
Federal Acquisition Circular 90-40. The FAR revisions removed 
requirements for prospective contractors to provide certain information 
to the Government regarding contingent fee arrangements. This interim 
rule makes the associated DFARS changes related to contingent fees 
under contracts for foreign military sales.
Item XXVIII--Offset Arrangements (DFARS Case 96-D018)
    This final rule revises DFARS 225.7307 to update policy pertaining 
to DoD involvement in foreign military sale offset arrangements. In 
accordance with the Presidential policy statement of April 16, 1990, 
DoD does not encourage, enter into, or commit U.S. firms to foreign 
military sale offset arrangements. The decision whether to engage in 
offset arrangements, and the responsibility for negotiating and 
implementing such arrangements, resides with the companies involved.
Item XXIX--Individual Compensation (DFARS Case 96-D314)
    The interim rule published as Item XX of DAC 91-11 is converted to 
a final rule without change. The rule amended DFARS Part 231 to 
implement Section 8086 of the National Defense Appropriations Act for 
Fiscal Year 1996 (Public Law 104-61). Section 8086 limits allowable 
costs for individual compensation to $200,000 per year under DoD 
contracts awarded after July 1, 1996, that are funded by fiscal year 
1996 appropriations.
Item XXX--Individual Compensation (DFARS Case 96-D330)
    The interim rule issued by Departmental Letter 96-023 on December 
13, 1996, is converted to a final rule without change. The rule amends 
DFARS 231.205-6(a) to implement Section 8071 of the National Defense 
Appropriations Act for Fiscal Year 1997 (Public Law 104-208). Section 
8071 limits allowable costs for individual compensation to $250,000 per 
year under DoD contracts funded by fiscal year 1997 appropriations.
Item XXXI--Restructuring Costs/Bonuses (DFARS Case 96-D332)
    The interim rule issued by Departmental Letter 96-020 on November 
15, 1996, is converted to a final rule without change. The rule amends 
DFARS 231.205-6(f) to implement Section 8095 of the National Defense 
Appropriations Act for Fiscal Year 1997 (Public Law 104-208). Section 
8095 prohibits the use of fiscal year 1997 funds to reimburse a 
contractor for costs paid to an employee for a bonus or other payment 
in excess of the normal salary paid by the contractor to the employee, 
when such payment is part of restricting costs associated with a 
business combination.
Item XXXII--Restructuring Costs (DFARS Case 96-D334)
    The interim rule issued by Departmental Letter 96-022, on December 
6, 1996, is converted to a final rule without change. The rule amends 
DFARS 231.205-70 to implement Section 8115 of the National Defense 
Appropriations Act for Fiscal Year 1997 (Public Law 104-208). Section 
8115 prohibits the use of fiscal year 1997 funds to reimburse a 
contractor for external restructuring costs associated with a business 
combination unless certain conditions are met.
Item XXXIII--Earned Value Management Systems (DFARS Case 96-D024)
    This interim rule was issued by Departmental Letter 97-011, 
effective March 5, 1997 (62 FR 9990, March 5, 1997). The rule amends 
DFARS Parts 234, 242, and 252 to recognize industry-standard guidelines 
for earned value management systems (EVMS) as an alternative to DoD-
unique cost/schedule control systems under DoD contracts. Since DoD's 
cost/schedule control systems criteria are considered to be equivalent 
to EVMS, contractors' previously approved cost/schedule control systems 
are acceptable under the EVMS criteria. However, it is no longer 
necessary for DoD contractors to create or maintain DoD-unique cost/
schedule control systems at facilities where acceptable EVMS exist.
Item XXXIV--Information Technology Management Reform Act (DFARS Case 
96-D017)
    The interim rule issued by Departmental Letter 97-002, on January 
8, 1997, is converted to a final rule with minor editorial changes at 
239.7003(f)(1), 239.7102-3, and 239.7302(b)(2)(i). The rule amends 
DFARS Part 239 to conform to the FAR revisions published as Item I of 
Federal

[[Page 34119]]

Acquisition Circular 90-41. The FAR revisions implemented the 
Information Technology Management Reform Act of 1996 (Division E of 
Public Law 104-106).
Item XXXV--Automatic Data Processing Equipment Leading Cost (DFARS Case 
96-D011)
    The interim rule issued by Departmental Letter 97-010, on March 3, 
1997, is converted to a final rule without change. The rule amends 
DFARS Subpart 239.73 to remove references and requirements pertaining 
to the cost principle on automatic data processing equipment leasing 
costs that was removed from FAR 31.205-2 by federal Acquisition 
Circular 90-44.
Item XXXVI--Contract Administration Under No-Charge Reciprocal 
Agreements (DFARS Case 96-D014)
    This final rule amends DFARS 242.101 to specify that DoD may 
provide contract administration services to a non-DoD organization 
under a no-charge reciprocal agreement. The Arms Export Control Act 
(Public Law 90-629), as amended by Section 110 of Public Law 99-83, 
provides that the U.S. Government may perform contract administration 
services, without charge, for a foreign government that is a member of 
the North Atlantic Treaty Organization, if the foreign government 
provides such services to the U.S. Government on a no-charge reciprocal 
basis.
Item XXXVII--Submission of Commercial Freight Bills (DFARS Case 97-
D006)
    This final rule removes the clause at DFARS 252.242-7002, 
Submission of Commercial Freight Bills for Audit, and the corresponding 
prescriptive language at 242.1404-2-70. The DFARS clause has been 
superseded by the clause at FAR 52.247-67, Submission of Commercial 
Transportation Bills to the General Services Administration for Audit.
Item XXXVIII--Monitoring Contractor Costs (DFARS Case 96-D029)
    This final rule removes DFARS Subpart 242.70, Monitoring Contractor 
Costs, to eliminate specific requirements for the establishment of 
formal programs for Government monitoring of contractor costs. This 
change is expected to provide greater flexibility in the adoption of 
alternate techniques for control and monitoring of costs under 
Government contracts.
Item XXXIX--Downsizing Notice (DFARS Case 96-D321)
    This final rule was issued by Departmental Letter 96-024, effective 
December 26, 1996 (61 FR 67952, December 26, 1996). The rule removes 
DFARS 249.102, 249.7002, 252.249-7001, and DD Form 2604 to implement 
Section 825 of the National Defense Authorization Act for Fiscal Year 
1997 (Public Law 104-201). Section 825 repealed the requirement for the 
Secretary of Defense to notify the Secretary of Labor if a modification 
or termination for convenience of a major defense contract or 
subcontract will have substantial impact on employment.
Item XL--Notice of Termination (DFARS Case 96-D320)
    The interim rule issued by Departmental Letter 96-021 on December 
6, 1996, is converted to a final rule without change. The rule revises 
DFARS 249.7003 and the clause at 252.249-7002 to implement Section 824 
of the National Defense Authorization Act for Fiscal Year 1997 (Public 
Law 104-201). Section 824 streamlines the statutory requirements for 
providing notification to contractors regarding contract terminations 
or reductions that are expected to occur as a result of reduced funding 
levels under major defense programs.
Item XLI--Economically Disadvantaged Representations (DFARS Case 97-
D004)
    This final rule amends the provision at DFARS 252.219-7000 to 
update the listed categories of socially and economically disadvantaged 
individuals, for conformance with the Small Business Administration 
regulations at 13 CFR 124.105.
Item XLII--Trade Agreements Clauses (DFARS Case 96-D008)
    This final rule amends the provision and clause at DFARS 252.255-
7006 and 252.225-7007 to (1) specify that offers of foreign end 
products will be evaluated in accordance with the policies and 
procedures of DFARS Part 225; (2) revise the definitions of ``Caribbean 
Basin country end product,'' ``designated country end product,'' and 
``NAFTA country end product'' for consistency with the FAR definitions 
of these terms; and (3) specify that a contractor may deliver only 
domestic end products unless, in its offer, it specified delivery of 
U.S. made, qualifying country, designated country, Caribbean Basin 
country, NAFTA country, or other nondesignated country end products.
Item XLIII--Caribbean Basin and Designated Countries (DFARS Case 96-
D015)
    This final rule amends the clause at DFARS 252.225-7007 to (1) add 
a definition of ``Caribbean Basin country'' in place of a reference to 
the definition at FAR 25.401, and (2) update the definition of 
``designated country'' for conformance with the policy of the U.S. 
Trade Representative.
Editorial Revisions
    (1) DFARS 201.603-2(l) is amended to update the terminology in the 
introductory text.
    (2) DFARS 202.101 is amended to add the Defense Finance and 
Accounting Service to the list of contracting activities and defense 
agencies; to update the name of the Defense Information Systems Agency 
contracting activity; and to reflect the change in name of the Defense 
Mapping Agency to the National Imagery and Mapping Agency.
    (3) DFARS 203.409 is redesignated as 203.405 for conformance with 
the designation of the corresponding FAR section.
    * (4) DFARS 203.502 IS AMENDED TO CORRECT A TYPOGRAPHICAL ERROR.
    (5) DFARS 203.570-5 is amended to remove the phrase ``in FAR Part 
13.''
    (6) DFARS 204.7003(a)(1)(i)(G) is revised to reflect the change in 
name of the Defense Mapping Agency to the National Imagery and Mapping 
Agency.
    (7) DFARS 208.002(f) is amended to update the address of the 
Defense National Stockpile Center.
    (8) DFARS 208.7203 is amended to remove the reference to FAR 
Subpart 8.2, as Subpart 8.2 was removed from the FAR by Federal 
Acquisition Circular 90-45.
    (9) DFARS 212.301(f)(iii) is amended to show the complete title of 
the clause at 2562.212-7001.
    (10) DFARS 214.406 is redesignated as 214.407 for conformance with 
the designation of the corresponding FAR section. Newly designated 
214.407-3(e)(v) is amended to reflect the change in name of the Defense 
Mapping Agency to the National Imagery and Mapping Agency.
    (11) DFARS 215.872-4(d)(1) is amended to revise the phrase 
``commercial products'' to read ``commercial items,'' and to update the 
FAR reference.
    (12) DFARS 216.307 and 252.216-7002 are removed as these DFARS 
sections have been superseded by the revisions to the clause at FAR 
52.216-15 published in Federal Acquisition Circular 90-39.

[[Page 34120]]

    (13) DFARS 219.1006(b)(2) is amended to revise the title ``Office 
of the Under Secretary of Defense (Acquisition & Technology) to read 
``Office of the Deputy Under Secretary of Defense (International & 
Commercial Programs).''
    (14) DFARS 224.202 is redesignated as 224.203 for conformance with 
the designation of the corresponding FAR section.
    (15) DFARS is amended by redesignating paragraph (b) as paragraph 
(a)(3), for conformance with the designation of the corresponding FAR 
paragraph.
    (16) DFARS 225.403 is amended by redesignating paragraphs (c) and 
(d)(1)(A) as paragraphs (b) and (c)(1)(A), respectively, for 
conformance with the designation of the corresponding FAR paragraphs.
    (17) DFARS 233.214 is redesignated as 233.215 for conformance with 
the designation of the corresponding FAR section.
    (18) DFARS 234.003 is amended to update the referenced. DoDI 5000.2 
has been cancelled and replaced by DoD 5000.2-R.
    (19) DFARS 235.006(b)(i)(C)(1)(iii) is amended to update the FAR 
reference.
    * (20) DFARS 235.006(b)(i)(C)(2) is amended to correct a 
typographical error.
    (21) DFARS 235.010 is amended to update the address of the Defense 
Technical Information Center.
    (22) DFARS 237.7102 (a) and (b) are amended to show the correct 
titles of the clauses at 252.237-7012 and 252.237-7013.
    (23) DFARS 242.101(d)(i) and (ii) are amended to revise the title 
``Assistant Secretary of Defense (Comptroller)'' to read ``Under 
Secretary of Defense (Comptroller/Chief Financial Officer).''
    (24) DFARS 242.102(b)(ii) is amended to revise the name ``Defense 
Contract Management Area Operations (DCMAO)'' to read ``Defense 
Contract Management Command (DCMC).''
    (25) DFARS Part 245 is amended to update addresses and office 
titles; and to remove the language at 245.608-5(d) and insert similar 
text at 245.608-72.
    (26) DFARS 249.110 is amended in Table 49-1, Part III, paragraphs 
1b and 4, to correct typographical errors.
    (27) DFARS 252.203-7001 is amended in paragraph (g) to update the 
FAR reference; and in paragraph (h) to update the telephone number of 
The Denial of Benefits Office, U.S. Department of Justice.
    *(28) DFARS 252.209-7002(a)(3) is amended to revise the word 
``county'' to read ``country.''
    (29) DFARS 252.227-7030 is amended to correct the reference in the 
introductory text.
    *(30) DFARS 252.232-7007(b) is amended to correct a typographical 
error.
    (31) DFARS Part 253 is amended to update DD Forms 350; 375; 375C; 
1057; 1149; 1149C; 1342; 1419; 1637; 1639; 1640; 1659; 1662; and 1861; 
and to remove obsolete DD Form 1851.
    (32) DFARS Appendix G is amended to update activity names and 
addresses.
    (33) Appenix I is amended to revise the office symbol 
``OUSD(A&T)SADBU'' to read ``DUSD(I&CP)SADBU'' each place it appears.

    * The asterisked items are revisions being made only in the 
loose-leaf edition of the DFARS.

    Note: This DAC incorporates, into the loose-edition of the 
DFARS, revisions previously issued by Departmental Letters 96-017 
through 97-011. DFARS revisions contained in departmental letters 
issued after 97-011 will be included in a future DAC.

List of Subjects in 48 CFR Parts 201, 202, 203, 204, 208, 209, 212, 
214, 215, 216, 219, 222, 224, 225, 227, 228, 229, 231, 232, 233, 
234, 235, 236, 237, 239, 242, 243, 245, 246, 249, 252, and 253

    Government procurement.
Michele P. Peterson,
Executive Director, Defense Acquisition Regulations Council.

Interim Rules Adopted as Final Without Change

PARTS 209 AND 243--[AMENDED]

    The interim rule that was published at 61 FR 25408 on May 21, 1996, 
is adopted as final without change.

PARTS 225, 236, AND 252--[AMENDED]

    The interim rule that was published at 62 FR 2856 on January 17, 
1997, is adopted as final without change.

PARTS 225 AND 252--[AMENDED]

    The interim rule that was published at 61 FR 37841 on July 22, 
1996, is adopted as final without change.

PART 231--[AMENDED]

    The interim rule that was published at 61 FR 36305 on July 10, 
1996, is adopted as final without change.

PART 231--[AMENDED]

    The interim rule that was published at 61 FR 58490 on November 15, 
1996, is adopted as final without change.

PART 231--[AMENDED]

    The interim rule that was published at 61 FR 64635 on December 6, 
1996, is adopted as final without change.

PART 231--[AMENDED]

    The interim rule that was published at FR 65478 on December 13, 
1996, is adopted as final without change.

PART 239--[AMENDED]

    The interim rule that was published at 62 FR 9375 on March 3, 1997, 
is adopted as final without change.

PARTS 249 AND 252--[AMENDED]

    The interim rule that was published at 61 FR 64636 on December 6, 
1996, is adopted as final without change.

Interim Rules Adopted as Final With Changes

PARTS 219 AND 252--[AMENDED]

    The interim rule that was published at 61 FR 39900 on July 31, 
1996, is adopted as final with an amendment at section 252.219-7004 as 
set forth in this document.

PARTS 225, 236, AND 252--[AMENDED]

    The interim rule that was published at 62 FR 2857 on January 17, 
1997, is adopted as final with an amendment at section 236.609-70 as 
set forth in this document.

PART 239--[AMENDED]

    The interim rule that was published at 62 FR 1058 on January 8, 
1997, is adopted as final with amendments at sections 239.7003, 
239.7102-3 and 239.7302 as set forth in this document.

Amendments to 48 CFR Chapter 2 (Defense Federal Acquisition Regulation 
Supplement)

    48 CFR Chapter 2 (the Defense Federal Acquisition Regulation 
Supplement) is amended as follows:
    1. The authority citation for 48 CFR Parts 201, 202, 203, 204, 208, 
209, 212, 214, 215, 216, 219, 222, 224, 225, 227, 228, 229, 231, 232, 
233, 234, 235, 236, 237, 239, 242, 243, 245, 246, 249, 252, 253, and 
Appendices G and I to subchapter I continues to read as follows:

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

[[Page 34121]]

PART 201--FEDERAL ACQUISITION REGULATIONS SYSTEM

    2. Section 201.603-2 is amended by revising the introductory text 
of paragraph (1) to read as follows:


Sec. 201.603-2  Selection.

    (1) Pursuant to 10 U.S.C. 1724, in order to qualify to serve as a 
contracting officer with authority to award or administer contracts for 
amounts above the simplified acquisition threshold, a person must--
* * * * *

PART 202--DEFINITIONS OF WORDS AND TERMS


Sec. 202.101  [Amended]

    3. Section 202.101 is amended in the definition of ``Contracting 
activity'' by adding, after the entry ``Defense Advanced Research 
Projects Agency Office of the Deputy Director, Management'', the entry 
``Defense Finance and Accounting Service External Services, Defense 
Finance and Accounting Service''; by removing the entry ``Defense 
Information Systems Agency Headquarters, Defense Information Systems 
Agency Defense Commercial Communications Office'' and inserting in its 
place the entry ``Defense Information Systems Agency Defense 
Information Technology Contracting Organization''; by removing the 
entry ``Defense Mapping Agency Headquarters, Office of Acquisition, 
Installation and Logistics'' and inserting in its place the entry 
``National Imagery and Mapping Agency Procurement and Contracting 
Office''; and in the definition of ``Departments and agencies'' by 
adding, after the phrase ``the Defense Commissary Agency,'' the phrase 
``the Defense Finance and Accounting Service,''; and by removing the 
phrase ``Defense Mapping Agency'' and inserting in its place the phrase 
``National Imagery and Mapping Agency''.

PART 203--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
INTEREST


Sec. 203.409  [Redesignated]

    4. Section 203.409 is redesignated as section 203.405.


Sec. 203.570-5  [Amended]

    5. Section 203.570-5 is amended by removing the words ``in FAR Part 
13''.

PART 204--ADMINISTRATIVE MATTERS

    6. Section 204.670-1 is amended by revising paragraph (c)(4) to 
read as follows:


Sec. 204.670.-1  Definitions.

* * * * *
    (c) * * *
    (4) For the Defense Logistics Agency: Headquarters, Defense 
Logistics Agency, Attn: Directorate of Procurement (Acquisition 
Operations Team), 8725 John J. Kingman Road, Suite 3147, Ft. Belvoir, 
VA 22060-6221
* * * * *
    7. Section 204.670-2 is amended by revising paragraph (a)(1) to 
read as follows:


Sec. 204.670-2  Reportable contracting actions.

    (a) * * *
    (1) All contracting actions, including actions executed by DoD for 
purchase of land, or rental or lease of real property, that obligate or 
deobligate more than $25,000; and
* * * * *
    8. Section 204.670-9 is amended by revising the introductory text 
and paragraph (a) to read as follows:


Sec. 204.670-9  Reporting of individual contracting actions of $25,000 
or less.

    Under the Small Business Competitiveness Demonstration Program (see 
FAR subpart 19.10), contracting actions of $25,000 or less in four 
designated industry groups must be reported in the same manner as if 
the actions were in excess of $25,000.
    (a) Report contracting actions of $25,000 or less in the designated 
industry groups on both the DD Form 350 and the DD Form 1057.
* * * * *
    9. Section 204.7003 is amended by revising paragraph (a)(1)(i)(G) 
to read as follows:


Sec. 204.7003  Basic PII number.

    (a) * * *
    (1) * * 
    (i) * * *
    (G) National Imagery and Mapping Agency NIMA
* * * * *


Sec. 204.7202-1  [Amended]

    10. Section 204.7202-1 is amended by redesignating paragraph (c)(5) 
as paragraph (d).


Sec. 204.7202-2  [Amended]

    11. Section 204.7202-2 is amended in the introductory text by 
revising, in the second sentence, the phrase ``Dun and Bradstreet'' to 
read ``Dun & Bradstreet''; and in the introductory text of paragraph 
(b)(1) by inserting the word ``Ask'' before the phrase ``Dun & 
Bradstreet''.

PART 208--REQUIRED SOURCES OF SUPPLIES AND SERVICES

    12. Section 208.002 is amended by revising paragraph (f) to read as 
follows:


Sec. 208.002  Use of other Government supply sources.

    (f) Detailed information on strategic and critical materials in 
excess of national stockpile requirements (e.g., metals, ores, 
chemicals) is available from the Defense National Stockpile Center, 
8725 John J. Kingman Road, Suite 4616, Fort Belvoir, VA 22060-6223.
* * * * *
    13. Section 208.7203 is amended by revising paragraph (c); by 
removing paragraph (d); by redesignating paragraphs (e) through (g) as 
paragraphs (d) through (f), respectively; and by revising newly 
designated paragraph (d). The revised text reads as follows:


Sec. 208.7203  Authority.

* * * * *
    (c) Acquisition of items restricted under 225.7010 and 225.71;
    (d) Use of multiyear contracting (FAR subpart 17.1);
* * * * *

PART 209--CONTRACTOR QUALIFICATIONS

    14. Section 209.104-1 is amended by revising the first sentence of 
paragraph (g)(ii)(C) introductory text, by adding paragraph (g)(ii)(D), 
and by removing paragraph (g)(iii). The revised and added text reads as 
follows:


Sec. 209.104-1  General standards.

* * * * *
    (g) * * *
    (ii) * * *
    (C) In accordance with 10 U.S.C. 2536(b)(1)(A), the Secretary of 
Defense may waive the prohibition in paragraph (g)(ii)(A) of this 
subsection upon determining that the waiver is essential to the 
national security interest of the United States.* * *
* * * * *
    (D) In accordance with 10 U.S.C. 2536(b)(1)(B), the Secretary of 
Defense may, in the case of a contract awarded for environmental 
restoration, remediation, or waste management at a DoD facility, waive 
the prohibition in paragraph (g)(ii)(A) of this subsection upon--
    (1) Determining that--
    (i) The waiver will advance the environmental restoration, 
remediation, or waste management objectives of DoD and will not harm 
the national security interests of the United States; and

[[Page 34122]]

    (ii) The entity to which the contract is awarded is controlled by a 
foreign government with which the Secretary is authorized to exchange 
Restricted Data under section 144c. of the Atomic Energy Act of 1954 
(42 U.S.C. 2164(c)); and
    (2) Notifying Congress of the decision to grant the waiver. The 
contract may be awarded only after the end of the 45-day period 
beginning on the date the notification is received by the appropriate 
Congressional committees.


Sec. 209.104-70  [Amended]

    15. Section 209.104-70 is amended by revising the section heading 
to read ``Solicitation provisions.''; and by removing paragraphs (c) 
and (d).

PART 212--ACQUISITION OF COMMERCIAL ITEMS


Sec. 212.301  [Amended]

    16. Section 212.301 is amended in paragraph (f)(iii) by inserting, 
after the word ``Statutes'', the phrase ``or Executive Orders''.

PART 214--SEALED BIDDING


Secs. 214.406 and 214.406-3  [Redesignated]

    17. Sections 214.406 and 214.406-3 are redesignated as sections 
214.407 and 214.407-3, respectively.
    18. Newly designated section 214.407-3 is amended by revising in 
the introductory text of paragraph (e) the reference ``FAR 14.406-3'' 
to read ``FAR 14.407-3'', and by revising paragraphs (e)(v) to read as 
follows:


Sec. 214.407-3  Other mistakes disclosed before award.

    (e) * * *
    (v) National Imagery and Mapping Agency; General Counsel, NIMA.
* * * * *

PART 215--CONTRACTING BY NEGOTIATION

    19. Section 215.872-4 is amended by revising paragraph (d)(1) to 
read as follows:


Sec. 215.872-4  Applicability.

* * * * *
    (d) * * *
    (1) Acquiring commercial items (see FAR Part 12);
* * * * *

PART 216--TYPES OF CONTRACTS

    20. Section 216.203-4-70 is amended by adding paragraph (c) to read 
as follows:


Sec. 216.203-4-70  Additional clauses.

* * * * *
    (c) Price adjustment for wage rates or material prices controlled 
by a foreign government.
    (1) The price adjustment clause at 252.216-7003, Economic Price 
Adjustment--Wage Rates or Material Prices Controlled by a Foreign 
Government, may be used in fixed-price supply and service contracts 
when--
    (i) The contract is to be performed wholly or in part in a foreign 
country; and
    (ii) A foreign government controls wage rates or material prices 
and may, during contract performance, impose a mandatory change in 
wages or prices of material.
    (2) Verify the base wage rates and material prices prior to 
contract award and prior to making any adjustment in the contract 
price.


Sec. 216.307  [Removed]

    21. Section 216.307 is removed.

PART 219--SMALL BUSINESS PROGRAMS

    22. The heading of Subpart 219.6 is revised to read as follows:

Subpart 219.6--Certificates of Competency


Sec. 219.602-3  [Amended]

    23. Section 219.602-3 is amended in paragraph (c)(i)(A) by removing 
the phrase ``Central Office's'' and inserting the word ``Headquarters' 
'' in its place.


Secs. 219.808 through 219.811-3  [Removed]

    24. Sections 219.808 through 219.811-3 are removed.


Sec. 219.1005  [Amended]

    25. Section 219.1005 is amended in paragraph (a) by removing the 
introductory text.
    26. Section 219.1006 is amended by revising paragraph (b)(2) to 
read as follows:


Sec. 219.1006  Procedures.

    (b) * * *
    (2) The Director, Small and Disadvantaged Business Utilization, 
Office of the Deputy Under Secretary of Defense (International & 
Commercial Programs), will determine whether reinstatement of small 
business set-asides are necessary to meet the agency goal and will 
recommend reinstatement to the Director, Defense Procurement. Military 
departments and defense agencies shall not reinstate small business 
set-asides unless directed by the Director, Defense Procurement.
* * * * *

PART 222--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

    27. Subpart 222.72 is added to read as follows:

Subpart 222.72--Compliance with Labor Laws of Foreign Governments

Sec.
222.7200  Scope of subpart.
222.7201  Contract clauses.


Sec. 222.7200  Scope of subpart.

    This subpart prescribes contract clauses, with respect to labor 
laws of foreign governments, for use when contracting for services or 
construction within a foreign country.


Sec. 222.7201  Contract clauses.

    (a) Use the clause at 252.222-7002, Compliance with Local Labor 
Laws (Overseas), in solicitations and contracts for services or 
construction to be performed outside the United States, its 
possessions, and Puerto Rico.
    (b) Use the clause at 252.222-7003, Permit from Italian 
Inspectorate of Labor, in solicitations and contracts for porter, 
janitorial, or ordinary facility and equipment maintenance services to 
be performed in Italy.
    (c) Use the clause at 252.222-7004, Compliance with Spanish Social 
Security Laws and Regulations, in solicitations and contracts for 
services or construction to be performed in Spain.

PART 224--PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION


Sec. 224.202  [Redesignated]

    28. Section 224.202 is redesignated as section 224.203.

PART 225--FOREIGN ACQUISITION


Sec. 225.202  [Amended]

    29. Section 225.202 is amended by redesignating paragraph (b) as 
paragraph (a)(3).


Secs. 225.205 and 225.205-70  [Removed]

    30. Sections 225.205 and 225.205-70 are removed.


Sec. 225.403  [Amended]

    31. Section 225.403 is amended by redesignating paragraphs (c) and 
(d)(1)(A) as paragraphs (b) and (c)(1)(A), respectively.
    32. Section 225.872-1 is amended by adding paragraph (d) to read as 
follows:


Sec. 225.872-1  General.

* * * * *
    (d) The Secretary of Defense has waived the restrictions of 10 
U.S.C. 2534(a) for the acquisition of defense

[[Page 34123]]

items manufactured in a qualifying country listed in paragraph (a) or
    (b) of this subsection, in accordance with the provisions of 10 
U.S.C. 2534(d)(3).
    33. Section 225.872-2 is amended by revising paragraph (a)(3) to 
read as follows:


Sec. 225.872-2  Applicability.

    (a) * * *
    (3) Other U.S. laws or regulations (e.g., the annual defense 
appropriations act); and
* * * * *
    34. Sections 225.971 and 225.972 are added to read as follows:


Sec. 225.971  Correspondence in English.

    Use the clause at 252.225-7041, Correspondence in English, in 
solicitations and contracts when contract performance will be wholly or 
in part in a foreign country.


Sec. 225.972  Authorization to perform.

    Use the clause at 252.225-7042, Authorization to Perform, in 
solicitations and contracts when contract performance will be wholly or 
in part in a foreign country.
    35. The heading of Subpart 225.70 is revised to read as follows:

Subpart 225.70--Authorization Acts, Appropriations Acts, and Other 
Statutory Restrictions on Foreign Acquisition

    36. Section 225.7005 is revised to read as follows:


Sec. 225.7005  Waiver of certain restrictions.

    (a) The Secretary of Defense has waived the restrictions of 10 
U.S.C. 2534(a) for the acquisition of defense items manufactured in a 
qualifying country listed in 225.872-1, in accordance with the 
provisions of 10 U.S.C. 2534(d)(3).
    (b) Where provided for elsewhere in this subpart, the restrictions 
on certain foreign purchases under 10 U.S.C. 2534(a) may be waived as 
follows:
    (1) The head of the contracting activity may waive the restriction 
on a case-by-case basis upon execution of a determination and findings 
that any of the following applies:
    (i) The restriction would cause unreasonable dalays.
    (ii) United States producers of the item would not be jeopardized 
by competition from a foreign country, and that country does not 
discriminate against defense items produced in the United States to a 
greater degree than the United States discriminates against defense 
items produced in that country.
    (iii) Application of the restriction would impede cooperative 
programs entered into between DoD and a foreign country, and that 
country does not discriminate against defense items produced in the 
United States to a greater degree than the United States discriminates 
against defense items produced in that country.
    (iv) Satisfactory quality items manufactured in the United States 
or Canada are not available.
    (v) Application of the restriction would result in the existence of 
only one source for the item in the United States or Canada.
    (vi) Application of the restriction is not in the national security 
interests of the United States.
    (vii) Application of the restriction would adversely affect a U.S. 
company.
    (2) The restriction is waived when it would cause unreasonable 
costs. The cost of the item of U.S. or Canadian origin is unreasonable 
if it exceeds 150 percent of the offered price, inclusive of duty, of 
items which are not of U.S. or Canadian origin.
    37. Section 225.7007-1 is revised to read as follows:


Sec. 225.7007-1   Restriction.

    In accordance with 10 U.S.C. 2534 and 225.7005(a), do not acquire a 
multipassenger motor vehicle (bus) unless it is manufactured in the 
United States or a qualifying country.
    38. Section 225.7007-3 is revised to read as follows:


Sec. 225.7007-3   Exceptions.

    This restriction does not apply in any of the following 
circumstances:
    (a) Buses manufactured in nonqualifying countries are needed for 
temporary use because buses manufactured in the United States or a 
qualifying country are not available to satisfy requirements that 
cannot be postponed. Such use may not, however, exceed the lead time 
required for acquisition and delivery of buses manufactured in the 
United States or a qualifying country.
    (b) The requirement for buses is temporary in nature. For example, 
to meet a special, nonrecurring requirement or a sporadic and 
infrequent recurring requirement, buses manufactured in nonqualifying 
countries may be used for temporary periods of time. Such use may not, 
however, exceed the period of time needed to meet the special 
requirement.
    (c) Buses manufactured in nonqualifying countries are available at 
no cost to the U.S. Government.
    (d) The acquisition is for an amount that does not exceed the 
simplified acquisition threshold.
    39. Section 225.7007-4 is revised to read as follows:


Sec. 225.7007-4   Waiver.

    The waiver criteria at 225.7005(b) apply to this restriction.


Sec. 225.7009   [Removed and reserved]

    40. Section 225.7009 is removed and reserved.
    41. Section 225.7010-1 is amended by revising the introductory text 
and paragraph (a) to read as follows:


Sec. 225.7010-1   Restriction.

    In accordance with 10 U.S.C. 2534 and defense industrial 
mobilization requirements (see subpart 208.72), do not acquire chemical 
weapons antidote contained in automatic injectors, or the components 
for such injectors, unless the injector or component is manufactured in 
the United States or Canada by a company that--
    (a) Is a producer under the industrial preparedness program at the 
time of contract award;
* * * * *
    42. Section 225.7010-2 is revised to read as follows:


Sec. 225.7010-2   Exception.

    In accordance with 10 U.S.C. 2534(g) and 225.7005(a), the 
restriction of 225.7010-1 does not apply to the acquisition of 
quantities of chemical weapons antidote contained in automatic 
injectors, or the components for such injectors, that exceed the amount 
needed to maintain the U.S. defense mobilization base (provided such 
quantity is an economical purchase quantity), if--
    (a) The acquisition is for an amount that does not exceed the 
simplified acquisition threshold; or
    (b) The chemical weapons antidote contained in automatic injectors, 
or the components for such injectors are manufactured in a qualifying 
country.
    43. Section 225.7010-3 is revised to read as follows:


Sec. 225.7010-3   Waiver.

    The waiver criteria at 225.7005(b) apply to this restriction.


Sec. 225.7013   [Removed and reserved]

    44. Section 225.7013 is removed and reserved.


Secs. 225.7013-1 and 225.7013-2   [Removed]

    45. Sections 225.7013-1 and 225.7013-2 are removed.
    46. Section 115.7016-1 is revised to read as follows:


Sec. 225.7016-1   Restriction.

    In accordance with 10 U.S.C. 2534 and 225.7005(a), do not acquire 
air circuit breakers for naval vessels unless they are manufactured in 
the United States or a qualifying country.

[[Page 34124]]

    47. Section 225.7016-2 is revised to read as follows:


Sec. 225.7016-2   Exceptions.

    This restriction does not apply if--
    (a) The acquisition is for an amount that does not exceed the 
simplified acquisition threshold; or
    (b) Spare or repair parts are needed to support air circuit 
breakers manufactured in a nonqualifying country. Support includes the 
purchase of spare air circuit breakers where those from alternate 
sources are not interchangeable.
    48. Section 225.7016-3 is revised to read as follows:


Sec. 225.7016-3   Waiver.

    The waiver criteria at 225.7005(b) apply to this restriction.
    49. Section 225.7019-1 is amended by revising paragraph (a) to read 
as follows:


Sec. 225.7019-1R   Restrictions.

    (a) In accordance with 10 U.S.C. 2534 and 225.7005(a), through 
fiscal year 2000, do not acquire ball and roller bearings or bearing 
components that are not manufactured in the United States or a 
qualifying country.
* * * * *
    50. Section 225.7019-3 is amended by revising paragraph (a)(1)(iv); 
by redesignating paragraphs (a)(2) and (a)(3) as paragraphs (a)(3) and 
(a)(4), respectively; and by adding a new paragraph (a)(2). The revised 
and added text reads as follows:


Sec. 225.7019-3   Waiver.

    (a) * * *
    (1) * * *
    (iv) Application of the restriction would impede cooperative 
programs entered into between DoD and a foreign country, and that 
country does not discriminate against defense items produced in the 
United States to a greater degree than the United States discriminates 
against defense items produced in that country;
* * * * *
    (2) If the acquisition is for an amount less than the simplified 
acquisition threshold and simplified acquisition procedures are being 
used.
* * * * *


Sec. 225.7020   [Removed and reserved]

    51. Section 225.7020 is removed and reserved.


Secs. 225.7020-1 and 225.7020-2   [Removed]

    52. Sections 225.7020-1 and 225.7020-2 are removed.
    53. Section 225.7022-1 is amended by revising paragraph (b) to read 
as follows:


Sec. 225.7022-1   Restrictions.

* * * * *
    (b) In accordance with 10 U.S.C. 2534(a)(3)(B) and 225.7005(a), do 
not purchase a totally enclosed lifeboat that is a component of a naval 
vessel, unless it is manufactured in the United States or a qualifying 
country. In accordance with 10 U.S.C. 2534(h), this restriction may not 
be implemented through the use of a contract clause or certification. 
Implementation shall be effected through management and oversight 
techniques that achieve the objective of the restriction without 
imposing a significant management burden on the Government or the 
contractor involved.
    54. Section 225.7022-2 is revised to read as follows:


Sec. 225.7022.2   Exceptions.

    The restriction in 225.7022-1(b) does not apply if--
    (a) The acquisition is for an amount that does not exceed the 
simplified acquisition threshold; or
    (b) Spare or repair parts are needed to support totally enclosed 
lifeboats manufactured in a nonqualifying country.
    55. Section 225.7022-3 is revised to read as follows:


Sec. 225.7022-3   Waiver.

    The waiver criteria at 225.7005(b) apply only to the restriction of 
225.7022-1(b).
    56. Subpart 225.71 is revised to read as follows:

Subpart 225.71--Other Restrictions on Foreign Acquisition

Sec.
225.7100  Scope of subpart.
225.7101  Definitions.
225.7102  Forgings.
225.7102-1  Policy.
225.7102-2  Exceptions.
225.7102-3  Waiver.
225.7102-4  Contract clause.
225.7103  Polyacrylonitrile (PAN) carbon fiber.
225.7103-1  Policy.
225.7103-2  Waivers.
225.7103-3  Contract clause.


Sec. 225.7100  Scope of subpart.

    This subpart contains foreign product restrictions which are based 
on policies designed to protect the defense industrial base.


Sec. 225.7101  Definitions.

    Relevant definitions are in the clause at 252.225-7025, Restriction 
on Acquisition of Forgings.


Sec. 225.7102  Forgings.


Sec. 225.7102-1  Policy.

    DoD requirements for the following forging items, whether as end 
items or components, shall be acquired from domestic sources (as 
described in the clause at 252.225-7025) to the maximum extent 
practicable--

------------------------------------------------------------------------
                   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.               
------------------------------------------------------------------------

Sec. 225.7102-2  Exceptions.

    The policy in 225.7102-1 does not apply to acquisitions--
    (a) Using simplified acquisition procedures, unless the restricted 
item is the end item being purchased;
    (b) Overseas for overseas use; or
    (c) When the quantity acquired exceeds the amount needed to 
maintain the U.S. defense mobilization base (provided such quantity is 
an economical purchase quantity). The restriction to domestic sources 
does not apply to the quantity above that required to maintain the 
base, in which case, qualifying country sources may compete.


Sec. 225.7102-3  Waiver.

    Upon request from a prime contractor, the contracting officer may 
waive the requirement for domestic manufacture of the items covered by 
the policy in 225.7102-1.


Sec. 225.7102-4  Contract clause.

    (a) Use the clause at 252.225-7025, Restriction on Acquisition of 
Forgings, in solicitations and contracts, except for acquisitions--
    (1) Excepted in 225.7102-2; or
    (2) Where the contracting officer knows that the supplies being 
acquired do not contain the restricted items.
    (b) If an exception under 225.7102-2 applies to any portion of the 
acquisition, specify the exception in the solicitation and contract.


Sec. 225.7103  Polyacrylonitrile (PAN) carbon fiber.


Sec. 225.7103-1  Policy.

    All new major systems must use U.S. or Canadian manufacturers or 
producers for all PAN carbon fiber requirements.


Sec. 225.7103-2  Waivers.

    Contracting officers may, with the approval of the chief of the 
contracting office, waive, in whole or in part, the requirement of the 
clause at 252.225-7022. For example, a waiver may be

[[Page 34125]]

justified if a qualified U.S. or Canadian source cannot meet scheduling 
requirements.


Sec. 225.7103-3  Contract clause.

    Use the clause at 252.225-7022, Restriction on Acquisition of 
Polyacrylonitrile (PAN) Carbon Fiber, in all acquisitions for major 
systems (as defined in FAR part 2) that are not yet in production 
(milestone III as defined in DoD 50002.2-R, Mandatory Procedures for 
Major Defense Acquisition Programs (MDAPS) and Major Automated 
Information system (MAIS) Acquisition Programs). Also use the clause in 
contracts for major systems if the clause was used in prior program 
contracts.
    57. Section 225.7307 is revised to read as follows:


Sec. 225.7307  Offset arrangements.

    In accordance with the Presidential policy statement of April 16, 
1990, DoD does not encourage, enter into, or commit U.S. firms to FMS 
offset arrangements. The decision whether to engage in offsets, and the 
responsibility for negotiating and implementing offset arrangements, 
resides with the companies involved.


Secs. 225.7307-1 and 225.7307-2  [Removed]

    58. Sections 225.7307-1 and 225.7307-2 are removed.

PART 227--PATENTS, DATA, AND COPYRIGHTS

    59. Section 227.676 is added to read as follows:


Sec. 227.676  Foreign patent interchange agreements.

    (a) Patent interchange agreements between the United States and 
foreign governments provide for the use of patent rights, compensation, 
free licenses, and the establishment of committees to review and make 
recommendations on these matters. The agreements also may exempt the 
United States from royalty and other payments. The contracting officer 
shall ensure that royalty payments are consistent with patent 
interchange agreements.
    (b) Assistance with patent rights and royalty payments in the 
United States European Command (USEUCOM) area of responsibility is 
available from HQ USEUCOM, ATTN: ECLA, Unit 30400, Box 1000, APO AE 
09128; Telephone: DSN
    430-7474, Commercial 49-0711-680-7474; Telefax: 49-0711-680-7408.

PART 228--BONDS AND INSURANCE

    50. Section 228.370 is amended by adding paragraph (f) to read as 
follows:


Sec. 228.370  Additional clauses.

* * * * *
    (f) Use the clause at 252.228-7006, Compliance with Spanish Laws 
and Insurance, in solicitations and contracts for services or 
construction to be performed in Spain by other than a Spanish 
contractor or subcontractor.

PART 229--TAXES

    61. Section 229.101 is amended by redesignating paragraphs (d)(i), 
(d)(ii), and (d)(iii) as paragraphs (d)(iii), (d)(iv), and (d)(v), 
respectively; and by adding new paragraphs (d)(i), (d)(ii), and (d)(vi) 
to read as follows:


Sec. 229.101  Resolving tax problems.

* * * * *
    (d)(i) Tax relief agreements between the United States and foreign 
governments in Europe that exempt the United States from payment of 
specific taxes on purchases made for common defense purposes are 
maintained by the United States European Command (USEUCOM). For further 
information contact HQ USEUCOM, Attn: ECLA, Unit 30400, Box 1000, APO 
AE 09128; Telephone; DSN 430-7474, Commercial 49-0711-680-7474; 
Telefax: 49-0711-680-7408.
    (ii) Tax relief also may be available in countries that have not 
signed tax relief agreements. The potential for such relief should be 
explored in accordance with paragraph (d)(iii) of this section.
* * * * *
    (vi) Also see subpart 229.70 for special procedures for obtaining 
tax relief and duty-free import privileges when conducting U.S. 
Government acquisitions in certain foreign countries.
* * * * *
    62. Subpart 229.4 is added to read as follows:

Subpart 229.4--Contract Clauses

Sec.
229.402  Foreign contracts.
229.402-1  Foreign fixed-price contracts.
229.402-70  Additional clauses.


Sec. 229.402  Foreign contracts.


Sec. 229.402-1  Foreign fixed-price contracts.

    Use the clause at 252.229-7000, Invoices Exclusive of Taxes or 
Duties, in solicitations and contracts when a fixed-price contract will 
be awarded to a foreign concern.


Sec. 229.402-70  Additional clauses.

    (a) Use the clause at 252.229-7001, Tax Relief, in solicitations 
and contracts when a contract will be awarded to a foreign concern in a 
foreign country. When contract performance will be in Germany, use the 
clause with its Alternate I.
    (b) Use the clause at 252.229-7002, Customs Exemptions (Germany), 
in solicitations and contracts requiring the import of U.S. 
manufactured products into Germany.
    (c) Use the clause at 252.229-7003, Tax Exemptions (Italy), in 
solicitations and contracts when contract performance will be in Italy.
    (d) Use the clause at 252.229-7004, Status of Contractor as a 
Direct Contractor (Spain), in solicitations and contracts requiring the 
import into Spain of supplies for construction, development, 
maintenance, or operation of Spanish-American installations and 
facilities.
    (e) Use the clause at 252.229-7005, Tax Exemptions (Spain), in 
solicitations and contracts when contract performance will be in Spain.
    (f) Use the clause at 252.229-7006, Value Added Tax Exclusion 
(United Kingdom), in solicitations and contracts when contract 
performance will be in the United Kingdom.
    (g) Use the clause at 252.229-7007, Verification of United States 
Receipt of Goods, in solicitations and contracts when contract 
performance will be in the United Kingdom.
    (h) Use the clause at 252.229-7008, Relief from Import Duty (United 
Kingdom), in solicitations issued and contracts awarded in the United 
Kingdom.
    (i) Use the clause at 252.229-7009, Relief from Customs Duty and 
Value Added Tax on Fuel (Passenger Vehicles) (United Kingdom), in 
solicitations issued and contracts awarded in the United Kingdom for 
fuels (gasoline or diesel) and lubricants used in passenger vehicles 
(excluding taxis).
    (j) Use the clause at 252.229-7010, Relief from Customs Duty on 
Fuel (United Kingdom), in solicitations issued and contracts awarded in 
the United Kingdom that require the use of fuels (gasoline or diesel) 
and lubricants in taxis or vehicles other than passenger vehicles.
    63. Subpart 229.70 is added to read as follows:

Subpart 229.70--Special Procedures for Overseas Contracts

Sec.
229.7000  Scope of subpart.
229.7001  Tax exemption in Spain
229.7002  Tax exemption in the United Kingdom.
229.7002-1  Value added tax.
229.7002-2  Import duty.
229.7002-3  Value added tax or import duty problem resolution.
229.7002-4  Information required by HM Customs and Excise.

[[Page 34126]]

Sec. 229.7000  Scope of subpart.

    This subpart prescribes procedures to be used by contracting 
officers to obtain tax relief and duty-free import privileges when 
conducting U.S. Government acquisitions in certain foreign countries.


Sec. 229.7001  Tax exemption in Spain.

    (a) The Joint United States Military Group (JUSMG), Spain Policy 
Directive 400.4, or subsequent directive, applies to U.S. contracting 
offices acquiring supplies or services in Spain when the introduction 
of material or equipment into Spain is required for contract 
performance.
    (b) Upon award of a contract with a Direct Contractor, as defined 
in the clause at 252.229-7004, the contracting officer will notify 
JUSMG-MAAG Madrid, Spain, and HQ 16AF/LGTT and forward three copies of 
the contract to JUSMG-MAAG, Spain.
    (c) If copies of the contract are not available and duty-free 
import of equipment or materials is urgent, the contracting officer 
will send JUSMG-MAAG three copies of the Letter of Intent or a similar 
document indicating the pending award. In these cases, authorization 
for duty-free import will be issued by the Government of Spain. Upon 
formal award, the contracting officer will forward three copies of the 
completed contract to JUSMG-MAAG, Spain.
    (d) The contracting officer will notify JUSMG-MAAG, Spain, and HQ 
16AF/LGTT of ports-of-entry and identify the customs agents who will 
clear property on their behalf. Additional documents required for port-
of-entry and customs clearance can be obtained by contacting HQ 16AF/
LGTT. This information will be passed to the Secretaria General Tecnica 
del Ministerio de Hacienda (Technical General Secretariat of the 
Ministry of Finance). A list of customs agents may be obtained from the 
600 ABG, APO AE 90646.


Sec. 229.7002  Tax exemption in the United Kingdom.

    This section contains procedures to be followed in securing relief 
from the British value added tax and import duties.


Sec. 229.7002-1  Value added tax.

    (a) U.S. Government purchases qualifying for tax relief are 
equipment, materials, facilities, and services for the common defense 
effort and for foreign aid programs.
    (b) To facilitate the resolution of issues concerning specific 
waivers of import duty or tax exemption for U.S. Government purchases 
(see 229.7002-3), contracting offices shall provide the name and 
activity address of personnel who have been granted warranted 
contracting authority to Her Majesty's (HM) Customs and Excise at the 
following address: HM Customs and Excise, International Customs 
Division G, Branch 4, Adelaide House, London Bridge, London EC4R 9DB.


Sec. 229.7002-2  Import duty.

    No import duty shall be paid by the United States and contract 
prices shall be exclusive of duty, except when the administrative cost 
compared to the low dollar value of a contract makes it impracticable 
to obtain relief from contract import duty. In this instance, the 
contracting officer shall document the contract file with a statement 
that--
    (a) The administrative burden of securing tax relief under the 
contract was out of proportion to the tax relief involved;
    (b) It is impracticable to secure tax relief;
    (c) Tax relief is therefore not being secured; and
    (d) The acquisition does not involve the expenditure of any funds 
to establish a permanent military installation.


Sec. 229.7002-3  Value added tax or import duty problem resolution.

    In the event a value added tax or import duty problem cannot be 
resolved at the contracting officer's level, refer the issue to HQ 
Third Air Force, Staff Judge Advocate, Unit 4840, Box 45, APO AE 09459. 
Direct contact with HM Customs and Excise in London is prohibited.


Sec. 229.7002-4  Information required by HM Customs and Excise.

    (a) School bus contacts. Provide one copy of the contract and all 
modifications to HM Customs and Excise.
    (b) Road fuel contracts. For contracts that involve an application 
for relief from duty on the road fuel used in performance of the 
contract, provide--
    (1) To HM Customs and Excise--
    (i) Contract number;
    (ii) Name and address of contractor;
    (iii) Type of work (e.g., laundry, transportation);
    (iv) Area of work; and
    (v) Period of performance.
    (2) To the regional office of HM Custom and Excise to which the 
contractor applied for relief from the duty on road fuel--copy of the 
contract.
    (c) Other contracts awarded to United Kingdom firms. Provide 
information when requested by HM Customs and Excise.

PART 232--CONTRACT FINANCING

    64. Section 232.806 is revised to read as follows:


Sec. 232.806  Contract clause.

    (a)(1) Use the clause at 252.232-7008, Assignment of Claims 
(Overseas), instead of the clause at FAR 52.232-23, Assignment of 
Claims, in solicitations and contracts when contract performance will 
be in a foreign country.
    (2) Use Alternate I with the clause at FAR 52.232-23, Assignment of 
Claims, unless otherwise authorized under 232.803(d).

PART 233--PROTESTS, DISPUTES, AND APPEALS


Sec. 233.214  [Redesignated]

    65. Section 233.214 is redesignated as section 233.215.
    66. Section 233.215-70 is added to read as follows:


Sec. 233.215-70  Additional contract clause.

    Use the clause at 252.233-7001, Choice of Law (Overseas), in 
solicitations and contracts when contract performance will be outside 
of the United States, it possessions, and Puerto Rico, unless otherwise 
provided for in a government-to-government agreement.

PART 234--MAJOR SYSTEM ACQUISITION

    67. Section 234.003 is revised to read as follows:


Sec. 234.003  Responsibilities.

    DoD 5000.1, Defense Acquisition, and DoD 5000.2-R, Mandatory 
Procedures for Major Defense Acquisition Programs (MDAPs) and Major 
Automated Information System (MAIS) Acquisition Programs, contain the 
DoD implementation of OMB Circular A-109.

PART 235--RESEARCH AND DEVELOPMENT CONTRACTING


Sec. 235.006  [Amended]

    68. Section 235.006 is amended in paragraph (b)(i)(C)(1)(iii) by 
revising the parenthetical phrase ``(as defined in FAR 34.001)'' to 
read ``(as defined in FAR 2.101)''.
    69. Section 235.010 is amended in paragraph (b) by revising the 
last sentence to read as follows:


Sec. 235.010  Scientific and technical reports.

    (b) * * * Requests for eligibility and registration information 
should be addressed to DTIC-BCS, 8725 John J. Kingman Road, Suite 0944, 
Fort Belvoir, VA 22060-0944.

[[Page 34127]]

PART 236--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

    70. Section 236.274 is amended by revising paragraph (b)(2)(viii) 
to read as follows:


Sec. 236.274  Construction in foreign countries.

* * * * *
    (b) * * *
    (2) * * *
    (viii) Resolution of any forseeable problems that can be 
appropriately included in the agreement.
    71. Section 236.570 is amended by adding paragraph (d) to read as 
follows:


Sec. 236.570  Additional provisions and clauses.

* * * * *
    (d) Also see 246.710(4) for an additional clause applicable to 
construction contracts to be performed in Germany.
    72. Section 236.609-70 is amended by revising the section heading 
to read as follows:


Sec. 236.609-70  Additional provision and clause.

* * * * *

PART 237--SERVICE CONTRACTING


Sec. 237.7102  [Amended]

    73. Section 237.7102 is amended in paragraphs (a) and (b) by 
revising the word ``Instructions'' to read ``Instruction''.

PART 239--ACQUISITION OF INFORMATION RESOURCES

    74. Section 239.7003 is amended in paragraph (f)(1) by revising the 
first sentence to read as follows:


Sec. 239.7003  Procedures.

* * * * *
    (f) * * *
    (1) Send an SF 120, Report of Excess Personal Property, to the 
Defense Information Systems Agency, Chief Information Officer, Defense 
Automation Resources Management Program Division, Attn: D03D, 701 South 
Courthouse Road, Arlington, VA 22204-2199. * * *
* * * * *
    75. Section 239.7102-3 is revised to read as follows:


Sec. 239.7102-3  Contract clause.

    When contracting for computer equipment or systems that are to be 
used to process classified information, use the clause at 252.239-7000, 
Protection Against Compromising Emanations.
    76. Section 239.7302 is amended by revising paragraph (b)(2)(i) to 
read as follows:


Sec. 239.7302  Approvals and screening.

* * * * *
    (b) * * *
    (2) * * *
    (i) Submits a request for screening the requirement against the 
pool of Government-owned ADPE to determine if available excess 
equipment could satisfy the contractor's needs. The request should 
include the contractor's supporting documentation. The request is sent 
to--

Defense Information Systems Agency, Chief Information Officer, 
Defense Automation Resources Management Program Division, Attn: 
D03D, 701 South Courthouse Road, Arlington, VA 22204-2199; or
* * * * *


Sec. 239.7500  [Amended]

    77. Section 239.7500 is amended by removing the word ``resources'' 
and inserting the word ``technology'' in its place.

PART 242--CONTRACT ADMINISTRATION

    78. Section 242.101 is amended in the introductory text of 
paragraph (d)(i) and in paragraph (d)(ii) by revising ``Assistant 
Secretary of Defense (Comptroller)'' to read ``Under Secretary of 
Defense (Comptroller/Chief Financial Officer)''; and by revising 
paragraph (d)(i)(A) to read as follows:


Sec. 242.101  Policy.

* * * * *
    (d)(i) * * *
    (A) Quality assurance, contract administration, and audit services 
provided under a no-charge reciprocal agreement;
* * * * *


Sec. 242.102  [Amended]

    79. Section 242.102 is amended in the introductory text of 
paragraph (b)(ii) by removing ``Area Operations (DCMAO)'' and inserting 
``Command (DCMC)'' in its place.
    80. Section 242.1404-2-70 is revised to read as follows:


Sec. 242.1404-2-70  Additional clause.

    Use the clause at 252.242-7003, Application for U.S. Government 
Shipping Documentation/Instructions, when using the clause at FAR 
52.242-10, F.o.b. Origin--Government Bills of Lading or Prepaid 
Postage, or FAR 52.242-11, F.o.b. Origin--Government Bills of Lading or 
Indicia Mail.

Subpart 242.70--[Removed and reserved]

    81. Subpart 242.70 is removed and reserved.

PART 245--GOVERNMENT PROPERTY

    82. Section 245.302-1 is amended by revising paragraph 
(a)(4)(A)(2), the introductory text of paragraph (a)(4)(C), and 
paragraph (b)(1) to read as follows:


Sec. 245.302-1  Policy.

    (a)(4)(A) * * *
    (2) To the Office of the Deputy Under Secretary of Defense 
(Industrial Affairs and Installations) for projects exceeding the 
limitations in paragraph (a)(4)(A)(1) of this subsection.
* * * * *
    (C) Departments and agencies must submit reports of facilities 
projects to the House and Senate Armed Services Committees--
* * * * *
    (b)(1)(A) Industrial plant equipment. Before acquiring industrial 
plant equipment--
    (1) Submit a DD Form 1419, DoD Industrial Plant Equipment 
Requisition, to the Defense Supply Center Richmond (DSCR), Attn: JH, 
8000 Jefferson Davis Highway, Richmond, Va 23297-5100, in accordance 
with AR 700-43/NAVSUP PUB 5009/AFM 78-9/DLAM 4215.1, Management of 
Defense-Owned Industrial Plant Equipment, to determine whether 
existing, reallocable Government-owned facilities can be used.
    (2) Do not acquire any item listed on the DD Form 1419 until a 
certificate of nonavailability is received from DSCR.
    (B) Automatic data processing equipment. The administrative 
contracting officer submits contractor requests to acquire automatic 
data processing equipment to the Defense Information Systems Agency, 
Chief Information Officer, Defense Automation Resources Management 
Program Division, Attn: D03D, 701 South Courthouse Road, Arlington, VA 
22204-2199, in accordance with the Defense Automation Resources 
Management Manual.


Sec. 245.407   [Amended]

    83. Section 245.407 is amended in paragraph (a)(ii) by removing the 
abbreviation ``OASD(P&L)(PR)'' and inserting in its place the phrase 
``the Office of the Deputy Under Secretary of Defense (Industrial 
Affairs and Installations)''.


Sec. 245.505-6   [Amended]

    84. Section 245.505-6 is amended in paragraph (2) by removing the

[[Page 34128]]

abbreviation ``DIPEC'' and inserting in its place the phrase ``Defense 
Supply Center Richmond (DSCR)''.
    85. Section 245.608-5 is amended by revising paragraphs (a)(2)(B) 
(2) and (4) and by removing paragraph (d). The revised text reads as 
follows:


Sec. 245.608-5   Special items screening.

    (a) * * *
    (2) * * *
    (B) * * *
    (2) Defense Supply Center Richmond--IPE components;
* * * * *
    (4) Defense Information Systems Agency, Chief Information Officer, 
Defense Automation Resources Management Program Division--ADPE 
components.
    86. Section 245.608-71 is amended by revising paragraph (a); and in 
the introductory text of paragraph (b)(1) and paragraphs (b)(2)(i), 
(b)(2)(ii)(C), (b)(3)(iii), (c), and (d) by removing the abbreviation 
``DIPEC'' and inserting the abbreviation ``DSCR'' in its place. The 
revised text reads as follows:


Sec. 245.608-71   Screening industrial plant equipment.

    (a) Reporting. Within 15 days of receipt, the plant clearance 
officer will forward two copies of the DD Form 1342, DoD Property 
Record, to the Defense Supply Center Richmond (DSCR), ATTN: JH, 8000 
Jefferson Davis Highway, Richmond, VA 23297-5100, for all IPE not 
condition coded ``X'' or ``S.'' Process IPE condition coded ``X'' or 
``S'' in accordance with department or agency procedures.
* * * * *
    87. Section 245.608-72 is added to read as follows:


Sec. 245.608-72   Screening excess automatic data processing equipment 
(ADPE).

    Report ADPE that is Government-owned or leased by the contractor 
(with Government purchase option or other interests, including use 
rights) to the Defense Information Systems Agency, Defense Automation 
Resources Management Program Division (DARMP). DARMP does all required 
screening, including General Services Administration screening, for 
ADPE. (See the Defense Automation Resources Management Manual.)


Sec. 245.7206   [Amended]

    88. Section 245.7206 is amended in the introductory text and in 
paragraph (j)(2) by removing the abbreviation ``DIPEC'' and inserting 
the abbreviation ``DSCR'' in its place.

PART 246--QUALITY ASSURANCE

    89. Section 246.710 is amended by adding paragraph (4) to read as 
follows:


Sec. 246.710   Contract clauses.

* * * * *
    (4) Use the clause at 252.246-7002, Warranty of Construction 
(Germany), in solicitations and contracts for construction when a 
fixed-price contact will be awarded and contract performance will be in 
Germany.

PART 249--TERMINATION OF CONTRACTS


Sec. 249.110   [Amended]

    90. Section 249.110 is amended in Table 49-1, Part III--Discussion 
of Settlement, by revising the statement in paragraph 1.b. to read ``In 
the case of a lump sum settlement, comment on the general basis for and 
major factors concerning each element of cost and profit included.''; 
and by revising in paragraph 4. the word ``terminations'' to read 
``termination''.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


Sec. 252.203-7001   [Amended]

    91. Section 252.203-7001 is amended by revising the clause date to 
read ``(JUN 1997)'', by revising in paragraph (g) the reference ``part 
13'' to read ``part 2''; and by revising in paragraph (h) the phone 
number ``(202) 307-1065'' to read ``(202) 616-3507''.


Secs. 252.209-7003 and 252.209-7004  [Removed and reserved]

    92. Sections 252.209-7003 and 252.209-7004 are removed and 
reserved.


Sec. 252.216-7002   [Removed and reserved]

    93. Section 252.216-7002 is removed and reserved.
    94. Section 252.216-7003 is added to read as follows:


Sec. 252.216-7003  Economic price adjustment--wage rates or material 
prices controlled by a foreign government.

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

ECONOMIC PRICE ADJUSTMENT--WAGE RATES OR MATERIAL PRICES CONTROLLED BY 
A FOREIGN GOVERNMENT (JUNE 1997)

    (a) The Contractor represents that the prices set forth in this 
contract--
    (1) Are based on the wage rate(s) or material price(s) 
established and controlled by the Government of________(Offeror 
insert name of host country); and
    (2) Do not include contingency allowances to pay for possible 
increases in wage rates or material prices.
    (b) If wage rates or material prices are revised by the 
government named in paragraph (a) of this clause, the Contracting 
Officer shall make an equitable adjustment in the contract price and 
shall modify the contract to the extent that the Contractor's actual 
costs of performing this contract are increased or decreased, as a 
direct result of the revision, subject to the following:
    (1) For increases in established wage rates or material prices, 
the increase in contract unit price(s) shall be effective on the 
same date that the government named in paragraph (a) of this clause 
increased the applicable wage rate(s) or material price(s), but only 
if the Contracting Officer receives the Contractor's written request 
for contract adjustment within 10 days of the change. If the 
Contractor's request is received later, the effective date shall be 
the date that the Contracting Officer received the Contractor's 
request.
    (2) For decreases in established wage rates or material prices, 
the decrease in contract unit price(s) shall be effective on the 
same date that the government named in paragraph (a) of this clause 
decreased the applicable wage rate(s) or material price(s). The 
decrease in contract unit price(s) shall apply to all items 
delivered on and after the effective date of the government's rate 
or price decrease.
    (c) No modification changing the contract unit price(s) shall be 
executed until the Contracting Officer has verified the applicable 
change in the rates or prices set by the government named in 
paragraph (a) of this clause. The Contractor shall make available 
its books and records that support a requested change in contract 
price.
    (d) Failure to agree to any adjustment shall be a dispute under 
the Disputes clause of this contract.

(End of clause)

    95. Section 252.219-7000 is amended by revising the clause date to 
read ``(June 1997)'' and in paragraph (b) by revising the introductory 
text and the first two entries to read as follows:


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

* * * * *
    (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, the Maldives 
Islands, 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, the 
Federated States of Micronesia,

[[Page 34129]]

Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru)
* * * * *
    96. Section 252.219-7004 is amended by revising the clause date to 
read ``(June 1997)'' and by revising paragraph (c) to read as follows:


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

* * * * *
    (c) The Contractor shall submit Standard Form (SF) 295, Summary 
Subcontract Report, in accordance with the instructions on the form, 
except--
    (1) One copy of the SF 295 and attachments shall be submitted to 
Director, Small and Disadvantaged Business Utilization, Office of the 
Deputy Under Secretary of Defense (International and Commercial 
Programs), 3061 Defense Pentagon, Room 2A338, Washington, DC 20301-
3061; and
    (2) Item 14, Remarks, shall be completed to include semi-annual 
cumulative--
    (i) Small business, small disadvantaged business, and women-owned 
small business goals; and
    (ii) Small business and small disadvantaged business goals, actual 
accomplishments, and percentages for each of the two designated 
industry categories.
* * * * *
    97. Section 252.219-7006 is amended by revising the clause date to 
read ``(June 1997)''; and by revising paragraphs (d)(1)(ii) and (d)(2) 
and Alternate I to read as follows:


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

* * * * *
    (d) * * *
    (1) * * *
    (ii) Supplies (other than procurement from a regular dealer in 
such supplies), at least 50 percent of the cost of manufacturing, 
excluding the cost of materials, will be performed by 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 in the United States by 
small disadvantaged business concerns, historically black colleges 
or universities, or minority institutions.
* * * * *

ALTERNATE I (JUNE 1997)

    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 in the United 
States by small business concerns, historically black colleges or 
universities, or minority institutions.


Sec. 252.219-7007  [Removed and reserved]

    98. Section 252.219-7007 is removed and reserved.
    99. Sections 252.222-7002, 252.222-7003, and 252.222-7004 are added 
to read as follows:


Sec. 252.222-7002  Compliance with local labor laws (overseas).

    As prescribed in 222.7201(a), use the following clause:

COMPLIANCE WITH LOCAL LABOR LAWS (OVERSEAS) (JUNE 1997)

    (a) The Contractor shall comply with all--
    (1) Local laws, regulations, and labor union agreements 
governing work hours; and
    (2) Labor regulations including collective bargaining 
agreements, workers' compensation, working conditions, fringe 
benefits, and labor standards or labor contract matters.
    (b) The Contractor indemnifies and holds harmless the United 
States Government from all claims arising out of the requirements of 
this clause. This indemnity includes the Contractor's obligation to 
handle and settle, without cost to the United States Government, any 
claims or litigation concerning allegations that the Contractor or 
the United States Government, or both, have not fully complied with 
local labor laws or regulations relating to the performance of work 
required by this contract.
    (c) Notwithstanding paragraph (b) of this clause, consistent 
with paragraphs 31.205-15(a) and 31.205-47(d) of the Federal 
Acquisition Regulation, the Contractor will be reimbursed for the 
costs of all fines, penalties, and reasonable litigation expenses 
incurred as a result of compliance with specific contract terms and 
conditions or written instructions from the Contracting officer.

(End of clause)


Sec. 252.222-7003  Permit from Italian Inspectorate of Labor.

    As prescribed in 222.7201(b), use the following clause:

PERMIT FROM ITALIAN INSPECTORATE OF LABOR (JUNE 1997)

    Prior to the date set for commencement of work and services 
under this contract, the Contractor shall obtain the prescribed 
permit from the Inspectorate of Labor having jurisdiction over the 
work site, in accordance with Article 5g of Italian Law Number 1369, 
dated October 23, 1960. The Contractor shall ensure that a copy of 
the permit is available at all reasonable times for inspection by 
the Contracting Officer or an authorized representative. Failure to 
obtain such permit may result in termination of the contract for the 
convenience of the United States Government, at no cost to the 
United States Government.

(End of clause)


Sec. 252.222-7004  Compliance with Spanish social security laws and 
regulations.

    As prescribed in 222.7201(c), use the following clause:

COMPLIANCE WITH SPANISH SOCIAL SECURITY LAWS AND REGULATIONS (JUNE 
1997)

    (a) The Contractor shall comply with all Spanish Government 
social security laws and regulations. Within 30 calendar days after 
the start of contract performance, the Contractor shall ensure that 
copies of the documents identified in paragraph (a)(1) through 
(a)(5) of this clause are available at all reasonable times for 
inspection by the Contracting Officer or an authorized 
representative. The Contractor shall retain the records in 
accordance with the Audit and Records clause of this contract.
    (1) TC1--Certificate of Social Security Payments;
    (2) TC2--List of Employees;
    (3) TC2/1--Certificate of Social Security Payments for Trainees;
    (4) Nominal (pay statements) signed by both the employee and the 
Contractor; and
    (5) Informa de Situacion de Empressa (Report of the Condition of 
the Enterprise) from the Ministerio de Trabajo y S.S., Tesoreria 
General de la Seguridad Social (annotated with the pertinent 
contract number(s) next to the employee's name).
    (b) All TC1's, TC2's, and TC2/1's shall contain a representation 
that they have been paid by either the Social Security 
Administration office or the Contractor's bank or savings 
institution. Failure by the Contractor to comply with the 
requirements of this clause may result in termination of the 
contract under the clause of the contract entitled ``Default.''

(End of clause)


Sec. 252.225-7004  [Removed and reserved]

    100. Section 252.225-7004 is removed and reserved.
    101. Sections 252.225-7006 and 252.225-7007 are revised to read as 
follows:


Sec. 252.225-7006  Buy American Act--trade agreements--Balance of 
Payments Program certificate.

    As prescribed in 225.408(a)(1), use the following provision:

BUY AMERICAN ACT--TRADE AGREEMENTS--BALANCE OF PAYMENTS PROGRAM 
CERTIFICATE (JUNE 1997)

    (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 and the 
Buy American Act and Balance of Payments Program clauses of this 
solicitation.
    (b) Evaluation. Offers will be evaluated in accordance with the 
policies and procedures

[[Page 34130]]

of Part 225 of the Defense Federal Acquisition Regulation 
Supplement. Offers of foreign end products that are not U.S. made, 
qualifying country, designated country, Caribbean Basin country, or 
NAFTA country end products will not be considered for award, unless 
the Contracting Officer determines that there are no offers of such 
end products; or the offers of such end products are insufficient to 
fulfill the requirements; or a national interest exception to the 
Trade Agreements Act is granted.
    (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)


Sec. 252.225-7007  Trade agreements.

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

TRADE AGREEMENTS (JUNE 1997)

    (a) Definitions. As used in this clause--
    (1) ``Caribbean Basin country'' means--

Antigua and Barbuda
Aruba
Bahamas
Barbados
Belize
British Virgin Islands
Costa Rica
Dominica
Dominican Republic
El Salvador
Grenada
Guatemala
Guyana
Haiti
Honduras
Jamaica
Montserrat
Netherlands Antilles
Nicaragua
Panama
St. Kitts-Nevis
St. Lucia
St. Vincent and the Grenadines
Trinadad and Tobago

    (2) ``Caribbean Basin country end product''--
    (i) Means an article that--
    (A) Is wholly the growth, product, or manufacture of a Caribbean 
Basin country; or
    (B) In the case of an article that consists in whole or in part 
of materials from another country or instrumentality, has been 
substantially transformed in a Caribbean Basin 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 refers to a product offered for purchase under 
a supply contract, but for purposes of calculating the value of the 
end product 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.
    (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 that is the product of any country to which 
Harmonized Tariff Schedule column 2 rates of duty apply.
    (3) ``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.
    (4) ``Designated country'' means--

Aruba
Austria
Bangladesh
Belgium
Benin
Bhutan
Botswana
Burkina Faso
Burundi
Canada
Cape Verde
Central African Republic
Chad
Comoros
Denmark
Djibouti
Equatorial Guinea
Finland
France
Gambia
Germany
Greece
Guinea
Guinea-Bissau
Haiti
Ireland
Israel
Italy
Japan
Kiribati
Lesotho
Liechtenstein
Luxembourg
Malawi
Maldives
Mali
Mozambique
Nepal
Netherlands
Niger
Norway
Portugal
Republic of Korea
Rwanda
Sao Tome and Principe
Sierra Leone
Singapore
Somalia
Spain
Sweden
Switzerland
Tanzania U.R.
Togo
Tuvalu
Uganda
United Kingdom
Vanuatu
Western Samoa
Yemen

    (5) ``Designated country end product'' means an article that--
    (i) Is wholly the growth, product, or manufacture of the 
designated country; or
    (ii) In the case of an article that consists in whole or in part 
of materials from another country or instrumentality, has been 
substantially transformed in a designated 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

[[Page 34131]]

refers to a product offered for purchase under a supply contract, 
but for purposes of calculating the value of the end product 
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.
    (6) ``NAFTA country end product'' means an article that--
    (i) Is wholly the growth, product, or manufacture of the NAFTA 
country; or
    (ii) In the case of an article that consists in whole or in part 
of materials from another country or instrumentality, has 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 refers to a product offered for purchase under 
a supply contract, but for purposes of calculating the value of the 
end product 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.
    (7) ``Nondesignated country end product'' means any end product 
that is not a U.S. made end product or a designated country end 
product.
    (8) ``North American Free Trade Agreement (NAFTA) country'' 
means Canada or Mexico.
    (9) ``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.
    (10) ``U.S. made end product'' means an article that--
    (i) Is wholly the growth, product, or manufacture of the United 
States; or
    (ii) In the case of an article that 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 
different article of commerce with a name, character, or use 
distinct from that of the article or articles from which it was so 
transformed.
    (b) Unless otherwise specified, the Trade Agreements Act of 1979 
(19 U.S.C. 2501 et seq.), the North American Free Trade Agreement 
Implementation Act of 1993 (19 U.S.C. 3301 note), and the Caribbean 
Basin Initiative apply to all items in the Schedule.
    (c)(1) The Contractor agrees to deliver under this contract only 
domestic end products unless, in its offer, it specified delivery of 
U.S. made, qualifying country, designated country, Caribbean Basin 
country, NAFTA country, or other nondesignated country end products 
in the Buy American Act--Trade Agreements--Balance of Payments 
Program Certificate provision of the solicitation.
    (2) The Contractor 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)).
    (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 (June. 1997). As prescribed in 225.408(a)(2), delete 
Singapore from the list of designated countries in paragraph (a)(4) 
of the basic clause.

    102. Section 252.225-7016 is amended by revising the clause date to 
read ``(JUN 1997)''; and by revising paragraphs (b) and (c) to read as 
follows:


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

* * * * *
    (b) The Contractor agrees that, except as provided in paragraph 
(c) of this clause, 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 
Stats or Canada. Unless otherwise specified, raw materials, such as 
performed bar, tube, or rod stock and lubricants, need not be mined 
or produced in the United States or Canada.
    (c)(1) The restriction in paragraph (b) of this clause does not 
apply to the extent that--
    (i) The end items or components containing ball or roller 
bearings are commercial items; or
    (ii) The ball or roller bearings are commercial items 
manufactured in a qualifying country listed in subsection 225.872-1 
of the Defense Federal Acquisition Regulation Supplement.
    (2) The commercial item exception in paragraph (c)(1) of this 
clause does not include items designed or developed under a 
Government contract or contracts where the end item is bearings and 
bearing components.
* * * * *
    103. Section 252.225-7022 is revised to read as follows:


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

    As prescribed in 225.7103-3, use the following clause:

RESTRICTION ON ACQUISITION OF POLYACRYLONITRILE (PAN) CARBON FIBER 
(JUNE 1997)

    (a) This clause applies only if the end product furnished under 
this contract contains polyacrylonitrile carbon fibers 
(alternatively referred to as PAN-based carbon 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) of this clause 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)

    104. Section 252.225-7025 is revised to read as follows:


Sec. 252.225-7025  Restriction on acquisition of forgings.

    As prescribed in 225.7102-4, use the following clause:

RESTRICTION ON ACQUISITION OF FORGINGS (JUNE 1997)

    (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 Production 
Planning Program, 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 
subsection 225.7102-3 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)

    105. Section 252.225-7029 is revised to read as follows:


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

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

[[Page 34132]]

PREFERENCE FOR UNITED STATES OR CANADIAN AIR CIRCUIT BREAKERS (JUNE 
1997)

    (a) Unless otherwise specified in this offer, the Contractor 
agrees that air circuit breakers for naval vessels provided under 
this contract shall be manufactured in the United States or a 
qualifying country listed in subsection 225.872-1 of the Defense 
Federal Acquisition Regulation Supplement (DFARS).
    (b) Unless an exception applies or a waiver is granted under 
225.7005(b)(1) of the DFARS, preference will be given to air circuit 
breakers manufactured in the United States or Canada by adding 50 
percent for evaluation purposes to the offered price of all other 
air circuit breakers, except air circuit breakers manufactured in a 
qualifying country.

(End of clause)


Sec. 252.225-7034  [Removed and reserved]

    106. Section 252.225-7034 is removed and reserved.


Sec. 252.225-7040  [Added and reserved]

    107. Section 252.225-7040 is add and reserved.
    108. Sections 252.225-7041 and 252-225-7042 are added to read as 
follows:


Sec. 252.225-7041  Correspondence in English.

    As prescribed in 225.971, use the following clause:

CORRESPONDENCE IN ENGLISH (JUNE 1997)

    The Contractor shall ensure that all contract correspondence 
that is addressed to the United States Government is submitted in 
English or with an English translation.

(End of clause)


Sec. 252.225-7042  Authorization to perform.

    As prescribed in 225.97, use the following clause:

AUTHORIZATION TO PERFORM (JUNE 1997)

    The Contractor represents that it has been duly authorized to 
operate and to do business in the country or countries in which this 
contract is to be performed. The Contractor also represents that it 
will fully comply with all laws, decrees, labor standards, and 
regulations of such country or countries, during the performance of 
this contract.

(End of clause)


Sec. 252.227-7030  [Amended]

    109. Section 252.227-7030 is amended in the introductory text by 
removing the reference ``227.7103-6(f)(2)'' and inserting in its place 
the reference ``227.7103-6(e)(2)''.
    110. Section 252.228-7006 is added to read as follows:


Sec. 252.8-7006  Compliance with Spanish laws and insurance.

    As prescribed at 228.370(f), use the following clause:

COMPLIANCE WITH SPANISH LAWS AND INSURANCE (JUNE 1997)

    (a) The Contractor shall, without additional expense to the 
United States Government, comply with all applicable Spanish 
Government laws pertaining to sanitation, traffic, security, 
employment of labor, and all other laws relevant to the performance 
of this contract. The Contractor shall hold the United States 
Government harmless and free from any liability resulting from the 
Contractor's failure to comply with such laws.
    (b) The contractor shall, at its own expense, provide and 
maintain during the entire performance of this contract, all 
workmen's compensation, employees' liability, bodily injury 
insurance, and other required insurance adequate to cover the risk 
assumed by the Contractor. The Contractor shall indemnify and hold 
harmless the United States Government from liability resulting from 
all claims for damages as a result of death or injury to personnel 
or damage to real or personal property related to the performance of 
this contract.
    (c) The Contractor agrees to represent in writing to the 
Contracting Officer, prior to commencement of work and not later 
than 15 days after the date of the Notice to Proceed, that the 
Contractor has obtained the required types of insurance in the 
following minimum amounts. The representation also shall state that 
the Contractor will promptly notify the Contracting Officer of any 
notice of cancellation of insurance or material change in insurance 
coverage that could affect the United States Government's interests.

------------------------------------------------------------------------
                                                  Coverage              
        Type of insurance            Coverage       per        Property 
                                    per person    accident      damage  
------------------------------------------------------------------------
Comprehensive General Liability..     $300,000   $1,000,000     $100,000
------------------------------------------------------------------------

    (d) The Contractor shall provide the Contracting Officer with a 
similar representation for all subcontractors that will perform work 
under this contract.
    (e) Insurance policies required herein shall be purchased from 
Spanish insurance companies or other insurance companies legally 
authorized to conduct business in Spain. Such policies shall conform 
to Spanish laws and regulations and shall--
    (1) Contain provisions requiring submission to Spanish law and 
jurisdiction of any problem that may arise with regard to the 
interpretation or application of the clauses and conditions of the 
insurance policy;
    (2) Contain a provision authorizing the insurance company, as 
subrogee of the insured entity, to assume and attend to directly, 
with respect to any person damaged, the legal consequences arising 
from the occurrence of such damages;
    (3) Contain a provision worded as follows: ``The insurance 
company waives any right of subrogation against the United States of 
America that may arise by reason of any payment under this 
policy.'';
    (4) Not contain any deductible amount or similar limitation; and
    (5) Not contain any provisions requiring submission to any type 
of arbitration.

(End of clause)

    111. Sections 252.229-7000 through 252.229-7010 are added to read 
as follows:


Sec. 252.229-7000  Invoices exclusive of taxes or duties.

    As prescribed in 229.402-1, use the following clause:

INVOICES EXCLUSIVE OF TAXES OR DUTIES (JUNE 1997)

    Invoices submitted in accordance with the terms and conditions 
of this contract shall be exclusive of all taxes or duties for which 
relief is available.

(End of clause)


Sec. 252.229-7001  Tax relief.

    As prescribed in 229.402-70(a), use the following clause:

TAX RELIEF (JUNE 1997)

    (a) Prices set forth in this contract are exclusive of all taxes 
and duties from which the United States Government is exempt by 
virtue of tax agreements between the United States Government and 
the Contractor's government. The following taxes or duties have been 
excluded from the contract price:

NAME OF TAX: (Offeror Insert) RATE (PERCENTAGE): (Offeror Insert)

    (b) The Contractor's invoice shall list separately the gross 
price, amount of tax deducted, and net price charged.
    (c) When items manufactured to United States Government 
specifications are being acquired, the Contractor shall identify the 
materials or components intended to be imported in order to ensure 
that relief from import duties is obtained. If the Contractor 
intends to use imported products from inventories on hand, the price 
of which includes a factor for import duties, the Contractor shall 
ensure the United States Government's exemption from these taxes. 
The Contractor may obtain a refund of the import duties from its 
government or request the duty-free import of an amount of supplies 
or components corresponding to that used from inventory for this 
contract.

(End of clause)

ALTERNATE I (JUNE 1997)

    As prescribed in 229.402-70(a), add the following paragraph (d) 
to the basic clause:

[[Page 34133]]

    (d) Tax relief will be claimed in Germany pursuant to the 
provisions of the Agreement Between the United States of America and 
Germany Concerning Tax Relief to be Accorded by Germany to United 
States Expenditures in the Interest of Common Defense. The 
Contractor shall use Abwicklungsschein fuer abgabenbeguenstigte 
Lieferungen/Leistungen nach dem Offshore Steuerabkommen (Performance 
Certificate for Tax-Free Deliveries/Performance according to the 
Offshore Tax Relief Agreement) or other documentary evidence 
acceptable to the German tax authorities. All purchases made and 
paid for on a tax-free basis during a 30-day period may be 
accumulated, totaled, and reported as tax-free.


Sec. 252.229-7002  Customs exemptions (Germany).

    As prescribed in 229.402-70(b), use the following clause:

CUSTOMS EXEMPTIONS (GERMANY) (JUNE 1997)

    Imported products required for the direct benefit of the United 
States Forces are authorized to be acquired duty-free by the 
Contractor in accordance with the provisions of the Agreement 
Between the United States of America and Germany Concerning Tax 
Relief to be Accorded by Germany to United States Expenditures in 
the Interest of Common Defense.

(End of clause)


Sec. 252.229-7003  Tax exemptions (Italy).

    As prescribed in 229.402-70(c), use the following clause:

TAX EXEMPTIONS (ITALY) (JUNE 1997)

    (a) The Contractor represents that the contract prices, 
including the prices in subcontracts awarded hereunder, do not 
include taxes from which the United States Government is exempt.
    (b) The United States Government is exempt from payment of 
Imposta Valore Aggiunto (IVA) tax in accordance with Article 72 of 
the IVA implementing decree on all supplies and services sold to 
United States Military Commands in Italy.
    (1) Upon receipt of the invoice, the paying office will stamp 
the following statement on one copy of the invoice:
    ``I certify that this invoice is true and correct and reflects 
expenditures made in Italy for the Common Defense by the United 
States Government pursuant to international agreements. The amount 
to be paid does not include the IVA tax, because this transaction is 
not subject to the tax in accordance with Article 72 of Decree Law 
633, dated October 26, 1972.''
    (2) This certified copy, signed by an authorized Government 
official, will be returned together with payment to the Contractor. 
The payment will not include the amount of IVA tax.
    (3) The Contractor must retain this copy of the invoice with the 
representation to substantiate non-payment of the IVA tax.
    (c) In addition to the IVA tax, purchases by the United States 
Forces in Italy are exempt from the following taxes:
    (1) Imposta di Fabbricazione (Production Tax for Petroleum 
Products).
    (2) Imposta di Consumo (Consumption Tax for Electrical Power).
    (3) Dazi Doganali (Customs Duties).
    (4) Tassa di Sbarco e d'Imbarco sulle Merci Transportate per Via 
Aerea e per Via Maritima (Port Fees).
    (5) Tassa de Circolazione sui Veicoli (Vehicle Circulation Tax).
    (6) Imposta di Registro (Registration Tax).
    (7) Imposta di Bollo (Stamp Tax).
    (d) The Contractor's administrative procedures for claiming and 
validating the exemptions are as follows:
    (1) Contract offer price shall reflect IVA or any other tax or 
duty.
    (2) Contract number must be set forth on Contractor invoices, 
which should state the exemptions claimed pursuant to Article 72 of 
Decree Law 633, dated October 26, 1972, for IVA exemption.
    (3) Fiscal code for appropriated funds payments by Aviano Air 
Base is: 91000190933.
    (4) Questions may be addressed to the Ministry of Finance, 11th 
District, Rome (06) 5910982.

(End of clause)


Sec. 252.229-7004  Status of contractors as a direct contractor 
(Spain).

    As prescribed in 229.402-70(d), use the following clause:

Status of Contractor as a Director Contract (Spain) (June 1997)

    (a) ``Direct Contractor,'' as used in this clause, means an 
individual, company, or entity with whom an agency of the United 
States Department of Defense has executed a written agreement that 
allows duty-free import of equipment, materials, and supplies into 
Spain for the construction, development, maintenance, and operation 
of Spanish-American installations and facilities.
    (b) The Contractor is hereby designated as a Direct Contractor 
under the provisions of Complementary Agreement 5, articles 11, 14, 
15, 17, and 18 of the Agreement on Friendship, Defense and 
Cooperation between the United States Government and the Kingdom of 
Spain, dated July 2, 1982. The Agreement relates to contacts to be 
performed in whole or part in Spain, the provisions of which are 
hereby incorporated into and made a part of this contract by 
reference.
    (c) The Contractor shall apply to the appropriate Spanish 
authorities for approval of status as a Direct Contractor in order 
to complete duty-free import of non-Spanish equipment, materials, 
and supplies represented as necessary for contract performance by 
the Contracting Officer. Orders for equipment, materials, and 
supplies placed prior to official notification of such approval 
shall be at the Contractor's own risk. The Contractor must submit 
its documentation in sufficient time to permit processing by the 
appropriate United States and Spanish Government agencies prior to 
the arrival of the equipment, material, or supplies in Spain. 
Seasonal variations in processing times are common, and the 
Contractor should program its projects accordingly. Any delay or 
expense arising directly or indirectly from this process shall not 
excuse untimely performance (except as expressly allowed in other 
provisions of this contract), constitute a direct or constructive 
change, or otherwise provide a basis for additional compensation or 
adjustment of any kind.
    (d) To ensure that all duty-free imports are properly accounted 
for, exported, or disposed of, in accordance with Spanish law, the 
Contractor shall obtain a written bank letter of guaranty payable to 
the Treasurer of the United States, or such other authority as may 
be designated by the Contracting Officer, in the amount set forth in 
paragraph (g) of this clause, prior to effecting any duty-free 
imports for the performance of this contract.
    (e) If the Contractor fails to obtain the required guaranty, the 
Contractor agrees that the Contracting Officer may withhold a 
portion of the contract payments in order to establish a fund in the 
amount set forth in paragraph (g) of this clause. The fund shall be 
used for the payment of import taxes in the event that the 
Contractor fails to properly account for, export, or dispose of 
equipment, materials, or supplies imported on a duty-free basis.
    (f) The amount of the bank letter of guaranty or size of the 
fund required under paragraph (d) or (e) of this clause normally 
shall be 5 percent of the contract value. However, if the Contractor 
demonstrates to the Contracting Officer's satisfaction that the 
amount retained by the United States Government or guaranteed by the 
bank is excessive, the amount shall be reduced to an amount 
commensurate with contingent import tax and duty-free liability. 
This bank guaranty or fund shall not be released to the Contractor 
until the Spanish General Directorate of Customs verifies the 
accounting, export, or disposition of the equipment, material, or 
supplies imported on a duty-free basis.
    (g) The amount required under paragraph (d), (e), or (f) of this 
clause is (Contracting Officer insert amount at time of contract 
award).
    (h) The Contractor agrees to insert the provisions of this 
clause, including this paragraph (h), in all subcontracts.

(End of clause)


Sec. 252.229-7005  Tax exemptions (Spain).

    As prescribed in 229.402-70(e), use the following clause:

Tax Exemptions (Spain) (June 1997)

    (a) The Contractor represents that the contract prices, 
including subcontract prices, do not include the taxes identified 
herein, or any other taxes from which the United States Government 
is exempt.
    (b) In accordance with tax relief agreements between the United 
States Government and the Spanish Government, and because the 
incumbent contract arises from the activities of the United States 
Forces in Spain, the contract will be exempt from the following 
excise, luxury, and transaction taxes:
    (1) Derechos de Aduana (Customs Duties).
    (2) Impuesto de Compensacion a la Importacion (Compensation Tax 
on Imports).
    (3) Transmissiones Patrionomiales (Property Transfer Tax).

[[Page 34134]]

    (4) Impuesto Sobre el Lujo (Luxury Tax).
    (5) Actos Juridocos Documentados (Legal Official Transactions).
    (6) Impuesto Sobre el Trafico de Empresas (Business Trade Tax).
    (7) Impuestos Especiales de Fabricacion (Special Products Tax).
    (8) Impuesto Sobre el Petroleo y Derivados (Tax on Petroleum and 
its By-Products).
    (9) Impuesto Sobre el Uso de Telefona (Telephone Tax).
    (10) Impuesto General Sobre la Renta de Sociedades y demas 
Entidades Juridicas (General Corporation Income Tax).
    (11) Impuesto Industrial (Industrial Tax).
    (12) Impuesto de Rentas Sobre el Capital (Capital Gains Tax).
    (13) Plus Vailia (Increase on Real Property).
    (14) Contribucion Territorial Urbana (Metropolitan Real Estate 
Tax).
    (15) Contribucion Territorial Rustica y Pecuaria (Farmland Real 
Estate Tax).
    (16) Impuestos de la Diputacion (County Service Charges).
    (17) Impuestos Municipal y Tasas Parafiscales (Municipal Tax and 
Charges).

(End of clause)


Sec. 252.229-7006  Value added tax exclusion (United Kingdom).

    As prescribed in 229.402-70(f), use the following clause:

VALUE ADDED TAX EXCLUSION (UNITED KINGDOM) (JUNE 1997)

    The supplies or services identified in this contract are to be 
delivered at a price exclusive of value added tax under arrangements 
between the appropriate United States authorities and Her Majesty's 
Customs and Excise (Reference Priv 46/7). By executing this 
contract, the Contracting Officer certifies that these supplies or 
services are being purchased for United States Government official 
purposes only.

(End of clause)


Sec. 252.229-7007  Verification of United States receipt of goods.

    As prescribed in 229.402-70(g), use the following clause:

VERIFICATION OF UNITED STATES RECEIPT OF GOODS (JUNE 1997)

    The Contractor shall insert the following statement on all 
Material Inspection and Receiving Reports (DD Form 250 series) for 
Contracting Officer approval: ``I certify that the items listed on 
this invoice have been received by the United States.''

(End of clause)


Sec. 252.229-7008  Relief from import duty (United Kingdom).

    As prescribed in 229.402-70(h), use the following clause:

RELIEF FROM IMPORT DUTY (UNITED KINGDOM) (JUNE 1997)

    Any import dutiable articles, components, or raw materials 
supplied to the United States Government under this contract shall 
be exclusive of any United Kingdom import duties. Any imported items 
supplied for which import duty already has been paid will be 
supplied at a price exclusive of the amount of import duty paid. The 
Contractor is advised to contact Her Majesty's (HM) Customs and 
Excise to obtain a refund upon completion of the contract (Reference 
HM Customs and Excise Notice No. 431, February 1973, entitled 
``Relief from Customs Duty and/or Value Added Tax on United States 
Government Expenditures in the United Kingdom'').

(End of clause)


Sec. 252.229-7009  Relief from customs duty and value added tax on fuel 
(passenger vehicles) (United Kingdom).

    As prescribed in 229.402-70(i), use the following clause:

RELIEF FROM CUSTOMS DUTY AND VALUE ADDED TAX ON FUEL (PASSENGER 
VEHICLES) (UNITED KINGDOM) (JUNE 1997)

    (a) Pursuant to an agreement between the United States 
Government and Her Majesty's (HM) Customs and Excise, fuels and 
lubricants used by passenger vehicles (except taxis) in the 
performance of this contract will be exempt from customs duty and 
value added tax. Therefore, the procedures outlined in HM Customs 
and Excise Notice No. 431B, August 1982, and any amendment thereto, 
shall be used to obtain relief from both customs duty and value 
added tax for fuel used under the contract. These procedures shall 
apply to both loaded and unloaded miles. The unit prices shall be 
based on the recoupment by the Contractor of customs duty in 
accordance with the following allowances:
    (1) Vehicles (except taxis) with a seating capacity of less than 
29, one gallon for every 27 miles.
    (2) Vehicles with a seating capacity of 29-53, one gallon for 
every 13 miles.
    (3) Vehicles with a seating capacity of 54 or more, one gallon 
for every 10 miles.
    (b) In the event the mileage of any route is increased or 
decreased within 10 percent, resulting in no change in route price, 
the customs duty shall be reclaimed from HM Customs and Excise on 
actual mileage performed.

(End of clause)


Sec. 252.229-7010  Relief from customs duty on fuel (United Kingdom).

    As prescribed in 229.402-70(j), use the following clause:

RELIEF FROM CUSTOMS DUTY ON FUEL (UNITED KINGDOM) (JUNE 1997)

    (a) Pursuant to an agreement between the United States 
Government and Her Majesty's (HM) Customs and Excise, it is possible 
to obtain relief from customs duty on fuels and lubricants used in 
support of certain contracts. If vehicle fuels and lubricants are 
used in support of this contract, the Contractor shall seek relief 
from customs duty in accordance with HM Customs Notice No. 431, 
February 1973, entitled ``Relief from Customs Duty and/or Value 
Added Tax on United States Government Expenditures in the United 
Kingdom.'' Application should be sent to the Contractor's local 
Customs and Excise Office.
    (b) Specific information should be included in the request for 
tax relief, such as the number of vehicles involved, types of 
vehicles, rating of vehicles, fuel consumption, estimated mileage 
per contract period, and any other information that will assist HM 
Customs and Excise in determining the amount of relief to be 
granted.
    (c) Within 30 days after the award of this contract, the 
Contractor shall provide the Contracting Officer with evidence that 
an attempt to obtain such relief has been initiated. In the event 
the Contractor does not attempt to obtain relief within the time 
specified, the Contracting Officer may deduct from the contract 
price the amount of relief that would have been allowed if HM 
Customs and Excise had favorably considered the request for relief.
    (d) The amount of any rebate granted by HM Customs and Excise 
shall be paid in full to the United States Government. Checks shall 
be made payable to the Treasurer of the United States and forwarded 
to the Administrative Contracting Officer.

(End of clause)

    112. Section 252.232-7008 is added to read as follows:


Sec. 252.232-7008  Assignment of claims (overseas).

    As prescribed in 232.806(a)(1), use the following clause:

ASSIGNMENT OF CLAIMS (OVERSEAS) (JUNE 1997)

    (a) No claims for monies due, or to become due, shall be 
assigned by the Contractor unless--
    (1) Approved in writing by the Contracting Officer;
    (2) Made in accordance with the laws and regulations of the 
United States of America; and
    (3) Permitted by the laws and regulations of the Contractor's 
country.
    (b) In no event shall copies of this contract of any plans, 
specifications, or other similar documents relating to work under 
this contract, if marked ``Top Secret,'' ``Secret,'' or 
``Confidential'' be furnished to any assignee of any claim arising 
under this contract or to any other person not entitled to receive 
such documents. However, a copy of any part or all of this contract 
so marked may be furnished, or any information contained herein may 
be disclosed, to such assignee upon the Contracting Officer's prior 
written authorization.
    (c) Any assignment under this contract shall cover all amounts 
payable under this contract and not already paid, and shall not be 
made to more than one party, except that any such assignment may be 
made to one party as agent or trustee for two or more parties 
participating in such financing. On each invoice or voucher 
submitted for payment under this contract to which any assignment 
applies, and for which direct payment thereof is to be made to an 
assignee, the Contractor shall--
    (1) Identify the assignee by name and complete address; and
    (2) Acknowledge the validity of the assignment and the right of 
the named

[[Page 34135]]

assignee to receive payment in the amount invoiced or vouchered.

(End of clause)


Sec. 252.233-7000  [Added and reserved]

    113. Section 252.233-7000 is added and reserved.
    114. Section 252.233-7001 is added to read as follows:


Sec. 252.233-7001  Choice of law (overseas).

    As prescribed in 233.215-70, use the following clause:

CHOICE OF LAW (OVERSEAS) (JUNE 1997)

    This contract shall be construed and interpreted in accordance 
with the substantive laws of the United States of America. By the 
execution of this contract, the Contractor expressly agrees to waive 
any rights to invoke the jurisdiction of local national courts where 
this contract is performed and agrees to accept the exclusive 
jurisdiction of the United States Armed Services Board of Contract 
Appeals and the United States Court of Federal Claims for hearing 
and determination of any and all disputes that may arise under the 
Disputes clause of this contract.

(End of clause)


Sec. 252.234-7000  [Amended]

    115. Section 252.234-7000 is amended in paragraph (a) by removing 
the phrase ``Mandatory Procedures for Major Defense Acquisition 
Programs and Major Automated Information Systems'' and inserting in its 
place the phrase ``Mandatory Procedures for Major Defense Acquisition 
Programs (MDAPs) and Major Automated Information System (MAIS) 
Acquisition Programs''.


Sec. 252.234-7001  [Amended]

    116. Section 252.234-7001 is amended in paragraph (a) by removing 
the phrase ``Mandatory Procedures for Major Defense Acquisition 
Programs and Major Automated Information Systems (MAIS) Acquisition 
Programs''.


Sec. 252.243-7002  [Removed and reserved]

    117. Section 252.242-7002 is removed and reserved.


Sec. 252.242-7003  [Amended]

    118. Section 252.242-7003 is amended in the introductory test by 
revising the reference ``252.1404-2-70(b)'' to read ``242.1404-2-70''.


Sec. 252.242-7005  [Amended]

    119. Section 252.242-7005 is amended in paragraph (c) by removing 
the phrase ``Mandatory Procedures for Major Defense Acquisition 
Programs and Major Automated Information Systems'' and inserting in its 
place the phrase ``Mandatory Procedures for Major Defense Acquisition 
Programs (MDAPs) and Major Automated Information System (MAIS) 
Acquisition Programs''.


Sec. 252.242-7006  [Amended]

    120. Section 252.242-7006 is amended in paragraph (b) by removing 
the phrase ``Mandatory Procedures for Major Defense Acquisition 
Programs and Major Automated Information Systems'' and inserting in its 
place the phrase ``Mandatory Procedures for Major Defense Acquisition 
Programs (MDAPs) and Major Automated Information System (MAIS) 
Acquisition Programs''.
    121. Section 252.246-7002 is added to read as follows:


Sec. 252.246-7002  Warranty of construction (Germany).

    As prescribed in 246.710(4), use the following clause:

WARRANTY OF CONSTRUCTION (GERMANY) (JUNE 1997)

    (a) In addition to any other representations in this contract, 
the Contractor warrants, except as provided in paragraph (j) of this 
clause, that the work performed under this contract conforms to the 
contract requirements and is free of any defect of equipment, 
material, or design furnished or workmanship performed by the 
Contractor or any subcontractor or supplier at any tier.
    (b) This warranty shall continue for the period(s) specified in 
Section 13, VOB, Part B, commencing from the date of final 
acceptance of the work under this contract. If the Government takes 
possession of any part of the work before final acceptance, this 
warranty shall continue for the period(s) specified in Section 13, 
VOB, Part B, from the date the Government takes possession.
    (c) The Contractor shall remedy, at the Contractor's expense, 
any failure to conform or any defect. In addition, the Contractor 
shall remedy, at the Contractor's expense, any damage to Government-
owned or -controlled read or personal property when that damage is 
the result of--
    (1) The Contractor's failure to conform to contract 
requirements; or
    (2) Any defect of equipment, material, or design furnished or 
workmanship performed.
    (d) The Contractor shall restore any work damaged in fulfilling 
the terms and conditions of this clause.
    (e) The Contracting Officer shall notify the Contractor, in 
writing, within a reasonable period of time after the discovery of 
any failure, defect, or damage.
    (f) If the Contractor fails to remedy any failure, defect, or 
damage within a reasonable period of time after receipt of notice, 
the Government shall have the right to replace, repair, or otherwise 
remedy the failure, defect, or damage at the Contractor's expense.
    (g) With respect to all warranties, express or implied, from 
subcontractors, manufacturers, or suppliers for work performed and 
materials furnished under this contract, the Contractor shall--
    (1) Obtain all warranties that would be given in normal 
commercial practice;
    (2) Require all warranties to be executed in writing, for the 
benefit of the Government, if directed by the Contracting Officer; 
and
    (3) Enforce all warranties for the benefit of the Government as 
directed by the Contracting Officer.
    (h) In the event the Contractor's warranty under paragraph (b) 
of this clause has expired, the Government may bring suit at its 
expense to enforce a subcontractor's, manufacturer's, or supplier's 
warranty.
    (i) Unless a defect is caused by the Contractor's negligence, or 
the negligence of a subcontractor or supplier at any tier, the 
Contractor shall not be liable for the repair of any defects of 
material or design furnished by the Government or for the repair of 
any damage resulting from any defeat in Government-furnished 
material or design.
    (j) This warranty shall not limit the Government's right under 
the Inspection clause of this contract, with respect to latent 
defects, gross mistakes, or fraud.

(End of clause)

PART 253--FORMS

    122. Section 253.204-70 is amended by revising the heading of 
paragraph (b)(2); the introductory text of paragraph (b)(13)(i)(E); 
paragraph (B)(13)(i)(F); paragraph (B)(13)(iv)(C); paragraph (c)(2); 
paragraph (c)(4)(iv)(A); paragraph (c)(4)(viii)(B)(8)(1); paragraph 
(d)(5)(i)(J); paragraph (d)(5)(ii)(B); paragraph (d)(5)(iv)(E)(l); and 
paragraph (d)(5)(x)(B)(14) to read as follows:


Sec. 253.204-70  DD Form 350, Individual Contracting Action Report.

* * * * *
    (b) * * *
    (2) Block B2, Modification, Order or Other ID Number.* * *
* * * * *
    (13) * * *
    (i) * * *
    (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 a--
* * * * *
    (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 subpart 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.
* * * * *
    (iv) * * *
    (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. This includes--

[[Page 34136]]

    (1) Incremental funding (other than incremental yearly buys under 
multiyear contracts, which are coded B);
    (2) Changes to the estimated cost on cost-reimbursement contracts;
    (3)  Repricing actions covering incentive price revisions;
    (4) Economic price adjustments; and
    (5) Initial citation and obligation of funds for a contract awarded 
in one fiscal year but not effective until a subsequent fiscal year.
* * * * *
    (c) * * 
    (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).
* * * * *
    (4) * * *
    (iv) * * *
    (A) Code Y--Yes--Positive Response to 252.247-7022 or 252.212-
7000(c)(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 that the contractor anticipates that some 
of the supplies being provided may be transported by sea.
* * * * *
    (viii) * * *
    (B) * * *
    (8) * * *
    (i) Set-aside for small business concerns (see 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 participating in a set-aside for small business 
concerns (see FAR 19.501(h)).
* * * * *
    (d) * * *
    (5) * * *
    (i) * * *
    (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 
within the United States and outlying areas.
* * * * *
    (ii) * * *
    (B) Code B--SDB Not Solicited. Enter code B when there was a known 
SDB source, but it was not solicited.
* * * * *
    (iv) * * *
    (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.
* * * * *
    (x) * * *
    (B) * * *
    (14) Code U--Over $17,000,000.
* * * * *
    123. Section 253.204-71 is amended by revising the last sentence of 
paragraph (c)(1) and paragraph (d)(6)(i)(B) to read as follows:


Sec. 253.204-71  DD Form 1057, monthly contracting summary of actions 
$25,000 or less.

* * * * *
    (c) * * *
    (1) * * * For example, enter January 31, 2003, as 20030131.
* * * * *
    (d) * * *
    (6) * * *
    (i) * * *
    (B) Not-for-profit and nonprofit institutions (defined in FAR 
31.701);
* * * * *
    124. The note at the end of Part 253 is amended to remove the entry 
``253.303-1851 Automation Equipment Requirement''.

Appendix G to Chapter 2--[Amended]

    125. Appendix G to Chapter 2 is amended in Part 1, Section G-101, 
by revising paragraph (c) to read as follows:

G-101 Assignment and Use of a Number

* * * * *
    (c) Activity address monitors are--

Army

Department of the Army, Attn: OSA(RDA)-PA, 5109 Leesburg Pike, Suite 
916, Falls Church, VA 22041-3201

Navy *

Navy Accounting and Finance Center (NAFC-5511), Washington, DC 
20376-5001

Marine Corps *

Headquarters, U.S. Marine Corps (Code LBP), Washington, DC 20380-
0001

Air Force

SAF/AQCO, 1060 Air Force Pentagon, Washington, DC 20330-1060

Defense Logistics Agency

Defense Logistics Agency, Acquisition Operations Team, 8725 John J. 
Kingman Road Suit 2533, Fort Belvoir, VA 22060-6221

Other Defense Agencies

    All other Defense agencies will forward requests for Appendix G 
maintenance to the Department of the Army, OSA(RDA)-PA.

    * The Navy and Marine Corps Activity Address Monitor for 
assignment of two-character call/order serial numbers is: Office of 
the Assistant Secretary of the Navy (RD&A), Room 536, Crystal Plaza 
5, Washington, DC 20350-1000.

    126. Appendix G to Chapter 2 is amended in Part 1, Section G-102, 
by revising paragraph (b)(2) to read as follows:

G-102 Activity Address Number Data Base Maintenance

* * * * *
     * * *
    (2) Notify the executive editor, Defense Acquisition Regulations 
System, OUSD(A&T)DP(DAR), 3062 Defense Pentagon, Washington, DC 
20301-3062; and
* * * * *
    127. Appendix G to Chapter 2 is amended by revising Parts 2, 7, 8, 
9, 10, 11, 12, 13, and 14 to read as follows:

PART 2--ARMY ACTIVITY ADDRESS NUMBERS

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: AMSIO-ACS, Rock Island, IL 61299-6000
DAAA22, BV  Watervliet Arsenal, Attn: SIOWV-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 C3I Acquisition Center, Attn: AMSEL-ACVF-A-AA 
(Stop 42), Building 160, Warrenton, VA 22186-5172
DAAB11, D0  USA CECOM C3I Acquisition Center, Attn: AMSEL-AC-VHA-HB 
Base OPS (Stop 42), Warrenton, VA 22186-5172
DAAB22, E7  Headquarters, 5th Signal Command, DCSLOG, Contract 
Management Division, Attn: ASQE-LG-C, CMR 421, APO AE 09056-3104
DAAB23, E8  1st Signal Brigade, Unit #15271, Attn: ASQK-L-CO, APO AP 
96205-0044
DAAB24, Joint Visual Information Activity, Attn: SAM-OPV-V, 601 
North Fairfax Street, Rm 334, Alexandria, VA 22314-2007
DAAC01, BH  Anniston Army Depot, Attn: SDSAN-DOC, Anniston, AL 
36201-5003
DAAC02, 9X  Lexington Blue Grass Army Depot, Procurement Office, 
Attn: SIO-BG-PO, 2091 Kingston Highway, Richmond, KY 40475-5115

[[Page 34137]]

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: SKSTO-K, Tobyhanna, PA 
18466-5100
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
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, DG  Armament and Chemical Acquisition and Logistics Activity 
(ACALA), Attn: Acquisition Center, Rock Island, IL 61299-6000
DAAE30, 2T  U.S. Army Armament RD&E Center (ARDEC), Attn: SMCAR-PCM-
O, Building 9, Picatinny Arsenal, NJ 07806-5000
DAAG55, YU  U.S. Army Research Office (ARO), Attn: AMXRO-PR, P.O. 
Box 12211, Research Triangle Park, NC 27709-2211
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
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: AMSRL-OP-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  Rocky Mountain Arsenal, Attn: AMXRM-PM, Building 111, 
Commerce City, CO 80022-1748
DABT01, F6  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, Meloy Hall, Room 207, Fort Benning, GA 31905-5000
DABT11, 2C  U.S. Army Signal Center and Fort Gordon, Attn: ATZH-CT, 
Building 2102, Fort Gordon, GA 30905-5110
DABT19, 2D  U.S. Army Combined Arms Center and Fort Leavenworth, 
Attn: ATZL-GCC, 600 Thomas Avenue, Fort Leavenworth, KS 66027-1389
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, Building 606, P.O. Box 140, Fort Leonard Wood, MO 65473-
0140
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  Carlisle Barracks, Attn: ATZE-DOC-C, 314 Lovell Avenue, 
Suite 1, Carlisle Barracks, PA 17013-5072
DABT47, 2K  U.S. Army Training Center and Fort Jackson, Attn: ATZK-
DOC, Building 4340, Magruder Street, Fort Jackson, SC 29207-5491
DABT51, 2L  U.S. Army Air Defense Artillery Center and Fort Bliss, 
Attn: ATZC-DOC, Building 2021, 1733 Pleasonton Road, Fort Bliss, TX 
79916-6816
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, 1830 Quartermaster Road, Fort Lee, VA 23801-1606
DABT60, 1L  TRADOC Contracting Agency, Attn: ATCA, Building 2798, 
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-DK, P.O. Box 
12748, Fort Huachuca, AZ 85670-2748
DABT65, B0  Mission Contracting Activity at Fort Leavenworth, Attn: 
ATOB-AL, Room 303, 600 Thomas Avenue, Fort Leavenworth, KS 6602-1389
DABT67, 0Q  Commander DLIFLC & POM, Attn: ATZP-DOC, Building 276, 
Plummer Street, Presidio of Monterey, CA 93944-5006
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: DESWL-
CT, P.O. Box 867, Little Rock, AR 72203-0867
DACA05, DACW05, CM  USA Engineer District, Sacramento, Attn: DESPK-
CT, 1325 J Street, Sacramento, CA 95814-2922
DACA07, DACW07, CP  USA Engineer District, San Francisco, Attn: 
CESPN-CT, 333 Market Street, San Francisco, CA 94105-2197
DACA09, DACW09, CQ  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, 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 63103-2833
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,

[[Page 34138]]

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 Engineer 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, 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 Distrct, Fort Worth, Attn: CESWF-
CT, P.O. Box 17300, Fort Worth, TX 76102-0300, 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, CB  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 Topographic Engineering Center, Attn: CETEC-
CT, 7701 Telegraph Road, Alexandria, VA 22315-3864
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  Trans Atlantic Program Center--Europe, Attn: CETAE-
CT, CMR 410, Box 7, APO AE 09096
DADA03, 8W  Fitzsimons Army Medical Center, Directorate of 
Contracting, Attn: HSHG-DC, Building 205, 10th Street and 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 Medical Command, Central Contracting Office, 
Attn: HSAA-C, Building 2015, 1105 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
DADA19  EURO-RMC (Regional Medical Command), Landstuhl, Germany, AP 
AE 09180-3460
DADW30, 0F  US Army Military District of Washington, Attn: ANPC, 103 
3rd Avenue, Fort Lesley J. McNair, Washington, DC 20319-5050
DADW35, 2M  USA Garrison Fort Belvoir, Directorate of Contracting, 
Attn: ANFB-OC, 9410 Jackson Loop, Suite 101, Fort Belvoir, VA 22060-
5134
DADW36, 1J  Fort Meade Directorate of Contracting, Attn: ANME-OC, 
Building 2234, Fort George G. Meade, MD 20755-5081
DADW38, 2S  Fort Ritchie Directorate of Contracting, 601 Lakeside 
Drive, Fort Ritchie, MD 21719-4020
DADW49, 0M  National Defense University, Contracting Office, Attn: 
NDU-LG-P, Building 62, Fort Lesley J. McNair, Washington, DC 20319-
5066
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, 660 South Aspen Street, Bldg 1005, 
Mail Stop 53, Aurora, CO 80011-9511
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, 4040 W. Guard Street, Boise, ID 83705-
5004
DAHA11, 9E  USPFO for Illinois, 1301 North McArthur Boulevard, 
Springfield, IL 62702-2399
DAHA12, 4E  USPFO for Indiana, 2002 S. Holt Road, Indianapolis, IN 
46241-4839
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  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

[[Page 34139]]

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, 
ATT: 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, 8 Madison Blvd., Camp Douglas, WI 
54618-5002
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 203315-0001
DAHA50  USPFO for Hawaii, 4208 Diamond Head Road, Honolulu, HI 
96816-4495
DAHA51, 2Z  USPFO for Alaska, Attn: P&C Division, Camp Denali, P.O. 
Box B, Fort Richardson, AK 99505-2600
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, 622 E. Harmon Industrial Park Road, 
Tamuning, GU 96911-4422
DAHA90, 2Y  National Guard Bureau, Contracting Support, 5109 
Leesburg Pike, Suite 401-B, Falls Church, VA 22041-3201
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 Garrison, Hawaii, Directorate of Contracting, 
Attn: APVG-GK, Building 520, Pierce Street, Fort Shafter, HI 96858-
5025
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
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
DAJA77  HQ, USACCE (Contracting Cell, Deployed), Attn: AEUCC-O, Unit 
29331, APO AE 09266
DAJA89, F0  RCO Wuerzburg, Attn: AEUCC-W, Unit 26622, 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
DAJN21, 1V  U.S. Army Garrison, Panama, Directorate of Contracting, 
Attn: SOCO-CO, Unit 7116, APO AA 34002-5000
DAKF04, ZE  Directorate of Contracting, Attn: AFZJ-DC, P.O. Box 
10039, Fort Irwin, CA 92310-0039
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  Army Atlanta Contracting Center, Attn: AFLG-PRC, 
Building 130, Anderson Way, 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, 13\1/2\ and Indiana Streets, 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: AFZT-DOC, Building 
5418, 3rd Floor, South Scott Plaza, Fort Dix, NJ 08640-6150
DAKF31, 1K  Directorate of Contracting, Attn: AFRC-FMD-DOC, Building 
227, Fort Devens, MA 01433-5340
DAKF36, 1M  Directorate of Contracting, Attn: AFZS-DOC, 45 West 
Street, 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
DAFK57, 1T  Directorate of Contracting, Attn: AFZH-DOC, Building 
9504, Box 339500, Fort Lewis, WA 98433-9500
DAKF61, 1U  Directorate of Contracting, Attn: AFRC-FM-DC, Building 
2103, 8th Avenue, Fort McCoy, WI 54656-5000
DAKF63, 9R  Directorate of Contracting, Los Alamitos, 1120 Lexington 
Drive, Los Alamitos, CA 90720-5002
DAMA01, G8  Superintendent, USA Military Academy, Attn: MADC, 
Building 667A, West Point, NY 10996-1594
DAMD17, B3  U.S. Army Medical Research Acquisition Activity, Attn: 
MCMR-AAA, Fort Detrick, Frederick, MD 21702-5014
DAMT01, 0E  HQ MTMC, Acquisition Division, Attn: MTAQ-A, 5611 
Columbia Pike, Falls Church, VA 22041-5050
DAMT02, G3  MTMC Eastern Area, Contracting Division, Attn: MTELO-C, 
Building 42/7, Bayonne, NJ 07002-5302
DAMT03, G4  MTMC, Western Area, Commander, Attn: MTWLO-CO, Building 
1, Alaska Street, Room 2336, Oakland, CA 94626-5000
DASA01, G0  USA Central Command-Saudi Arabia, Dhahran, Saudi Arabia, 
Attn: ARCENT-SA-CN, APO AE 09808
DASA02  USA Central Command-Kuwait, Camp Doha, Kuwait, Attn: ARCENT-
KU-KO, APO AE 09889-9900
DASA03  ARCENT Contracting Division, Attn: ARFD-PARC, Building 363, 
Fort McPherson, GA 30330-7000
DASA04  USA Central Command-Qatar, Doha, Qatar, Attn: ARCENT-QA-DOC, 
APO AE 09898
DASC01, YJ  USAINSCOM Support Battalion (Prov), Directorate of 
Contracting Operations, Attn: IASB-DCO, 8825 Beulah Street, Fort 
Belvoir, VA 22060-5246
DASC02, 1B  National Ground Intelligence Center (NGIC), Attn: IANG-
LOG, 220 Seventh Street NE, Charlottesville, VA 22902-5396
DASG60, CB  USA Space and Strategic Defense Command, Deputy 
Commander, Attn: CSSD-CM-AC, 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 1E260, Washington, DC 20310-
5200
DATM01, 0R  U.S. Army OPTEC Contracting Activity, Attn: CSTE-ZOC, 
P.O. Box Y, Fort Hood, TX 76544-5065
* * * * *

PART 7--DEFENSE INFORMATION SYSTEMS AGENCY ACTIVITY ADDRESS NUMBERS

DCA100, VC  DITCO-NCR, Attn: DTN, 701 South Courthouse Road, 
Arlington, VA 22204-2109 (ZD10)
DCA200, VP  Defense Information Technology Contracting Organization, 
Contracting Directorate, Attn: DTS, 2300 East Drive, Scott AFB, IL 
62225-5406 (ZD11)
DCA300, 1F  DITCO-Pacific, Attn: DTP, Building 487, Box 300, 
Vincennes Avenue and North Road, Pearl Harbor, HI 96860-5300 (ZD13)
DCA400, WK  DITCO-Europe, Attn: DTE, Unit 4235, Box 375, APO AE 
09136-5375 (ZD14)
DCA500, KH  DITCO-Alaska, Attn: DTA, 9864 L Street, Suite 201, 
Elmendorf AFB, AK 99506-2615 (ZD15)

[[Page 34140]]

PART 8--NATIONAL IMAGERY AND MAPPING AGENCY ACTIVITY ADDRESS 
NUMBERS

NMA100, BQ  National Imagery and Mapping Agency, Contracts in 
Support of Systems and Technology, Attn: PCS/D-88, 4600 Sangamore 
Road, Bethesda, MD 20816-5003 (ZM10)
NMA201, Y2  National Imagery and Mapping Agency, Micro Purchasing 
Operations (East), Attn: PCM-E/D-6, 4600 Sangamore Road, Bethesda, 
MD 20816-5003 (ZM21)
NMA202, Z2  National Imagery and Mapping Agency, Micro Purchasing 
Operations (West), Attn: PCM-W/L-13, 3200 South Second Street, St. 
Louis, MO 63118-3399 (ZM22)
NMA301, V2  National Imagery and Mapping Agency, Contracts in 
Support of Operations (East), Attn: PCO-E/D-5, 4600 Sangamore Road, 
Bethesda, MD 20816-5003 (ZM31)
NMA302, YQ  National Imagery and Mapping Agency, Contracts in 
Support of Operations (West), Attn: PCO-W/L-13, 3200 South Second 
Street, St. Louis, MO 63118-3399 (ZM32)
NMA401, 8Y  National Imagery and Mapping Agency, Contracts in 
Support of Corp Affairs (East), Attn: PCC-E/D-6, 4600 Sangamore 
Road, Bethesda, MD 20816-5003 (ZM41)
NMA402, YZ  National Imagery and Mapping Agency, Contracts in 
Support of Corp Affairs (West), Attn: PCC-W/L-13, 3200 South Second 
Street, St. Louis, MO 63118-3399 (ZM42)

PART 9--DEFENSE SPECIAL WEAPONS AGENCY ACTIVITY ADDRESS NUMBERS

DSWA01, 8Z  Defense Special Weapons Agency, Headquarters, Attn: 
Acquisition Management Directorate, 6801 Telegraph Road, Alexandria, 
VA 22310-3398 (ZS01)
DSWA02, 0N  Defense Special Weapons Agency, Field Command, Attn: 
Acquisition Management Office (FCA), 1680 Texas Street, S.E., 
Kirtland AFB, NM 87115-5669 (ZS02)

PART 10--MISCELLANEOUS DEFENSE ACTIVITIES ACTIVITY ADDRESS NUMBERS

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, Building 
2730, March AFB, GA 92518-2717 (ZP13)
MDA114, VV  T-ASA, Alexandria Contracting Office, 601 North Fairfax 
Drive, Suite 311, Alexandria, VA 22314-2007 (ZP14)
MDA210, SF  Defense Finance and Accounting Service Headquarters, 
1931 Jefferson Davis Highway, Arlington, VA 22240-5291 (ZF21)
MDA220  Defense Finance and Accounting Service, Integrated 
Contracting Office, 1931 Jefferson Davis Highway, Arlington, VA 
22240-5291 (ZF22)
MDA230, SU  Defense Finance and Accounting Service, Cleveland 
Center, 1240 East 9th Street, Cleveland, OH 44199-2055 (ZF23)
MDA240  Defense Finance and Accounting Service, Columbus Center, 
4280 East 5th Avenue, Columbus, OH 43219-1879 (ZF24)
MDA250, SV   Defense Finance and Accounting Service, Denver Center, 
6760 East Irvington Place, Denver, CO 80279-8000 (ZF25)
MDA260, ST   Defense Finance and Accounting Service, Indianapolis 
Center, 8899 East 56th Street, Building #1, Indianapolis, IN 46249-
0100 (ZF26)
MDA270    Defense Finance and Accounting Service, Financial Systems 
Organization, 8899 East 56th Street, Indianapolis, IN 46249-0100 
(ZF27)
MDA280 SY   Defense Finance and Accounting Service, Kansas City 
Center, 1500 East 95th Street, Kansas City, MO 64131 (ZF28)
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: DESPO, 8000 Jefferson Davis 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 Contracting, 4301 Jones Bridge Road, Bethesda, 
MD 20814-4799 (ZD05)
MDA906   Office of the Civilian Health and 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 Division, 8901 Wisconsin Avenue, Bethesda MD 
20889-5145 (ZD28)
MDA946    Washington Headquarters Services, Real Estate and 
Facilities Directorate, 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 ADDRESS NUMBER

OSIA01  On-Site Inspection Agency, Acquisition Management, 201 W 
Service Road, Dulles Int Airport, PO Box 17498, Washington, DC 
20041-0498 (ZD74)

PART 12--BALLISTIC MISSILE DEFENSE ORGANIZATION ACTIVITY ADDRESS 
NUMBER

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

DECA01, ZG  Defense Commissary Agency, East Service Center, Attn: 
DeCA/ES-AM, Building P-11200, 38th Street and 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 20755-5520 
(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

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)
USZA93  Special Boat Squadron One (SBR-1), 3400 Tarawa Road, San 
Diego, CA 92155-5176 (ZA93)
USZA94  Naval Special Warfare Group One (NSWG-1), 3632 Guadalcanal 
Road, San Diego, CA 92155-5583 (ZA94)
USZA95, 1A  USSOCOM, TAKO, Contracting Division, Attn: AMSAT-D-TK, 
4300 Goodfellow Boulevard, St. Louis, MO 63120 (AZ95)

[[Page 34141]]

USZA96, 1P  Special Boat Squadron Two (SBR-2), NAB Little Creek, 
2220 Schofield Road, Suite 100, Norfolk, VA 23521-2845 (ZA96)
USZA97  Naval Special Warfare Group Two (NSWG-2), 1430 Helicopter 
Road, Suite 200, Norfolk, VA 23521-2944 (ZA97)
USZA98  Naval Special Warfare Center, 2446 Trident Way, San Diego, 
CA 92155-5494 (ZA98)
USZA99  Naval Special Warfare Development Group (ZA99), 1636 Regulus 
Avenue, Virginia Beach, VA 23461-2299

Appendix I to Chapter 2--[Amended]

    128. Appendix I to Chapter 2 is amended in section I-103, in the 
introductory text of paragraph (b), by adding the word ``a'' before the 
word ``mentor''.
    129. Appendix I to Chapter 2 is amended in section I-106, in 
paragraphs (a) and (d), twice in paragraph (e), and in paragraph 
(j)(3), by removing the abbreviation ``OUSD(A&T)SADBU'' and inserting 
in its place the abbreviation ``DUSD(I&CP)SADBU''.
    130. Appendix I to Chapter 2 is amended in section I-107, in 
paragraphs (a) and (c), by removing the abbreviation ``OUSD(A&T)SADBU'' 
and inserting in its place the abbreviation ``DUSD(I&CP)SADBU''; and in 
paragraph (e) by removing the word ``the'' before the abbreviation 
``DoD''.
    131. Appendix I to Chapter 2 is amended in section I-111, in 
paragraph (c), by removing the abbreviation ``OUSD(A&T)SADBU'' and 
inserting in its place the abbreviation ``DUSD(I&CP)SADBU''.

[FR Doc. 97-15821 Filed 6-23-97; 8:45 am]
BILLING CODE 5000-04-M