[Federal Register Volume 63, Number 216 (Monday, November 9, 1998)]
[Rules and Regulations]
[Pages 60217-60218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29771]


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DEPARTMENT OF DEFENSE

48 CFR Part 253

[DFARS Case 98-D009]


Defense Federal Acquisition Regulation Supplement; Contract 
Action Reporting--1998

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

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SUMMARY: The Director of Defense Procurement has issued a final rule 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to update and clarify contract action reporting requirements relating 
to awards to Federal Prison Industries and government agencies, use of 
letter contracts, definitization of contracts, orders under agreements 
and Federal Supply Schedules, simplified acquisition procedures, and 
women-owned business status.

EFFECTIVE DATE: November 9, 1998.

FOR FURTHER INFORMATION CONTACT: Ms. Melissa Rider, Defense Acquisition 
Regulations Council, PDUSD(A&T)DP(DAR), IMD 3D139, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0131; telefax 
(703) 602-0350. Please cite DFARS Case 98-D009.

SUPPLEMENTARY INFORMATION: 

A. Background

    DoD uses DD Form 350, Individual Contracting Action Report, to 
collect data on contracting actions that obligate or deobligate more 
than $25,000. This final rule updates and clarifies the DD Form 350 
coding instructions at DFARS 253.204-70 (b) and (d).

B. Regulatory Flexibility Act

    The final rule does not constitute a significant revision within 
the meaning of FAR 1.501 and Public Law 98-577 and publication for 
public comment is not required. However, comments from small entities 
concerning the affected DFARS subpart will be considered in accordance 
with 5 U.S.C. 610. Such comments should cite DFARS Case 98-D009.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the final rule 
does not impose any information collection requirements that require 
the approval of the Office of Management and Budget under 44 U.S.C. 
3501, et seq.

List of Subjects in 48 CFR Part 253

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

    Therefore, 48 CFR Part 253 is amended as follows:
    1. The authority citation for 48 CFR Part 253 continues to read as 
follows:

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

PART 253--FORMS

    2. Section 253.204-70 is amended by revising paragraphs 
(b)(5)(ii)(A), (b)(5)(ii)(B)(1), (b)(13)(i)(A), (b)(13)(i)(B) 
introductory text, (b)(13)(i)(C), (b)(13)(i)(E), (b)(13)(i)(G), 
(b)(13)(iv)(I), (b)(14)(iii), (b)(14)(iv), and (d)(5)(vi) to read as 
follows:


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

* * * * *
    (b) * * *
    (5) * * *
    (ii) * * *
    (A) BLOCK B5A, CONTRACTOR IDENTIFICATION NUMBER. Enter the 
contractor's 9-position Data Universal Numbering System (DUNS) number 
(see FAR 4.602(d) and 4.603). For all actions with UNICOR/Federal 
Prison Industries, use DUNS number 62-662-7459.
    (B) * * *
    (1) Code Y--Yes. Enter code Y when the contractor is a Federal/
State/local government agency of the United States and outlying areas 
(see 204.670-1(d)). Do not use code Y when the government agency is an 
educational institution.
* * * * *
    (13) * * *
    (i) * * *
    (A) Code 1--Letter Contract. Enter code 1 when the contracting 
action is a letter contract or a modification to a letter contract that 
has not been definitized.
    (B) Code 3--Definitive Contract. Enter code 3 when the contracting 
action is the award or modification of a definitive contract or a 
modification that definitizes a contract. Code 3 includes the 
following:
* * * * *
    (C) Code 4--Order under an Agreement. Enter code 4 when the 
contracting action is an order or definitization of an order under an 
agreement other than a blanket purchase agreement. Examples include an 
order exceeding $25,000 under a basic ordering agreement or a master 
ship repair agreement and a job order when the contract is created by 
issuing the order. A call under a blanket purchase

[[Page 60218]]

agreement associated with a Federal Supply Schedule, pursuant to FAR 
8.404(b)(4), is coded 6. A call under other blanket purchase 
agreements, pursuant to FAR 13.303, is coded 9. When the contracting 
action is a modification to an order described in code 4 instructions, 
enter code 4 in B13A.
* * * * *
    (E) Code 6--Order/Call under Federal Schedule. Enter code 6 if the 
contracting action is an order under a GSA or VA Federal Supply 
Schedule, or a call against a blanket purchase agreement established 
under a GSA or VA Federal Supply Schedule (see FAR 8.404). Code 6 
includes orders under Federal Supply Schedules for items on the 
Procurement List. When the contracting action is a modification to an 
order/call described in code 6 instructions, enter code 6 in B13A.
* * * * *
    (G) Code 9--Purchase Order/Call. Enter code 9 if the contracting 
action, including an action in a designated industry group under the 
Small Business Competitiveness Demonstration Program (see FAR Subpart 
19.10), is an award pursuant to FAR Part 13, except when the 
contracting action is a blanket purchase agreement call pursuant to FAR 
8.404(b)(4) (see code 6). When the contracting action is a modification 
to a purchase order/call described in code 9 instructions, enter code 9 
in B13A.
* * * * *
    (iv) * * *
    (I) Code J--Definitization of a Letter Contract. Eneter code J if 
the contracting action is the definitization of a letter contract, and 
enter code 3 in Block B13A.
    (14) * * *
    (iii) Code C--Simplified Acquisition Procedures Other than FAR 
Subpart 13.5. Enter code C if the action resulted from use of the 
procedures in FAR Part 13, other than those in Subpart 13.5.
    (iv) Code D--Simplified Procedures Pursuant to FAR Subpart 13.5. 
Enter code D if the action resulted from use of the procedures in FAR 
Subpart 13.5.
* * * * *
    (d) * * *
    (5) * * *
    (vi) BLOCK D6, WOMEN-OWNED BUSINESS. Enter one of the following 
codes:
    (A) Code Y--Yes. Enter code Y if the response to FAR 52.204-5, 
52.212-3(c), or 52.219-1(b) indicates that it is a women-owned 
business.
    (B) Code N--No. Enter code N if the contractor's response to FAR 
52.204-5, 52.212-3(c), or 52.219-1(b) indicates that it is not a women-
owned business.
    (C) Code U--Uncertified. Enter code U if the information is not 
available because the contractor did not complete the representation 
under FAR 52.204-5, 52.212-3(c), or 52.219-1(b).
* * * * *
[FR Doc. 98-29771 Filed 11-6-98; 8:45 am]
BILLING CODE 5000-04-M