[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
