[Federal Register Volume 60, Number 133 (Wednesday, July 12, 1995)]
[Rules and Regulations]
[Pages 35868-35869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17048]
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DEPARTMENT OF DEFENSE
48 CFR Part 253
[DFARS Case 95-D711]
Defense Federal Acquisition Regulation Supplement; Contract Data
Reporting
AGENCY: Department of Defense (DoD).
ACTION: Final rule.
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SUMMARY: This final rule is issued pursuant to the Federal Acquisition
Streamlining Act of 1994, dated October 7, 1994, (``the Act''). The
Director of Defense Procurement is amending the Defense Federal
Acquisition Regulation Supplement concerning use of DD Form 350,
Individual Contracting Action Report, and DD Form 1057, Monthly
Contracting Summary of Actions $25,000 or Less, as a result of interim
FAR rules effective as of July 3, 1995 (Simplified Acquisition, FACNET
and Electronic Contracting FAR rules under FAR Cases 94-770 and 91-
104).
DATES: Effective date: July 6, 1995.
FOR FURTHER INFORMATION CONTACT:
Ms. Melissa D. Rider, DFARS FASTA Implementation Secretariat, at (703)
614-1634. Please cite DFARS Case 95-D711.
SUPPLEMENTARY INFORMATION:
A. Background
The Federal Acquisition Streamlining Act of 1994, Pub. L. 103-355,
(``the Act'') provides authorities that streamline the acquisition
process and minimize burdensome Government-unique requirements. Major
changes that can be expected in the acquisition process as a result of
the Act's implementation include changes in the areas of Commercial
Item Acquisition, Simplified Acquisition Procedures, the Truth in
Negotiations Act, and introduction of the Federal Acquisition Computer
Network (FACNET).
DFARS Case 95-D711 makes minimal changes to the contract data
reporting system. This will allow the various service and defense
agency automated data reporting systems to be modified as quickly as
possible.
Except for contracting actions pertaining to contingencies as
specified in FAR 13.101, all contracting actions exceeding $25,000
shall continue to be reported on the DD Form 350. The Act requires
detailed reporting of contracting actions exceeding $25,000 (including
actions using simplified acquisition procedures, i.e. purchase orders
and orders/calls under a blanket purchase agreement (BPA)) until
October 1, 1999. All contingency contracting actions, as specified in
FAR 13.101, will continue to be reported on the DD Form 1057.
The term ``small purchase procedures'' has been superseded under
the Act. Therefore, in drafting regulatory revisions under FAR Case 94-
770, the Simplified Acquisition team included wholesale elimination of
this term in the FAR and DFARS coverage they prepared. The contract
reporting changes required to complete implementation of this concept
include renaming Code 9 in Block B13 of the DD Form 350 to read
``Purchase/Modification Using Simplified Acquisition Procedures.'' A
future DFARS rule will include changes to completely eradicate the term
``small purchase'' from both the DD Form 350 and the DD Form 1057.
Until that rule is published, a memorandum from the Director of Defense
Procurement will direct that the term ``small purchase procedures'' on
the two forms be interpreted to mean ``simplified acquisition
procedures.''
Orders, calls, and modifications awarded after the effective date
of this final rule pertaining to any blanket purchase agreement will be
reported as code 9 (simplified acquisition procedure) in Block B13 of
the DD Form 350 instead of code 4 (order under a BOA). Purchase orders
or modifications issued after the effective date of this final rule
will also be reported as code 9. If code 9 is used in Block B13, then
Block C8, Solicitation Procedures, should be blank. Orders under basic
ordering agreements will continue to be reported as code 4.
The category of small business-small purchase set-aside is no
longer valid. Actions under the simplified acquisition threshold
reserved for small businesses will be reported as small business set-
asides. However, the OSD data base will continue to accept DD Form 350
and DD Form 1057 data reported as small business-small purchase actions
until the end of FY95, but this data will be converted to be included
with small business set-aside data.
B. Regulatory Flexibility Act
This final rule does not constitute a significant revision within
the meaning of Public Law 98-577 and publication for public comment is
not required. Therefore, the Regulatory Flexibility Act does not apply.
However, comments from small entities concerning the affected DFARS
subpart will be considered in accordance with Section 610 of the Act.
C. The Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the final rule
does not impose any additional reporting or record keeping requirements
that require Office of Management and Budget approval 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 is revised 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)(13)(iv), (b)(13)(ix), (c)(4)(viii), and (d)(5)(iv)(A)(2); by
removing paragraph (d)(5)(iv)(A)(7); and by adding paragraph
(c)(4)(iii)(A)(6) to read as follows:
253.204-70 DD Form 350, Individual Contracting Action Report.
* * * * *
(b) * * *
(13) * * *
[[Page 35869]]
(iv) Code 4--Order Under a BOA. Enter code 4 when the contracting
action is an order or definitization of an order (not a modification of
an order). Examples include orders under a basic ordering agreement,
priced exhibit, or production list entered into by a DoD component (see
code 3 for actions which are not orders or modifications of orders).
Enter code 9 if the action is an order under a blanket purchase
agreement.
* * * * *
(ix) Code 9--Purchase/Modification Using Simplified Acquisition
Procedures. Enter code 9 if the contracting action, including actions
in a designated industry group under the Small Business Competitiveness
Demonstration Program (FAR 19.10), is an award or a modification of an
award pursuant to FAR part 13.
* * * * *
(c) * * *
(4) * * *
(iii) * * *
(A) * * *
(6) Simplified acquisition procedures were used and competition was
obtained.
* * * * *
(viii) Block C8, Solicitation Procedures.
(A) Leave Block C8 blank if--
(1) The original contract resulted from a solicitation issued
before April 1, 1985 (i.e., before the effective date of the
Competition in Contracting Act); or
(2) The action is pursuant to simplified acquisition procedures
(Block B13 is coded 9).
(B) If the action is an order/modification under a Federal Supply
Schedule (Block B13 is coded 6), use code B for single award schedules
and code F for multiple award schedules.
(C) Otherwise, enter one of the 12 codes--
(1) Code A--Full and Open Competition--Sealed Bid. Enter code A if
the action resulted from an award pursuant to FAR 6.102(a).
(2) Code B--Full and Open Competition--Competitive Proposal. Enter
code B if the action resulted from an award pursuant to FAR 6.102(b).
(3) Code C--Full and Open Competition--Combination. Enter code C if
the action resulted from an award using a combination of competitive
procedures (e.g., two-step sealed bidding) pursuant to FAR 6.102(c).
(4) Code D--Architect-Engineer. Enter code D if the action resulted
from selection of sources for architect-engineer contracts pursuant to
FAR 6.102(d)(1).
(5) Code E--Basic Research. Enter code E if the action resulted
from competitive selection of basic research proposals pursuant to FAR
6.102(d)(2).
(6) Code F--Multiple Award Schedule. Enter code F if the action is
an award of a multiple award schedule pursuant to FAR 6.102(d)(3) or an
order against such a schedule.
(7) Code G--Alternate Source--Reduced Cost. Enter code G if the
action resulted from use of procedures to reduce overall cost pusuant
to FAR 6.202(a)(1).
(8) Code H--Alternate Source--Mobilization. Enter code H if the
action resulted from use of procedures for having a facility available
for national defense or industrial mobilization pursuant to FAR
6.202(a)(2).
(9) Code J--Alternate Source--Eng/R&D Capability. Enter code J if
the action resulted from use of procedures for establishing or
maintaining an essential enginnering, research, or development
capability pursuant to FAR 6.202(a)(3).
(10) Code K--Set Aside. Enter code K if the action resulted from
any--
(i) Set-aside for small business concerns (see FAR 6.203) including
small business innovative research (SBIR) actions and awards to public
or private organizations for the handicapped participating in a set-
aside for small business concerns (see FAR 19.501(h)).
(ii) Set-aside for small disadvantaged business concerns (see
206.203).
(iii) Total or partial set-asides (including portions of broad
agency announcements (BAAs)) for historically black colleges and
universities or minority institutions (see 206.203 and 235.016).
(iv) Competition among section 8(a) firms under FAR 19.805 (report
noncompetitive 8(a) awards as code N).
(11) Code M--Otherwise Authorized by Statute. Enter code M if using
contracting procedures that are expressly authorized by statute and not
addressed in FAR 6.302-5 (see FAR 6.001(b)). Do not use code M for
statutes addressed in FAR 6.302-5 (instead use code N in this Block and
code 5A in Block C9).
(12) Code N--Other Than Full and Open Competition. Enter code N if
the action resulted from use of other than full and open competition
pursuant to FAR 6.3. This includes awards to qualified nonprofit
agencies employing people who are blind or severely disabled (see FAR
subpart 8.7) or noncompetitive awards to the Small Business
Administration under Section 8(a) of the Small Business Act (see FAR
6.302-5(b)).
* * * * *
(d) * * *
(5) * * *
(iv) * * *
(A) * * *
* * * * *
(2) Code B--Total SB Set-Aside. Enter code B if the action was a
total set-aside for small business (FAR 19.502-2), including actions
reserved exclusively for small business concerns pursuant to FAR
13.105, or if the action resulted from the Small Business Innovative
Research Program
* * * * *
3. Section 253.204-71 is amended by revising paragraph
(e)(2)(i)(A)(3) to read as follows:
253.204-71 DD form 1057, Monthly Contracting Summary of Actions
$25,000 or Less.
* * * * *
(e) * * *
(2) * * *
(i) * * *
(A) * * *
(3) Actions (including modifications) at or below the micropurchase
threshold at FAR 13.101;
* * * * *
[FR Doc. 95-17048 Filed 7-11-95; 8:45 am]
BILLING CODE 5000-04-M
