Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations 39707

(USDA&T))’’ and adding in its place

‘‘(Acquisition, Technology, and

Logistics) (USD (AT&L))’’; and

b. In paragraph (b)(2) by removing the

parenthetical ‘‘(A&T)’’ and adding in its

place ‘‘(AT&L)’’

252—SOLICITATION PROVISIONS AND

CONTRACT CLAUSES

252.225–7026 [Amended]

51. Section 252.225–7026 is amended

as follows:

a. By revising the clause date to read

‘‘(JUN 2000)’’; and

b. In paragraph (b)(3) by removing the

parenthetical ‘‘(A&T)’’ and adding in its

place ‘‘(AT&L)’’.

PART 253—FORMS

253.213–70 [Amended]

52. Section 253.213–70 is amended in

paragraph (e), under the heading ‘‘17

Accounting and Appropriation Data/

Local Use—’’ by removing ‘‘204.7108’’

and adding in its place ‘‘204.7107’’.

53. The note at the end of Part 253 is

amended as follows:

a. In the entry ‘‘253.303–1391’’ by

removing ‘‘FY 19l’’ and adding in its

place ‘‘FY ll’’ and

b. By adding, after the entry

‘‘253.303–1391’’, the entry ‘‘253.303–

1391c FY ll Military Construction

Project Data (continuation).’’.

Appendix A—Armed Services Board of

Contract Appeals

PART 2—[AMENDED]

54. Appendix A to Chapter 2 is

amended in Part 2 in the Preface, under

the heading ‘‘II. Location and

Organization of the Board’’, in

paragraph (a) as follows:

a. By adding ‘‘–3217’’ after ‘‘22041’’;

b. By removing ‘‘(202) 756–8500’’ and

adding in its place ‘‘(703) 681–8500’’;

and

c. By removing ‘‘756–8502’’ and

adding in its place ‘‘(703) 681–8502’’.

Appendix G—Activity Address

Numbers

G–102 [Amended]

55. Appendix G to Chapter 2 is

amended in Section G–102 in paragraph

(b)(2) by removing the parenthetical

‘‘(A&T)’’ and adding in its place

‘‘(AT&L)’’.

56. Appendix G, Part 3, is amended

by revising the entry ‘‘N00030’’; and by

adding, in alpha-numerical order, two

new entries to read as follows:

PART 3—NAVY ACTIVITY ADDRESS

NUMBERS

* * * * *

N00030 Strategic Systems Programs

EK* 3801 Nebraska Avenue

EKO–9 Washington, DC 20393–5446

* * * * *

N46450 Officer-In-Charge

L50–9 Fleet and Industrial Supply Center,

Jacksonville Detachment, 930 USS Hunley

Avenue, Room 214, Kings Bay, GA 31547–

2617

* * * * *

N68836 Commanding Officer

J9 Fleet and Industrial Supply Center, 110

Yorktown Avenue, Jacksonville, FL 32212–

0097

* * * * *

57. Appendix G, Part 4, is amended

by removing the entry ‘‘M67355’’; and

by adding, in alpha-numerical order,

two new entries to read as follows:

PART 4—MARINE CORPS ACTIVITY

ADDRESS NUMBERS

* * * * *

M20001 Contracting Office

MUN Headquarters and Service Company

(MAJ00027) Marine Forces Atlantic,

Building CA–486, Room 203, 1468 Ingram

Street, Norfolk, VA 23551–2596

* * * * *

M29000 Contingency Contracting Office

MSZ 3D Force Service Support Group

(MAJ00027) Marine Forces Pacific, Unit

38404, FPO AP 96604–8404

* * * * *

58. Appendix G, Part 5, is amended as

follows:

a. By revising the entry ‘‘F04605’’; and

b. In the entry ‘‘F30602’’ by removing

the abbreviation ‘‘AFRL/IFK’’ and

adding in its place ‘‘AFRL/IFOJ’’. The

revised text reads as follows:

PART 5—AIR FORCE ACTIVITY ADDRESS

NUMBERS

* * * * *

F04605 452 LSS/LGC

5H 1940 Graeber Street, Building 449,

March ARB, CA 92518–1650

* * * * *

[FR Doc. 00–15818 Filed 6–26–00; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF DEFENSE

48 CFR Parts 204 and 253

[DFARS Case 2000–D001]

Defense Federal Acquisition

Regulation Supplement; Reporting

Requirements Update

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 provide DoD contract action

reporting requirements for fiscal year

2001. The rule makes changes to the

individual contracting action report and

the monthly summary of contracting

actions.

EFFECTIVE DATE: October 1, 2000.

FOR FURTHER INFORMATION CONTACT: Ms.

Michele Peterson, Defense Acquisition

Regulations Council,

OUSD(AT&L)DP(DAR), IMD 3D139,

3062 Defense Pentagon, Washington, DC

20301–3062. Telephone (703) 602–0311;

telefax (703) 602–0350. Please cite

DFARS Case 2000-D001.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule contains fiscal year

2001 requirements for completion of DD

Form 350, Individual Contracting

Action Report, and DD Form 1057,

Monthly Summary of Contracting

Actions. DoD uses these forms to collect

statistical data on its contracting

actions. This rule contains reporting

changes related to bundled contracts,

North American Industry Classification

System codes, performance-based

service contracts, multiple award

contracts, and veteran-owned small

business concerns.

DD Forms 350 and 1057, and other

forms prescribed by the DFARS, are not

included in the Code of Federal

Regulations. The forms are available

electronically via the Internet at http://

web1.whs.osd.mil/icdhome/forms.htm.

This rule was not subject to Office of

Management and Budget review under

Executive Order 12866, dated

September 30, 1993.

B. Regulatory Flexibility Act

This 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, DoD will

consider comments from small entities

concerning the affected DFARS subparts

in accordance with 5 U.S.C. 610. Such

comments should cite DFARS Case

2000-D001.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the 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.

39708 Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations

List of Subjects in 48 CFR Parts 204 and

253

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition

Regulations Council.

Therefore, 48 CFR Parts 204 and 253

are amended as follows:

1. The authority citation for 48 CFR

Parts 204 and 253 continues to read as

follows:

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

Chapter 1.

PART 204—ADMINISTRATIVE

MATTERS

2. Sections 204.600 through 204.602

are revised to read as follows:

204.600 Scope of subpart.

The Defense Contract Action Data

System (DCADS) (see 204.670) is the

DoD reporting system that supports the

uniform reporting requirements for—

(1) DD Form 350, Individual

Contracting Action Report; and

(2) DD Form 1057, Monthly Summary

of Contracting Actions.

204.601 Record requirements.

(a) The DCADS meets FAR Subpart

4.6 record retention requirements.

(d) The Directorate for Information,

Operation, and Reports (DIOR), of the

Washington Headquarters Services

(WHS) transmits required DoD

information to the Federal Procurement

Data System.

204.602 Federal Procurement Data

System.

(c) DoD uses the DD Form 350,

Individual Contracting Action Report,

instead of the SF 279, Federal

Procurement Data System (FPDS)

Individual Contract Action Report. DoD

uses the DD Form 1057, Monthly

Summary of Contracting Actions,

instead of the SF 281, FPDS Summary

Contract Action Report ($25,000 or

Less).

3. Section 204.670–1 is amended by

revising paragraphs (b) and (c) to read

as follows:

204.670–1 Definitions.

(b) Contracting action means any

action obligating or deobligating funds

in connection with the purchasing,

renting, or leasing of supplies, services,

or construction. The term does not

include grants or cooperative

agreements. The term includes, but is

not limited to, the following:

(1) Definitive contracts, including

notices of award.

(2) Letter contracts.

(3) Purchase orders.

(4) Purchases made using the

Governmentwide commercial purchase

card.

(5) Actions for purchase of land or

rental or lease of real property.

(6) Orders under existing contracts or

agreements, e.g.—

(i) Orders against basic ordering

agreements, including service orders

issued on DD Form 1164, Service Order

for Personal Property, by installation

transportation offices;

(ii) Calls against blanket purchase

agreements;

(iii) Job orders;

(iv) Task orders;

(v) Delivery orders;

(vi) Communication services

authorizations; and

(vii) Notices of termination or

cancellation.

(7) Contract modifications, e.g.—

(i) Change orders;

(ii) Supplemental agreements;

(iii) Funding actions; and

(iv) Option exercises.

(c) Departmental data collection

points means—

(1) For the Army (including Corps of

Engineers Civil Works): Department of

the Army, ATTN: SAAL-PA, 5109

Leesburg Pike, Suite 302, Falls Church,

VA 22041–3201.

(2) For the Navy: Fleet Industrial

Supply Center, Norfolk Detachment

Washington, DC, ATTN: PMRS, Code

02W4.A, 1014 N Street SE, Suite 400,

Washington Navy Yard, Washington, DC

20374–5014.

(3) For the Air Force: SAF/AQCI, 1060

Air Force Pentagon, Washington, DC

20330–1060.

(4) For the Defense Logistics Agency:

Headquarters, Defense Logistics Agency,

ATTN: Procurement Management

Directorate (Acquisition Programs

Team), 8725 John J. Kingman Road,

Suite 3147, Fort Belvoir, VA 22060–

6221.

(5) For other DoD contracting

activities: Department of the Army,

ATTN: SAAL-PA, 5109 Leesburg Pike,

Suite 302, Falls Church, VA 22041–

3201.

* * * * *

4. Section 204.670–2 is amended by

revising paragraphs (a) and (b)(2)(ii) to

read as follows:

204.670–2 Reportable contracting actions.

(a) Except as provided in paragraph

(c) of this subsection, complete a DD

Form 350 for the following types of

contracting actions in accordance with

the instructions in 253.204–70:

(1) Actions that obligate or deobligate

more than $25,000, except actions

summarized on DD Form 1057 in

accordance with paragraph (b)(2) of this

subsection.

(2) Actions that obligate or deobligate

$25,000 or less and are—

(i) Under a very small business setaside (see FAR Subpart 19.9);

(ii) Requirements that DoD is

processing for a non-DoD Federal

agency; or

(iii) In a designated industry group

under the Small Business

Competitiveness Demonstration

Program (see FAR Subpart 19.10),

except for—

(A) Foreign military sales;

(B) Orders or modifications under

Federal schedules;

(C) Actions with government

agencies;

(D) Actions with non-U.S. business

firms; and

(E) Actions where the place of

performance is other than the United

States and its outlying areas.

(b) * * *

(2) * * *

(ii) A humanitarian or peacekeeping

operation as defined in 10 U.S.C.

2302(8).

* * * * *

5. Sections 204.670–3 through

204.670–7 are revised to read as follows:

204.670–3 Contracting office

responsibilities.

(a) For DD Form 350, contracting

offices—

(1) Prepare the appropriate type of DD

Form 350 (see 204.670–6) in accordance

with the instructions in 253.204–70, for

all reportable contracting actions (see

204.670–2(a)), including actions

accomplished by contract

administration offices on behalf of the

contracting office.

(2) Complete the DD Form 350 when

funds are obligated or deobligated. For

actions accomplished by a contract

administration office, complete the DD

Form 350 upon receipt of the

contractual instrument annotated ‘‘DD

FORM 350 REPORTING COPY.’’

(3) Submit all DD Forms 350 for the

calendar month to the departmental

data collection point (see 204.670–1(c))

in accordance with departmental or

agency procedures.

(4) Prepare and submit a corrected or

canceling DD Form 350 as required in

accordance with departmental data

collection point instructions.

(5) Establish a control system for

assigning report numbers to DD Forms

350 (Line A2 of the DD Form 350). The

number must have six positions and

may be any combination of alpha or

numeric characters. If more than one

activity within a contracting office uses

the same reporting office code, the

Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations 39709

contracting office must assign separate

blocks of numbers to each activity to

prevent duplication of report numbers.

(6) Maintain the DD Form 350 in the

contract file in any medium, in

accordance with departmental or agency

procedures.

(b) For DD Form 1057, contracting

offices—

(1) Prepare a DD Form 1057, in

accordance with the instructions in

253.204–71, covering reportable

contracting actions (see 204.670–2(b)),

including actions accomplished by

contract administration offices on behalf

of the contracting office. An installation,

base, or other activity may have more

than one contracting office code to

separate the various types of

acquisitions, such as base and central

contracting, or RDT&E and non-RDT&E

acquisition. Each contracting office with

a separate code must submit its own DD

Form 1057.

(2) Complete the DD Form 1057

within three working days after the

cutoff of the reporting month.

Contracting offices may not cut off the

reporting month before the 25th

calendar day. The cutoff date for

September is September 30. Submit the

DD Form 1057 to the departmental data

collection point in accordance with

departmental or agency procedures.

(3) Unless otherwise instructed by the

departmental data collection point, do

not submit revised DD Form 1057

reports. Include any required

corrections or adjustments in following

month’s report.

204.670–4 Contract administration office

responsibilities.

Contract administration offices

executing actions subject to DD Form

350 or DD Form 1057 reporting must

submit an annotated copy of the

contractual instrument to the

contracting office so that the contracting

office can submit the required report.

(a) For DD Form 350, annotate in the

heading of the contractual instrument in

large block letters ‘‘DD FORM 350

REPORTING COPY.’’ Send the

annotated copy to the contracting office

within one working day after the action

date.

(b) For DD Form 1057, annotate in the

heading of the contractual instrument in

large block letters ‘‘DD FORM 1057

REPORTING COPY.’’ Send the

annotated copy with the normal

distribution.

204.670–5 Departmental data collection

point responsibilities.

Departmental data collection points—

(a) Collect DD Forms 350 and 1057

data provided by their contracting

activities;

(b) Electronically record the data in

accordance with the instructions for

recording and editing developed by

WHS–DIOR with the majority agreement

of the departments and agencies and

prescribed by the Director of Defense

Procurement; and

(c) Submit monthly reports

(noncumulative) to Washington

Headquarters Services, ATTN: DIOR,

within 18 days after the close of the

reporting period, except the due date for

September may be extended for no more

than ten days. Report Control Symbol

DD–AT&L(M)1014 applies to reports for

DD Form 350 actions, and Report

Control Symbol DD–AT&L(M)1015

applies to reports for DD Form 1057

actions.

204.670–6 Types of DD Form 350 reports.

There are three types of reports—

single, consolidated, and multiple.

(a) A single report is one DD Form 350

report per contracting action.

(b) A consolidated report combines

several contracting actions.

(1) Prepare consolidated reports for—

(i) Military Sealift Command awards

of indefinite-delivery contracts for

ocean transportation. The Command

reports at the beginning of each fiscal

year the estimated value of the orders

for that fiscal year on one DD Form 350.

(ii) Defense Energy Support Center or

Defense Supply Center, Richmond,

indefinite-delivery contracts for

petroleum or petroleum supplies. The

Centers, at the time of award, report the

estimated value of the orders to be

placed against the contract on one DD

Form 350.

(iii) Orders placed by the Defense

Commissary Agency (DeCA) for resale

items over $25,000. DeCA consolidates

the orders monthly and reports the

cumulative dollar amounts and actions

on one DD Form 350 in accordance with

agency procedures.

(iv) Vouchers processed by the U.S.

Army Contracting Command, Europe

(USACCE), for the purchase of utilities

from municipalities (e.g., gas,

electricity, water, sewage, steam, snow

removal, and garbage collection).

USACCE consolidates these transactions

monthly and reports the cumulative

dollar amount on one DD Form 350 in

accordance with departmental

procedures.

(2) Consolidated reports may be

prepared in accordance with

departmental or agency procedures for

orders under communications service

agreements for local dial tone services.

(c) A multiple report is more than one

DD Form 350 per contracting action.

Prepare multiple reports if—

(1) The contracting action includes

foreign military sales (FMS)

requirements in addition to non-FMS

requirements (Line B9 on the DD Form

350). Submit one DD Form 350 report

for the FMS requirements and another

DD Form 350 report for the non-FMS

requirements, except if either of the

portions is $25,000 or less, report the

$25,000 or less portion on a DD Form

1057 instead of a DD Form 350.

(2) The contracting action includes

more than one type of contract (Line C5

on the DD Form 350) and the type with

the least dollar value exceeds $500,000.

Prepare a separate DD Form 350 for each

contract type.

(3) The contracting action includes

non-DoD Federal agency requirements

and DoD requirements. Submit one DD

Form 350 for the non-DoD requirements

and another DD Form 350 for the DoD

requirements. If the DoD portion is

$25,000 or less, report the DoD portion

on a DD Form 1057 instead of a DD

Form 350.

204.670–7 Security classification.

Submit DD Forms 350 as unclassified

documents. Classified contracts are not

exempt from reporting solely because

the contract is classified. Contact the

appropriate departmental data

collection points for special instructions

if it is necessary for security reasons to

modify coding of any information on the

DD Form 350. If contact cannot be made

for security reasons, obtain instructions

from the Director of Security, Office of

the Assistant Secretary of Defense

(Command, Control, Communications,

and Intelligence), (703) 614–0578, or

DSN 224–0578.

204.670–8 [Removed]

6. Section 204.670–8 is removed.

PART 253—FORMS

7. Sections 253.204–70 and 253.204–

71 are revised to read as follows:

253.204–70 DD Form 350, Individual

Contracting Action Report.

Policy on use of a DD Form 350 is in

204.670–2. This subsection contains

instructions for completion of the DD

Form 350.

(a) Part A of the DD Form 350. Part

A identifies the report and the reporting

activity. Complete all four lines.

(1) LINE A1, TYPE OF REPORT. Enter

one of the following codes:

(i) Code 0—Original. Enter code 0

unless code 1 or code 2 applies.

(ii) Code 1—Canceling. A canceling

action cancels an existing DD Form 350

in accordance with departmental data

collection point instructions.

39710 Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations

(iii) Code 2—Correcting. A correcting

action corrects an existing DD Form 350

action in accordance with departmental

data collection point instructions.

(2) LINE A2, REPORT NUMBER.

Enter the six-position local control

number (see 204.670–3(a)(5)). If Line A1

is coded 1 or 2, use the prior report

number rather than a new one.

(3) LINE A3, CONTRACTING OFFICE

(i) LINE A3A, REPORTING AGENCY

FIPS 95 CODE. Enter the four-position

code from Federal Information

Processing Standards Publication (FIPS

PUB) 95, Codes for the Identification of

Federal and Federally Assisted

Organizations, that identifies the

reporting agency.

(ii) LINE A3B, CONTRACTING

OFFICE CODE. Enter the code assigned

by the departmental data collection

point in 204.670–1(c).

(4) LINE A4, NAME OF

CONTRACTING OFFICE. Enter

sufficient detail to establish the identity

of the contracting office.

(b) Part B of the DD Form 350. Part

B identifies the transaction.

(1) LINE B1, CONTRACT

IDENTIFICATION INFORMATION. Do

not leave any parts of Line B1 blank.

(i) LINE B1A, CONTRACT NUMBER.

(A) Enter—

(1) The DoD contract number; or

(2) For orders under contracts

awarded by other Federal agencies, the

contract number of that Federal agency

as it appears in the contractual

instrument.

(B) Do not leave spaces between

characters, and do not enter dashes,

slants, or any other punctuation marks.

(C) The DoD contract number is the

basic (13 alphanumeric character)

procurement instrument identification

number (PIIN) that was assigned in

accordance with 204.7003 or

constructed under an exception

permitted by 204.7000. Do not enter any

supplementary procurement instrument

identification numbers as part of the

contract number (these go on Line B2).

(ii) LINE B1B, ORIGIN OF

CONTRACT. Enter the code that

indicates the agency that assigned the

contract number.

(A) Code A—DoD. 

(B) Code B—NASA. 

(C) Code C—Other Non-DoD Agency. 

(iii) LINE B1C, BUNDLED

CONTRACT. Enter one of the following

codes:

(A) Code Y—Yes. Enter code Y when

the contract meets the definition of

‘‘bundled contract’’ at FAR 2.101 and

the contract value exceeds $5 million.

(B) Code N—No. Enter code N when

code Y does not apply.

(iv) LINE B1D, PERFORMANCEBASED SERVICE CONTRACT. Enter

one of the following codes:

(A) Code Y—Yes. Enter code Y

when—

(1) The contract value exceeds

$100,000; and

(2) At least 80 percent of the contract

value is for work that is performance

based (see FAR subpart 37.6).

(B) Code N—No. Enter code N when

code Y does not apply.

(v) LINE B1E—Reserved.

(2) LINE B2, MODIFICATION,

ORDER, OR OTHER ID NUMBER. Enter

the supplementary procurement

instrument identification number (if

there is one) that was assigned in

accordance with 204.7004 or as

permitted by 204.7000. It can be up to

19 characters. Usually calls and orders

have a four-position number (see

204.7004(d)); modifications to contracts

and agreements have a six-position

modification number (see 204.7004(c));

and modifications to calls and orders

have a two-position modification

number (see 204.7004(e)). When

reporting modifications to calls and

orders, enter both the call or order

number and the modification number.

(3) LINE B3, ACTION DATE.

(i) Enter the year, month, and day of

the effective date for fiscal obligation

purposes.

(ii) Enter four digits for the year, two

digits for the month, and two digits for

the day. Use 01 through 12 for January

through December. For example, enter

January 2, 2003, as 20030102.

(4) LINE B4, COMPLETION DATE.

(i) Enter the year, month, and day of

the last contract delivery date or the end

of the performance period. If the

contract is incrementally funded, report

the completion date for the entire

contract. Report the completion date

associated with an option quantity

when the option is exercised.

(ii) Enter four digits for the year, two

digits for the month, and two digits for

the day. Use 01 through 12 for January

through December. For example, enter

January 2, 2003, as 20030102.

(5) LINE B5, CONTRACTOR

IDENTIFICATION INFORMATION.

(i) Use data that relates to the

contractor whose name and address

appear in the contract document (Block

7 of the SF 26, Award/Contract; Block

8 of the SF 30, Amendment of

Solicitation/Modification of Contract;

Block 15A of the SF 33, Solicitation,

Offer and Award; or Block 9 of the DD

Form 1155, Order for Supplies or

Services), except—

(A) For contracts placed with the

Small Business Administration under

Section 8(a) of the Small Business Act,

use data that relates to the company that

will be performing the work;

(B) For Federal schedule orders, use

data that applies to the contractor whose

name appears on the schedule (not the

data for the agent to whom orders may

be sent); and

(C) For contracts with the Canadian

Commercial Corporation (CCC), use data

for the appropriate CCC office.

(ii) Some of the parts of Line B5 may

not apply to the action being reported.

Follow the instructions for each part.

(A) LINE B5A, CONTRACTOR

IDENTIFICATION NUMBER (DUNS).

(1) Enter the contractor’s 9-position

Data Universal Numbering System

(DUNS) number (see FAR 4.602(d) and

4.603 and DFARS subpart 204.73).

(2) For all actions with Federal Prison

Industries (UNICOR), use DUNS number

62–662–7459.

(3) For U.S. Army Contracting

Command, Europe, consolidated

reporting of vouchers for utilities from

municipalities, use DUNS number 15–

390–6193 (see 204.670–6(b)(1)).

(B) LINE B5B, GOVERNMENT

AGENCY. Enter one of the following

codes:

(1) Code Y—Yes. Enter code Y when

the contractor is a Federal, State, or

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.

(2) Code N—No. Enter code N when

code Y does not apply.

(C) LINE B5C, CAGE CODE. Enter the

5-position Commercial and Government

Entity (CAGE) code that identifies the

contractor plant or establishment. If the

CAGE code is not already available in

the contracting office and the apparent

awardee does not respond to the

provision at 252.204–7001, Commercial

and Government Entity (CAGE) Code

Reporting, use the procedures at

204.7202–1 to obtain one.

(D) LINE B5D, CONTRACTOR NAME

AND DIVISION NAME. Enter the

contractor’s name as stated in the offer

and resultant contract. Include its

division name.

(E) LINE B5E, CONTRACTOR

ADDRESS. Enter the contractor’s

address as stated in the offer and

resultant contract. Include street address

or P.O. Box, city or town, state or

country, and ZIP code, if applicable. Do

not enter foreign postal codes.

(F) LINE B5F, TAXPAYER

IDENTIFICATION NUMBER. Enter the

contractor’s taxpayer identification

number (TIN) (see FAR Subpart 4.9).

Leave Line B5F blank if the contractor

is—

Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations 39711

(1) Registered in the Central

Contractor Registration database (see

Subpart 204.73);

(2) A nonresident alien, foreign

corporation, or foreign partnership that

does not have income effectively

connected with the trade or business in

the United States; and does not have an

office or place of business or a fiscal

paying agent in the United States;

(3) An agency or instrumentality of a

foreign government; or

(4) An agency or instrumentality of

the Federal Government.

(G) LINE B5G, PARENT TAXPAYER

IDENTIFICATION NUMBER. Enter the

contractor’s parent company (common

parent) TIN (see FAR subpart 4.9 and

52.204–3). If the contractor does not

have a parent company or the parent

company meets the exemption for Line

B5F, leave Line B5G blank.

(H) LINE B5H, PARENT NAME. If a

parent company TIN is entered on Line

B5G, enter the name of the parent

company (common parent) on Line

B5H. Leave Line B5H blank if there is

no parent company or the parent

company is exempted from the

requirement to have a TIN.

(6) LINE B6, PRINCIPAL PLACE OF

PERFORMANCE.

(i) The place, or places, where the

contract will be performed may be

specified by the Government or listed by

the contractor in response to the

solicitation provision at FAR 52.214–14,

Place of Performance’Sealed Bidding, or

FAR 52.215–6, Place of Performance.

Use data for the contractor’s principal

place of performance, which is generally

the—

(A) Final assembly point for items

manufactured under supply contracts;

(B) Location from where shipments

from stock are made under supply

contracts;

(C) Actual construction site for

construction contracts;

(D) Planned construction site for

architect-engineer contracts;

(E) Place of mining for mined

supplies; or

(F) Place (including military

installations) where a service is

performed for service contracts.

(ii) When there is more than one

location for any of paragraphs

(b)(6)(i)(A) through (F) of this subsection

(e.g., more than one construction site),

use the location involving the largest

dollar amount of the acquisition. Do not

show more than one location on Line

B6.

(iii) If places of performance are too

varied or not known, enter the

contractor’s home office location.

However, if the contractor is a domestic

concern and the entire contract will be

performed outside the United States,

enter the most frequent place of

performance.

(iv) Follow the instructions for each

part of Line B6 that applies to the action

being reported.

(A) LINE B6A, CITY OR PLACE

CODE.

(1) For places in the United States and

outlying areas, enter the numeric place

code from FIPS PUB 55, Guideline:

Codes for Named Populated Places,

Primary Country Divisions, and Other

Locational Entities of the United States

and Outlying Areas. Leave Line B6A

blank for places outside the United

States and outlying areas.

(2) If the city or locality is not listed,

look in FIPS PUB 55 for the county code

of the principal place of performance.

Enter that code on Line B6A. Use 50000

for Washington, DC, with a State code

of 11.

(3) Paragraph 5.2, Entry Selection

With the Aid of the Class Code, of FIPS

PUB 55 will help in selecting the correct

code. Sometimes, a class code should be

used in addition to a place code to

accurately identify the place of

performance. Do not use place codes

when the first position of the class code

is X or Z.

(B) LINE B6B, STATE OR COUNTRY

CODE.

(1) For places in the United States and

outlying areas, enter the numeric State

code from FIPS PUB 55 or FIPS PUB 5,

Codes for the Identification of the

States, the District of Columbia and the

Outlying Areas of the United States and

Associated Areas.

(2) For places outside the United

States and outlying areas, enter the

alpha country code from FIPS PUB 10,

Countries, Dependencies, Areas of

Special Sovereignty, and Their Principal

Administrative Divisions.

(C) LINE B6C, CITY OR PLACE AND

STATE OR COUNTRY NAME. Enter the

name of the principal place of

performance. Do not leave Line B6C

blank.

(7) LINE B7, TYPE OBLIGATION.

Enter one of the following codes:

(i) Code 1—Obligation. Enter code 1 if

the contracting action obligates funds.

(ii) Code 2—Deobligation. Enter code

2 if the contracting action deobligates

funds.

(8) LINE B8, TOTAL DOLLARS. Enter

the net amount of funds (whole dollars

only) obligated or deobligated by the

contracting action. Do not leave Line B8

blank.

(9) LINE B9, FOREIGN MILITARY

SALE. Enter one of the following codes.

If only part of the contracting action is

a foreign military sale, separately report

the parts (see 204.670–6(c)).

(i) Code Y—Yes. Enter code Y when

the contracting action is under a foreign

military sales arrangement, or under any

other arrangement when a foreign

country or international organization is

bearing the cost of the acquisition.

(ii) Code N—No. Enter code N when

code Y does not apply.

(10) LINE B10, MULTIYEAR

CONTRACT. Enter one of the following

codes:

(i) Code Y—Yes. Enter code Y when

the contracting action is a multiyear

contract as defined at FAR 17.103. Do

not report contracts containing options

as multiyear unless the definition at

FAR 17.103 applies to the contract.

(ii) Code N—No. Enter code N when

code Y does not apply.

(11) LINE B11, TOTAL MULTIYEAR

VALUE. Enter the total estimated

multiyear contract value (in whole

dollars) only at the time of initial

obligation of multiyear funds for a new

letter contract or a new definitive

contract (Line B13A is coded 1 or 3 and

Line B13D is blank). For all other codes

on Line B13A, enter a zero on Line B11.

(12) LINE B12, PRINCIPAL PRODUCT

OR SERVICE. Line B12 has five parts.

Do not leave any parts of Line B12

blank.

(i) LINE B12A, FEDERAL SUPPLY

CLASS OR SERVICE CODE. Enter the 4-

character Federal supply class (FSC) or

service code that describes the contract

effort. To find the code, look in Section

I of the Department of Defense (DoD)

Procurement Coding Manual (MN02).

There are three categories of codes to

choose from. In some cases, use a 4-

character code from a list of 4-character

codes; in other cases, construct a code

using the instructions in the Manual. If

more than one category or code applies

to the contracting action, enter the one

that best identifies the product or

service representing the largest dollar

value.

(A) Supplies. If the contracting action

is for the purchase (not lease or rental)

of supplies, enter an FSC code on Line

B12A. FSC codes are all numeric. Look

in Section I, Part C, of the DoD

Procurement Coding Manual (MN02).

The Department of Defense Federal

Supply Classification Cataloging

Handbook (H2) may also help with the

correct 4-digit code.

(B) Services. If the contracting action

is for services (except research,

development, test, and evaluation),

construction, equipment lease or rental,

or facilities lease or rental, enter a

service code on Line B12A. Service

codes are listed in Section I, Part B, of

the DoD Procurement Coding Manual

(MN02).

39712 Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations

(C) Research, Development, Test, and

Evaluation (RDT&E). If the contracting

action is for RDT&E (as defined in FAR

35.001 and 235.001), enter an RDT&E

code on Line B12A. Look in Section I,

Part A, of the DoD Procurement Coding

Manual (MN02). All RDT&E codes

should begin with the letter ‘‘A.’’ Do not

use an RDT&E code for—

(1) Purchase, lease, or rental of

equipment, supplies, or services

separately purchased in support of

RDT&E work, even if RDT&E funds are

cited. Instead, use an FSC or Service

code under the instructions in

paragraph (b)(12)(i)(A) or (B) of this

subsection; or

(2) Orders under Federal schedule

contracts. Instead, use an FSC or Service

code under the instructions in

paragraph (b)(12)(i)(A) or (B) of this

subsection.

(ii) LINE B12B, DOD CLAIMANT

PROGRAM CODE. Enter a code that

identifies the commodity described on

Line B12E. These codes are in Section

III of the DoD Procurement Coding

Manual (MN02). If more than one code

applies to the contracting action, enter

the one that best identifies the product

or service representing the largest dollar

value. If the description on Line B12E

is for’

(A) Research and development (R&D),

enter the code that best represents the

objective of the R&D. For example, if the

objective of the R&D is a guided missile,

enter code A20. If the R&D cannot be

identified to any particular objective,

enter code S10;

(B) Ship repair, inspect and repair as

necessary (IRAN), modification of

aircraft, overhaul of engines, or similar

maintenance, repair, or modification

services, enter the code that best

identifies the program;

(C) Equipment rental (including rental

of automatic data processing

equipment), enter code S10;

(D) Utility services, enter code S10;

(E) Services that cannot be identified

to any listed program, enter code S10;

or

(F) Supplies or equipment that cannot

be identified to any listed program,

enter code C9E.

(iii) LINE B12C, PROGRAM,

SYSTEM, OR EQUIPMENT CODE.

(A) Enter a code that describes the

program, weapons system, or

equipment. These codes are in Section

II of the DoD Procurement Coding

Manual (MN02). If there is no code that

applies to the contracting action, enter

three zeros. If more than one code

applies to the action, enter the one that

best identifies the product or service

representing the largest dollar value.

(B) If the contracting action is funded

by the Ballistic Missile Defense

Organization, enter code CAA.

(C) If the contracting action supports

environmental cleanup programs, enter

one of the codes listed in Section II of

the DoD Procurement Coding Manual

(MN02) under the heading ‘‘Description

and Use of Program Codes—Environmental Cleanup Programs.’’

(D) Defense Logistics Agency

activities must use the code assigned by

the sponsoring military department.

(iv) LINE B12D, NAICS CODE. Enter

the North American Industry

Classification System (NAICS) code for

the acquisition. Use the NAICS code in

effect at the time of award. These codes

are in the 1997 U.S. NAICS Manual

(http://www.census.gov/pub/epcd/

www/naics.html). If more than one code

applies to the contracting action, enter

the code that best identifies the product

or service representing the largest dollar

value.

(v) LINE B12E, NAME OR

DESCRIPTION. Enter the name or a brief

description of the commodity or service.

If the description is classified, enter

only the word ‘‘Classified.’’ Do not use

‘‘Classified’’ when a code name (e.g.,

Minuteman, Polaris, Trident, Pershing)

or an identifying program number (e.g.,

WS–107A) can be used.

(13) LINE B13, KIND OF

CONTRACTING ACTION. Some of the

parts of Line B13 may not apply to the

action being reported. Follow

instructions for each part. When the

contracting action is a modification,

complete Lines B13A and B13D.

(i) LINE B13A, CONTRACT OR

ORDER. Enter one of the following

codes:

(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.

(1) 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:

(i) Definitive contract awards under

the Small Business Administration 8(a)

program.

(ii) Notices of award.

(iii) Lease agreements.

(iv) Indefinite-delivery-definitequantity contracts (FAR 52.216–20).

(v) Indefinite-delivery-indefinitequantity contracts (FAR 52.216–22)

when funds are obligated by the

contract itself.

(2) Code 3 excludes orders from the

Procurement List (see codes 6 and 8).

(C) Code 4—Order under an

Agreement. Enter code 4 when the

contracting action is an order or

definitization of an order under an

agreement 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

agreement associated with a Federal

schedule (see 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 on

Line B13A.

(D) Code 5—Order under IndefiniteDelivery Contract. Enter code 5 when

the contracting action is an order,

including a task or delivery order, under

an indefinite-delivery contract awarded

by a Federal agency. For example, enter

code 5 for an order under a GSA

indefinite-delivery contract, such as a

GSA area-wide contract for utility

services, that is not a Federal schedule.

When the contracting action is a

modification to an order described in

code 5 instructions, enter code 5 on

Line B13A.

(E) Code 6—Order or 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 or call described in code 6

instructions, enter code 6 on Line B13A.

(F) Code 8—Order from Procurement

List. Enter code 8 if the contracting

action is an action placed with Federal

Prison Industries (UNICOR) or a JWOD

Participating Nonprofit Agency in

accordance with FAR subpart 8.6 or 8.7.

Use code 6 for orders from the

Procurement List under Federal

schedules. When the contracting action

is a modification to an action described

in code 8 instructions, enter code 8 on

Line B13A.

(G) Code 9—Purchase Order or 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 or call described in code

Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations 39713

9 instructions, enter code 9 on Line

B13A.

(ii) LINE B13B, TYPE OF

INDEFINITE-DELIVERY CONTRACT. If

Line B13A is coded 3 and the ninth

position of B1A is coded D, complete

Line B13B. If Line B13A is coded 5,

complete Line B13B. Otherwise, leave

Line B13B blank.

(A) Code A—Requirements Contract

(FAR 52.216–21).

(B) Code B—Indefinite-Quantity

Contract (FAR 52.216–22).

(C) Code C—Definite-Quantity

Contract (FAR 52.216–20).

(iii) LINE B13C, MULTIPLE OR

SINGLE AWARD INDEFINITEDELIVERY CONTRACT. If Line B13B is

coded A, B, or C, complete Line B13C.

Otherwise, leave Line B13C blank.

(A) Code M—Multiple Award. Enter

code M if the contracting action is a task

or delivery order under a multiple

award indefinite-delivery contract.

(B) Code S—Single Award. Enter code

S if the contracting action is a task or

delivery order under a single award

indefinite-delivery contract.

(iv) LINE B13D, MODIFICATION. If

the contracting action is a modification,

enter one of the following codes.

Otherwise, leave Line B13D blank.

(A) Code A—Additional Work (new

agreement). Enter code A when the

contracting action is a bilateral

supplemental agreement that obligates

funds for additional work requiring a

justification and approval (J&A).

(B) Code B—Additional Work (other).

Enter code B when the contracting

action is a modification of an existing

contract (including a letter contract) that

is not covered by code A or by codes C

through H (see code H for exercise of an

option). Code B includes actions that—

(1) Initiate an incremental yearly buy

under a multiyear contract;

(2) Amend a letter or other contract to

add work that does not require a J&A;

or

(3) Order under a priced exhibit or

production list.

(C) Code C—Funding Action. Enter

code C when the contracting action is a

modification (to a letter or other

contract) for the sole purpose of

obligating or deobligating funds. This

includes—

(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.

(D) Code D—Change Order. Enter

code D if the contracting action is a

change order issued under the

‘‘Changes,’’ ‘‘Differing Site Conditions,’’

or similar clauses in existing contracts.

(E) Code E—Termination for Default.

Enter code E if the contracting action is

a modification that terminates all or part

of the contract for default.

(F) Code F—Termination for

Convenience. Enter code F if the

contracting action is a modification that

terminates all or part of the contract for

convenience.

(G) Code G—Cancellation. Enter code

G if the contracting action is a

modification that cancels the contract.

Do not use code G to cancel a prior DD

Form 350 (see Line A1).

(H) Code H—Exercise of an Option.

Enter code H if the contracting action is

an exercise of an option.

(I) Code J—Definitization of a Letter

Contract. Enter code J if the contracting

action is the definitization of a letter

contract, and enter code 3 on Line

B13A.

(14) LINE B14, CICA

APPLICABILITY. Enter one of the

following codes:

(i) Code A—Pre-CICA. Enter code A if

the action resulted from a solicitation

issued before April 1, 1985.

Modifications within the original scope

of work of such awards and orders

under pre-CICA indefinite-delivery type

contracts also are coded A.

(ii) Code B—CICA Applicable. Enter

code B if—

(A) The action resulted from a

solicitation issued on or after April 1,

1985, or is a modification coded A on

Line B13D issued on or after April 1,

1985; and

(B) Neither code C nor code D applies.

(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 Acquisition

Procedures Pursuant to FAR Subpart

13.5. Enter code D if the action resulted

from use of the procedures in FAR

subpart 13.5.

(c) Part C of the DD Form 350.

(1) Part C gathers data concerning

contracting procedures, use of

competition, financing, and statutory

requirements other than socioeconomic

(which are in Part D).

(2) Do not complete Part C if the

contracting action is an action with a

government agency, i.e., Line B5B

(Government Agency) is coded Y (Yes).

If Line B13A is coded 6, do not

complete any lines in Part C except Line

C3, and Lines C13A and C13B when

they apply.

(3) In completing Part C, use codes

that describe either the current

contracting action or the original

contract, depending on the codes

reported on Lines B13A and B13D.

(i)(A) If Line B13A is coded 1, 3, 4,

6, or 9 and Line B13D is coded A or is

blank, code the lines in Part C to

describe the current action.

(B) If Line B13A is coded 5 and the

current action is an order under a

multiple award contract (Line B13C is

coded M), code Lines C6 and C7 to

describe the order and code the rest of

Part C to describe the original contract.

(C) Otherwise, code the lines in Part

C to describe the original contract.

(ii) If there are no codes for the

original contract because a DD Form 350

was not required at the time, the

original action is no longer available,

the definition of the original code has

changed, or a data element has been

added to the system after the original

contract report, use codes that best

describe the original contracting action.

(4) Complete Part C as follows:

(i) LINE C1, SYNOPSIS. Enter one of

the following codes:

(A) Code A—Synopsis Only. Enter

code A if only a synopsis of the

proposed action was prepared and

transmitted to the Commerce Business

Daily in accordance with FAR subpart

5.2.

(B) Code B—Combined Synopsis/

Solicitation. Enter code B if a combined

synopsis/solicitation of the proposed

action was prepared and transmitted to

the Commerce Business Daily in

accordance with FAR subpart 5.2 and

12.603.

(C) Code N—Not Synopsized. Enter

code N if a synopsis was not prepared.

(ii) LINE C2, REASON NOT

SYNOPSIZED. Enter one of the

following codes if Line C1 is coded N.

Otherwise, leave Line C2 blank.

(A) Code A—Urgency. Enter code A if

the action was not synopsized due to

urgency (see FAR 6.302–2).

(B) Code B—Single, Governmentwide

Point of Entry. Enter code B if the action

was not synopsized because the

acquisition was made through FACNET

or another means that provided access

to the notice of proposed action through

the single, Governmentwide point of

entry (see FAR 5.202(a)(13)).

(C) Code Z—Other Reason. Enter code

Z if the action was not synopsized due

to some other reason.

(iii) LINE C3, EXTENT COMPETED.

Enter one of the following codes:

(A) Code A—Competed Action. Enter

code A when—

(1) The contracting action is an action

under a Federal schedule contract (Line

B13A is coded 6);

39714 Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations

(2) Competitive procedures were used

to fulfill the requirement for full and

open competition (see FAR Subpart 6.1);

(3) Full and open competition

procedures after exclusion of sources

were used in order to establish or

maintain alternative sources, to set aside

an acquisition for small business or

HUBZone small business, or to compete

Section 8(a) awards (see FAR subpart

6.2);

(4) Statutory authorities for other than

full and open competition were used

(see FAR subpart 6.3) and more than

one offer was received (if only one offer

was received, use code D);

(5) The contracting action resulted

from a contract awarded prior to the

Competition in Contracting Act that

used two-step sealed bidding or other

sealed bidding, or that was negotiated

competitively; or

(6) Simplified acquisition procedures

were used and competition was

obtained.

(B) Code B—Not Available for

Competition. Enter code B for—

(1) Awards for utilities or utility

systems, excluding long distance

telecommunications services, when

only one supplier can furnish the

service (see FAR 6.302–1(b)(3));

(2) Brand name commercial products

for authorized resale;

(3) Acquisitions authorized or

required by statute to be awarded to a

specific source pursuant to FAR 6.302–

5(b)(2) or (4), e.g., qualified nonprofit

agencies employing people who are

blind or severely disabled (see FAR

subpart 8.7) or 8(a) program (see FAR

subpart 19.8);

(4) International agreements and

Foreign Military Sales when the

acquisition is to be reimbursed by a

foreign country that requires that the

product or services be obtained from a

particular firm as specified in official

written direction such as a Letter of

Offer and Acceptance; and

(5) Other contract actions when the

Director of Defense Procurement has

determined that there is no opportunity

for competition.

Note: Even though Part C is not completed

for actions with a government agency, the

database will automatically include these

actions in the category of not available for

competition.

(C)Code C—Follow-On to Competed

Action. Enter code C when the action

pertains to an acquisition placed with a

particular contractor to continue or

augment a specific competed program, if

such placement was necessitated by

prior acquisition decisions.

(D) Code D—Not Competed. Enter

code D when codes A, B, and C do not

apply.

(iv) LINE C4, SEA

TRANSPORTATION. Enter one of the

following codes when Line B1B is

coded A, Line B5B is coded N, and Line

B13A is coded other than 9. Otherwise,

leave Line C4 blank.

(A) Code Y—Yes—Positive Response

to DFARS 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.

(B) Code N—No—Negative Response

to DFARS 252.247–7022 or 252.212–

7000(c)(2). Enter code N when the

contractor’s response to the provision at

252.247–7022 or 252.212–7000(c)(2)

indicates that the contractor anticipates

that none of the supplies being provided

will be transported by sea.

(C) Code U—Unknown—No Response

or Provision Not Included in

Solicitation. Enter code U when the

contractor did not complete the

representation at 252.247–7022 or

252.212–7000(c)(2) or the solicitation

did not include either provision.

(v) LINE C5, TYPE OF CONTRACT.

(A) If the action is a letter contract,

including modifications and

amendments to letter contracts, enter

the code that describes the anticipated

type of contract the letter contract will

become when it is definitized.

(B) If there is more than one type of

contract involved in the contracting

action, enter the code that matches the

type with the most dollars. If the type

with the least dollars exceeds $500,000,

fill out separate DD Forms 350 (with

different report numbers) for each type.

(C) Enter one of the following codes:

(1) Code A—Fixed-Price

Redetermination.

(2) Code J—Firm-Fixed-Price.

(3) Code K—Fixed-Price Economic

Price Adjustment.

(4) Code L—Fixed-Price Incentive.

(5) Code M—Fixed-Price-Award-Fee.

(6) Code R—Cost-Plus-Award-Fee.

(7) Code S—Cost Contract.

(8) Code T—Cost-Sharing.

(9) Code U—Cost-Plus-Fixed-Fee.

(10) Code V—Cost-Plus-Incentive-Fee.

(11) Code Y—Time-and-Materials.

(12) Code Z—Labor-Hour.

(vi) LINE C6, NUMBER OF

OFFERORS SOLICITED.

(A) Leave Line C6 blank if—

(1) The original contract resulted from

a solicitation issued before April 1, 1985

(i.e., before the effective date of the

Competition in Contracting Act);

(2) Line B1B is coded B or C and Line

B13A is coded 5; or

(3) Line B13A is coded 6.

(B) Otherwise, enter—

(1) Code 1—One. Enter code 1 if only

one offeror was solicited; or

(2) Code 2—More than One. Enter

code 2 if more than one offeror was

solicited.

(vii) LINE C7, NUMBER OF OFFERS

RECEIVED.

(A) Leave Line C7 blank if’

(1) The original contract resulted from

a solicitation issued before April 1, 1985

(i.e., before the effective date of the

Competition in Contracting Act); or

(2) Line B13A is coded 6, Order or

Call under Federal Schedule.

(B) Otherwise, enter the specific

number of offers received (001–999).

(viii) LINE C8, SOLICITATION

PROCEDURES.

(A) Leave Line C8 blank if—

(1) The original contract resulted from

a solicitation issued before April 1, 1985

(i.e., before the effective date of the

Competition in Contracting Act);

(2) The action is pursuant to

simplified acquisition procedures (Line

B13A is coded 9); or

(3) The action is an order or call

under a Federal schedule (Line B13A is

coded 6).

(B) Otherwise, enter one of the

following codes:

(1) Code A—Full and Open

Competition—Sealed Bid. Enter code A

if the action resulted from an award

pursuant to FAR 6.102(a).

(2) Code B—Full and Open

Competition—Competitive Proposal.

Enter code B if the action resulted from

an award pursuant to FAR 6.102(b).

(3) Code C—Full and Open

Competition—Combination. Enter code

C if the action resulted from an award

using a combination of competitive

procedures (e.g., two-step sealed

bidding) pursuant to FAR 6.102(c).

(4) Code D—Architect—Engineer.

Enter code D if the action resulted from

selection of sources for architectengineer 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—Alternative Sources.

Enter code G if the action resulted from

use of competitive procedures but

excluded a particular source pursuant to

FAR 6.202(a).

(8) Code K—Set-Aside. Enter code K

if the action resulted from any—

(i) Set-aside for small business

concerns (see FAR Subpart 19.5),

Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations 39715

including small business innovation

research (SBIR) actions;

(ii) Set-aside for small disadvantaged

business concerns;

(iii) Set-aside for HUBZone small

business concerns (see FAR 19.1305);

(iv) Set-aside for very small business

concerns (see FAR 19.904);

(v) Set-aside (including portions of

broad agency announcements) for

historically black colleges and

universities or minority institutions (see

226.7003 and 235.016);

(vi) Set-aside for emerging small

business concerns (see FAR 19.1006(c));

or

(vii) Competition among Section 8(a)

firms under FAR 19.805 (report

noncompetitive 8(a) awards as code N).

(9) Code N—Other than Full and

Open Competition. Enter code N if the

action resulted from use of other than

full and open competition pursuant to

FAR subpart 6.3. This includes awards

to qualified nonprofit agencies

employing people who are blind or

severely disabled (see FAR subpart 8.7)

or noncompetitive awards to the Small

Business Administration under Section

8(a) of the Small Business Act (see FAR

6.302–5(b)).

(ix) LINE C9, AUTHORITY FOR

OTHER THAN FULL AND OPEN

COMPETITION.

(A) Leave Line C9 blank if the original

contract resulted from a solicitation

issued before April 1, 1985 (i.e., before

the effective date of the Competition in

Contracting Act).

(B) Enter one of the following codes

if Line C8 is coded N. Otherwise, leave

Line C9 blank.

(1) Code 1A—Unique Source. Enter

code 1A if the action was justified

pursuant to FAR 6.302–1(b)(1).

(2) Code 1B—Follow-On Contract.

Enter code 1B if the action was justified

pursuant to FAR 6.302–1(a)(2)(ii) or (iii).

(3) Code 1C—Unsolicited Research

Proposal. Enter code 1C if the action

was justified pursuant to FAR 6.302–

1(a)(2)(i).

(4) Code 1D ‘‘ Patent or Data Rights.

Enter code 1D if the action was justified

pursuant to FAR 6.302–1(b)(2).

(5) Code 1E—Utilities. Enter code 1E

if the action was justified pursuant to

FAR 6.302–1(b)(3).

(6) Code 1F—Standardization. Enter

code 1F if the action was justified

pursuant to FAR 6.302–1(b)(4).

(7) Code 1G—Only One Source—

Other. Enter code 1G if the action was

justified pursuant to FAR 6.302–1 in a

situation other than the examples cited

in codes 1A through 1F.

(8) Code 2A—Urgency. Enter code 2A

if the action was justified pursuant to

FAR 6.302–2.

(9) Code 3A—Particular Sources.

Enter code 3A if the action was justified

pursuant to FAR 6.302–3(a)(2).

(10) Code 4A—International

Agreement. Enter code 4A if the action

was justified pursuant to FAR 6.302–4.

(11) Code 5A—Authorized by Statute.

Enter code 5A if the action was justified

pursuant to FAR 6.302–5(a)(2)(i).

(12) Code 5B—Authorized Resale.

Enter code 5B if the action was justified

pursuant to FAR 6.302–5(a)(2)(ii).

(13) Code 6A—National Security.

Enter code 6A if the action was justified

pursuant to FAR 6.302–6.

(14) Code 7A—Public Interest. Enter

code 7A if the action was taken

pursuant to FAR 6.302–7.

(x) LINE C10, SUBJECT TO LABOR

STANDARDS STATUTES. Enter one of

the following codes. When Line B13A is

coded 6, leave Line C10 blank.

(A) Code A—Walsh-Healey Act. Enter

code A when the contracting action is

subject to the provisions of FAR subpart

22.6.

(B) Code C—Service Contract Act.

Enter code C when the contracting

action is subject to the provisions of the

Service Contract Act (see FAR part 37).

(C) Code D—Davis-Bacon Act. Enter

code D when the contracting action is

subject to the Davis-Bacon Act (see FAR

22.403–1).

(D) Code Z—Not Applicable. Enter

code Z when codes A, C, and D do not

apply.

(xi) LINE C11, COST OR PRICING

DATA. Enter one of the following codes

when Line B1B is coded A. Otherwise,

leave Line C11 blank.

(A) Code Y—Yes—Obtained. Enter

code Y when cost or pricing data were

obtained (see FAR 15.403–4) and

certified in accordance with FAR

15.406–2.

(B) Code N—No—Not Obtained. Enter

code N when neither code Y nor code

W applies.

(C) Code W—Not Obtained—Waived.

Enter code W when cost or pricing data

were not obtained because the head of

the contracting activity waived the

requirement (see FAR 15.403–1(c)(4)).

(xii) LINE C12, CONTRACT

FINANCING. Enter one of the following

codes identifying whether or not

progress payments, advance payments,

or other financing methods were used.

(A) Code A—FAR 52.232–16. Enter

code A if the contract contains the

clause at FAR 52.232–16, Progress

Payments.

(B) Code C—Percentage of Completion

Progress Payments. Enter code C if the

contract provides for progress payments

based on percentage or stage of

completion, which is only permitted on

contracts for construction, for

shipbuilding, or for ship conversion,

alteration, or repair (see 232.102(e)(2)).

(C) Code D—Unusual Progress

Payments or Advance Payments. Enter

code D if the contract provides unusual

progress payments or advance payments

(see FAR subpart 32.4 and 32.501–2).

(D) Code E—Commercial Financing.

Enter code E if the contract provides for

commercial financing payments (see

FAR subpart 32.2).

(E) Code F—Performance-Based

Financing. Enter code F if the contract

provides for performance-based

financing payments (see FAR subpart

32.10).

(F) Code Z—Not Applicable. Enter

code Z when codes A through F do not

apply.

(xiii) LINE C13, FOREIGN TRADE

DATA.

(A) The term ‘‘United States (U.S.),’’

as used on Line C13, excludes the Trust

Territory of Palau (see 204.670–1 for

definition of United States and outlying

areas).

(B) LINE C13A, PLACE OF

MANUFACTURE. Complete Line C13A

only if the contracting action is for a

foreign end product or a service

provided by a foreign concern.

Otherwise, leave Line C13A blank.

(1) Code A—U.S. Enter code A if the

contracting action is for—

(i) A foreign end product that is

manufactured in the United States but

still determined to be foreign because 50

percent or more of the cost of its

components is not mined, produced, or

manufactured inside the United States

or inside qualifying countries; or

(ii) Services performed in the United

States by a foreign concern.

(2) Code B—Foreign. Enter code B if

the contracting action is for—

(i) Any other foreign end product; or

(ii) Services performed outside the

United States by a foreign concern.

(C) LINE C13B, COUNTRY OF

ORIGIN CODE.

(1) Complete Line C13B only if Line

C13A is coded A or B. Otherwise, leave

Line C13B blank.

(2) Enter the code from FIPS PUB 10,

Countries, Dependencies, Areas of

Special Sovereignty, and Their Principal

Administrative Divisions, that identifies

the country where the foreign product is

coming from or where the foreign

company providing the services is

located. If more than one foreign

country is involved, enter the code of

the foreign country with the largest

dollar value of work under the contract.

(xiv) LINE C14, COMMERCIAL

ITEMS. Enter one of the following

codes:

(A) Code Y—Yes—FAR 52.212–4

Included. Enter code Y if the contract

39716 Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations

contains the clause at FAR 52.212–4,

Contract Terms and Conditions—

Commercial Items.

(B) Code N—No—FAR 52.212–4 Not

Included. Enter code N if code Y does

not apply.

(d) Part D of the DD Form 350.

(1) Do NOT complete Part D if the

contracting action is—

(i) With a government agency, i.e.,

Line B5B is coded Y; or

(ii) An order or call under a Federal

schedule.

(2) Use the codes on Lines B13A and

B13D to determine whether the codes in

Part D will describe the current

contracting action or the original

contract.

(i) Code Part D to describe the current

contracting action when—

(A) Line B13A is coded 1, 3, 4, or 9

and Line B13D is coded A or is blank;

or

(B) Line B5B is coded N, Line B13A

is coded 8, and Line B13D is coded A

or is blank.

(ii) Otherwise, code Part D to describe

the original contract. If there are no

codes for the original contract because

a DD Form 350 was not required at the

time, the original action is no longer

available, the definition of the original

code has changed, or a data element has

been added to the system after the

original contract report, use codes that

best describe the original contracting

action.

(3) Determine the status of the

concern (e.g., size and ownership) in

accordance with FAR part 19 and

DFARS part 219.

(4) Complete Part D as follows:

(i) LINE D1, TYPE OF CONTRACTOR.

(A) LINE D1A, TYPE OF ENTITY.

Enter one of the following codes:

(1) Code A—Small Disadvantaged

Business (SDB) Performing in U.S. Enter

code A if the contractor is a small

disadvantaged business concern as

defined in 219.001 and the place of

performance is within the United States

and outlying areas.

(2) Code B—Other Small Business

(SB) Performing in U.S. Enter code B if

the contractor is a small business

concern as defined in FAR 19.001, other

than a small disadvantaged business

concern, and the place of performance

is within the United States and outlying

areas.

(3) Code C—Large Business

Performing in U.S. Enter code C if the

contractor is a domestic large business

concern and the place of performance is

within the United States and outlying

areas.

(4) Code D—JWOD Participating

Nonprofit Agency. Enter code D if the

contractor is a qualified nonprofit

agency employing people who are blind

or severely disabled (see FAR 8.701) and

the place of performance is within the

United States and outlying areas.

(5) Code F—Hospital. Enter code F if

the contractor is a hospital and the place

of performance is within the United

States and outlying areas.

(6) Code L—Foreign Concern or

Entity. Enter code L if the contractor is

a foreign concern, the Canadian

Commercial Corporation, or a non-U.S.-

chartered nonprofit institution.

(7) Code M—Domestic Firm

Performing Outside U.S. Enter code M if

the contractor is a domestic concern or

a domestic nonprofit institution and the

place of performance is outside the

United States and outlying areas.

(8) Code T—Historically Black College

or University (HBCU). Enter code T if

the contractor is an HBCU as defined at

252.226–7000 and the place of

performance is within the United States

and outlying areas.

(9) Code U—Minority Institution (MI).

Enter code U if the contractor is an MI

as defined at 252.226–7000 and the

place of performance is within the

United States and outlying areas.

(10) Code V—Other Educational.

Enter code V if the contractor is an

educational institution that does not

qualify as an HBCU or MI and the place

of performance is within the United

States and outlying areas.

(11) Code Z—Other Nonprofit. Enter

code Z if the contractor is a nonprofit

organization (as defined in FAR 31.701)

that does not meet any of the criteria in

codes D, F, T, U, or V and the place of

performance is within the United States

and outlying areas.

(B) LINE D1B, WOMEN-OWNED

BUSINESS. Enter one of the following

codes:

(1) Code Y—Yes. Enter code Y if the

contractor’s response to FAR 52.204–5,

52.212–3(c), or 52.219–1(b) indicates

that it is a women-owned business.

(2) 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.

(3) Code U—Uncertified. Enter code U

if the information is not available

because the contractor did not complete

the representation in FAR 52.204–5,

52.212–3(c), or 52.219–1(b).

(C) LINE D1C, HUBZONE

REPRESENTATION. Enter one of the

following codes when Line D1A is

coded A or B. Otherwise, leave Line

D1C blank.

(1) Code Y—Yes. Enter code Y if the

contractor represented that it is a

HUBZone small business concern (see

FAR 19.1303).

(2) Code N—No. Enter code N if code

Y does not apply.

(D) LINE D1D, ETHNIC GROUP.

(1) Complete Line D1D if the action is

with a small disadvantaged business.

Otherwise, leave Line D1D blank.

(2) Enter the code from the following

list that corresponds to the ethnic group

that the contractor marked in the

solicitation provision at FAR 52.219–1,

Small Business Program

Representations, or FAR 52.212–3(c).

(i) Code A—Asian–Indian American.

(ii) Code B—Asian–Pacific American.

(iii) Code C—Black American.

(iv) Code D—Hispanic American.

(v) Code E—Native American.

(vi) Code F—Other SDB Certified or

Determined by SBA.

(vii) Code Z—No Representation.

(E) LINE D1E, VETERAN-OWNED

SMALL BUSINESS. Enter one of the

following codes if the contractor is a

veteran-owned small business.

Otherwise, leave Line D1E blank.

(1) Code A—Service-Disabled

Veteran. Enter code A if the contractor

represented that it is a service-disabled

veteran-owned small business.

(2) Code B—Other Veteran. Enter

code B if the contractor represented that

it is a veteran-owned small business,

other than a service-disabled veteranowned small business.

(ii) LINE D2, REASON NOT

AWARDED TO SDB. Enter one of the

following codes when Line D1A is

coded B or C. Otherwise, leave Line D2

blank.

(A) Code A—No Known SDB Source.

(B) Code B—SDB Not Solicited. Enter

code B when there was a known SDB

source, but it was not solicited.

(C) Code C—SDB Solicited and No

Offer Received. Enter code C when an

SDB was solicited but it did not submit

an offer, or its offer was not sufficient

to cover the total quantity requirement

so it received a separate award for the

quantity offered.

(D) Code D—SDB Solicited and Offer

Was Not Low. Enter code D when an

SDB offer was not the low or most

advantageous offer or an SDB was not

willing to accept award of a partial

small business set-aside portion of an

action at the price offered by the

Government.

(E) Code Z—Other Reason. Enter code

Z when an SDB did not receive the

award for any other reason or when Line

B1B is coded B or C and Line B13A is

coded 5.

(iii) LINE D3, REASON NOT

AWARDED TO SB. Enter one of the

following codes when Line D1A is

coded C. Otherwise, leave Line D3

blank. (The term ‘‘small business’’

includes all categories of small

businesses.)

Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations 39717

(A) Code A—No Known SB Source.

(B) Code B—SB Not Solicited. Enter

code B when there was a known small

business source, but it was not solicited.

(C) Code C—SB Solicited and No

Offer Received. Enter code C when a

small business concern was solicited

but it did not submit an offer, or its offer

was not sufficient to cover the total

quantity requirement so it received a

separate award for the quantity offered.

(D) Code D—SB Solicited and Offer

Was Not Low. Enter code D when a

small business offer was not the low or

most advantageous offer or a small

business concern was not willing to

accept award of a set-aside portion of an

action at the price offered by the

Government.

(E) Code Z—Other Reason. Enter code

Z when a small business did not receive

the award for any other reason or when

Line B1B is coded B or C and Line B13A

is coded 5.

(iv) LINE D4, SET-ASIDE OR

PREFERENCE PROGRAM.

(A) LINE D4A, TYPE OF SET-ASIDE.

Enter one of the following codes:

(1) Code A—None. Enter code A if

there was no set-aside (i.e., codes B

through L do not apply).

(2) Code B—Total SB Set-Aside. Enter

code B if the action was a total set-aside

for small business (see FAR 19.502–2),

including actions reserved exclusively

for small business concerns pursuant to

FAR 13.003(b)(1), or if the action

resulted from the Small Business

Innovation Research Program.

(3) Code C—Partial SB Set-Aside.

Enter code C if the action was a partial

set-aside for small business (see FAR

19.502–3).

(4) Code D—Section 8(a) Set-Aside or

Sole Source. Enter code D if the contract

was awarded to—

(i) The Small Business Administration

under Section 8(a) of the Small Business

Act (see FAR subpart 19.8); or

(ii) An 8(a) contractor under the direct

award procedures at 219.811.

(5) Code E—Total SDB Set-Aside.

Enter code E if the action was a total setaside for small disadvantaged

businesses.

(6) Code F—HBCU or MI—Total SetAside. Enter code F if the action was a

total set-aside for HBCU or MI (see

226.7003).

(7) Code G—HBCU or MI—Partial SetAside. Enter code G if the action was a

partial set-aside for HBCU or MI under

a broad agency announcement (see

235.016).

(8) Code H—Very Small Business SetAside. Enter code H if the action was a

set-aside for very small businesses (see

FAR subpart 19.9).

(9) Code J—Emerging Small Business

Set-Aside. Enter code J if the action was

an emerging small business set-aside

within a designated industry group

under the Small Business

Competitiveness Demonstration

Program (see FAR subpart 19.10).

(10) Code K—HUBZone Set-Aside or

Sole Source. Enter code K if the action

was—

(i) A set-aside for HUBZone small

business concerns (see FAR 19.1305); or

(ii) A sole source award to a HUBZone

small business concern (see FAR

19.1306).

(11) Code L—Combination HUBZone

and 8(a). Enter code L if action was a

combination HUBZone set-aside and

8(a) award.

(B) LINE D4B, TYPE OF

PREFERENCE. Enter one of the

following codes, even if Line D4A is

coded E:

(1) Code A—None. Enter code A if no

preference was given.

(2) Code B—SDB Price Evaluation

Adjustment—Unrestricted. Enter code B

if the action was unrestricted but an

SDB received an award as a result of a

price evaluation adjustment (see FAR

subpart 19.11).

(3) Code C—SDB Preferential

Consideration—Partial SB Set-Aside.

Enter code C if the action was a partial

set-aside for small business and

preferential consideration resulted in an

award to an SDB.

(4) Code D—HUBZone Price

Evaluation Preference. Enter code D if

the contractor received the award as a

result of a HUBZone price evaluation

preference (see FAR 19.1307).

(5) Code E—HUBZone Price

Evaluation Preference and SDB Price

Evaluation Adjustment. Enter code E if

the contractor received the award as a

result of both a HUBZone price

evaluation preference and an SDB price

evaluation adjustment (see FAR

19.1307).

(C) LINE D4C, PREMIUM PERCENT.

(1) Complete Line D4C if Line B1B is

coded A, and—

(i) Line D4A is coded E, F, or G; or

(ii) Line D4B is coded B, C, D or E.

(2) Otherwise, leave Line D4C blank.

(3) Calculate the premium percentage

per 219.202–5 and enter it as a threedigit number rounded to the nearest

tenth, e.g., enter 7.55% as 076. If no

premium was paid, enter three zeros

(000).

(v) LINES D5–D6. Reserved.

(vi) LINE D7, SMALL BUSINESS

INNOVATION RESEARCH (SBIR)

PROGRAM. Enter one of the following

codes. When Line B1B is coded B or C

and Line B13A is coded 5, leave Line D7

blank.

(A) Code A—Not a SBIR Program

Phase I, II, or III. Enter code A if the

action is not in support of a Phase I, II,

or III SBIR Program.

(B) Code B—SBIR Program Phase I

Action. Enter code B if the action is

related to a Phase I contract in support

of the SBIR Program.

(C) Code C—SBIR Program Phase II

Action. Enter code C if the action is

related to a Phase II contract in support

of the SBIR Program.

(D) Code D—SBIR Program Phase III

Action. Enter code D if the action is

related to a Phase III contract in support

of the SBIR Program.

(vii) LINE D8, SUBCONTRACTING

PLAN—SB, SDB, HBCU, OR MI. Enter

one of the following codes:

(A) Code A—Plan Not Included—No

Subcontracting Possibilities. Enter code

A if a subcontracting plan was not

included in the contract because

subcontracting possibilities do not exist

(see FAR 19.705–2(c)).

(B) Code B—Plan Not Required. Enter

code B if no subcontracting plan was

required (e.g., because the action did not

meet the dollar thresholds in FAR

19.702(a)).

(C) Code C—Plan Required—Incentive

Not Included. Enter code C if the action

includes a subcontracting plan, but does

not include additional incentives (see

FAR 19.708(c)).

(D) Code D—Plan Required—

Incentive Included. Enter code D if the

action includes a subcontracting plan

and also includes additional incentives

(see FAR 19.708(c) and 219.708(c)).

(viii) LINE D9, SMALL BUSINESS

COMPETITIVENESS

DEMONSTRATION PROGRAM. When

Line B13A is coded 5 or Line B13D is

coded B, C, D, E, F, or G and the original

action was awarded before the

demonstration program began, enter

code N on Line D9. When Line B1B is

coded B or C and Line B13A is coded

5, enter code N on Line D9. Otherwise,

code Line D9 as follows:

(A) Code Y—Yes. Enter code Y if this

is an action with a U.S. business

concern, in either the four designated

industry groups or the ten targeted

industry categories under the Small

Business Competitiveness

Demonstration Program (see FAR

subpart 19.10 and DFARS subpart

219.10), where the principal place of

performance is in the United States or

outlying areas.

(B) Code N—No. Enter code N if code

Y does not apply.

(ix) LINE D10, SIZE OF SMALL

BUSINESS.

(A) Complete Line D10 only when

Line D9 is coded Y and the contractor

is a small business (Line D1A is coded

A or B). Otherwise, leave Line D10

blank.

39718 Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations

(B) Enter one of the following codes

for the size of the business (number of

employees or average annual gross

revenue) as represented by the

contractor in the solicitation provision

at FAR 52.219–19, Small Business

Concern Representation for the Small

Business Competitiveness

Demonstration Program:

(1) Code A—50 or fewer employees.

(2) Code B—51–100 employees.

(3) Code C—101–250 employees.

(4) Code D—251–500 employees.

(5) Code E—501–750 employees.

(6) Code F—751–1,000 employees.

(7) Code G—Over 1,000 employees.

(8) Code M—$1,000,000 or less.

(9) Code N—$1,000,001—$2,000,000.

(10) Code P—$2,000,001—$3,500,000.

(11) Code R—$3,500,001—$5,000,000.

(12) Code S—$5,000,001—

$10,000,000.

(13) Code T—$10,000,001—

$17,000,000.

(14) Code U—Over $17,000,000.

(x) LINE D11, EMERGING SMALL

BUSINESS.

(A) Complete this line only if Line D9

is coded Y and the contracting action is

in one of the four designated industry

groups, not one of the targeted industry

categories. Otherwise, leave Line D11

blank.

(B) Enter one of the following codes:

(1) Code Y—Yes. Enter code Y if the

contractor represents in the provision at

FAR 52.219–19, Small Business

Concern Representation for the Small

Business Competitiveness

Demonstration Program, that it is an

emerging small business concern.

(2) Code N—No. Enter code N if code

Y does not apply.

(e) Part E of the DD Form 350. Part E

gathers data on specialized items that

may not become permanent reporting

elements.

(1) LINE E1, CONTINGENCY,

HUMANITARIAN, OR PEACEKEEPING

OPERATION.

(i) Enter code Y on Line E1 if the

contracting action exceeds $200,000 and

is in support of—

(A) A contingency operation as

defined in 10 U.S.C. 101(a)(13); or

(B) A humanitarian or peacekeeping

operation as defined in 10 U.S.C.

2302(8).

(ii) Otherwise, leave Line E1 blank.

(2) LINE E2, COST ACCOUNTING

STANDARDS CLAUSE. Enter code Y on

Line E2 if the contract includes a Cost

Accounting Standards clause (see FAR

part 30). Otherwise, leave Line E2 blank.

(3) LINE E3, NON-DOD REQUESTING

AGENCY CODE (FIPS 95). If making a

purchase on behalf of a non-DoD

agency, enter the four-position code

from FIPS PUB 95 that identifies the

non-DoD agency. Otherwise, leave Line

E3 blank.

(4) LINE E4, NON-DOD REQUESTING

OFFICE CODE. If making a purchase on

behalf of a non-DoD agency, enter the

non-DoD agency’s office code.

Otherwise, leave Line E4 blank.

(5) LINES E5–E7. Reserved.

(6) LINE E8, NUMBER OF

CONTRACTING ACTIONS. If

submitting a consolidated DD Form 350,

enter the number of contracting actions

included in the consolidated report (see

204.670–6(b)). Otherwise, leave Line E8

blank.

(f) Part F of the DD Form 350. Part F

identifies the reporting official.

(1) LINE F1, NAME OF

CONTRACTING OFFICER OR

REPRESENTATIVE. Enter the name

(Last, First, Middle Initial) of the

contracting officer or representative.

(2) LINE F2, SIGNATURE. The person

identified on Line F1 must sign.

(3) LINE F3, TELEPHONE NUMBER.

Enter the telephone number (with area

code) for the individual on Line F1.

Installations with Defense Switched

Network (DSN) must enter the DSN

number.

(4) LINE F4, DATE. Enter the date that

the DD Form 350 Report is submitted.

Enter four digits for the year, two digits

for the month, and two digits for the

day. Use 01 through 12 for January

through December. For example, enter

January 2, 2003, as 20030102.

253.204–71 DD Form 1057, Monthly

Summary of Contracting Actions.

(a) Scope of subsection. Policy on use

of a DD Form 1057 is in 204.670. This

subsection contains instructions on

completion of the DD Form 1057.

(1) Report actions in the month they

are awarded, issued, executed, or

placed, except—

(i) When the price of an order or call

cannot be determined when it is placed,

count the action and its dollars when it

is paid.

(ii) Count the following actions when

the voucher is paid (count each voucher

as one action):

(A) Meals and lodging.

(B) Automatic deliveries, e.g., bread,

milk, and ice cream.

(iii) The Navy Facilities Engineering

Command will report vouchers it

processes on Naval shore establishment

contracts for electricity and gas in

accordance with departmental

procedures.

(2) Enter all dollar amounts in whole

dollars only. Do not enter cents. If the

net amount is a decrease, enter a minus

sign (¥) immediately preceding the

amount to indicate a credit entry. Do not

enter parentheses.

(3) Report actions of $25,000 or less

in support of a contingency operation as

defined in 10 U.S.C. 101(a)(13), or a

humanitarian or peacekeeping operation

as defined in 10 U.S.C. 2302(8), in

accordance with the instructions in

paragraphs (c) through (j) of this

subsection. Report actions exceeding

$25,000 but not exceeding $200,000 in

support of a contingency operation, or a

humanitarian or peacekeeping

operation, on the monthly DD Form

1057 as follows:

(i) Section B; the applicable lines are

5 through 5e and 8 through 8e.

(ii) Section C; the applicable lines are

1 and 1c, 2 and 2c, and 3 and 3c.

(iii) Sections D, E, and F are not

applicable.

(iv) Section G; complete fully.

(b) Definitions. For purposes of this

subsection’ ‘‘All Other Orders’’ means

orders, and modifications of such

orders, under basic ordering agreements

or indefinite-delivery contracts.

GSA Schedule Orders means only

orders or calls, and modifications of

such orders or calls, under Federal

schedules awarded by GSA.

Other Contracting Actions means all

actions that do not meet the definitions,

in this paragraph (b), of an order.

Other Federal Schedule Orders means

only orders, and modifications of such

orders, under Federal schedules

awarded by an agency other than GSA,

e.g., awarded by VA or OPM.

Simplified Acquisition Procedures

means purchase orders, calls under

blanket purchase agreements (BPAs)

(except BPAs written under Federal

schedules), and modifications to those

actions.

(c) Section A, General Information.

(1) LINE A1, REPORT FOR MONTH

ENDING. Enter the last day of the month

in which the report is submitted. Enter

four digits for the year, two digits for the

month, and two digits for the day. Use

01 through 12 for January through

December. For example, enter January

31, 2003, as 20030131.

(2) LINE A2, NAME OF

CONTRACTING OFFICE. Enter

sufficient detail to establish the identity

of the contracting office submitting the

report on Lines 2a and b.

(3) LINE A3, CONTRACTING OFFICE

CODES.

(i) LINE A3A, REPORTING AGENCY

FIPS 95 CODE. Enter the four-position

code from Federal Information

Processing Standards Publication (FIPS

PUB) 95, Codes for the Identification of

Federal and Federally Assisted

Organizations, that identifies the

reporting agency.

(ii) LINE A3B, CONTRACTING

OFFICE CODE. Enter the code assigned

Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations 39719

by the departmental data collection

point in 204.670–1(c).

(d) Section B, Contracting Actions.

(1) LINE B1, TARIFF OR

REGULATED ACQUISITIONS. Enter the

number and dollar value of contracting

actions (including modifications that

will also be reported on Line B9) with

tariff or regulated industries (industries

with sole source and service rates that

are fixed or adjusted by a Federal, State,

or other public regulatory body).

(2) LINE B2, FOREIGN OR

INTERAGENCY.

(i) Enter the total number and dollar

value of contracting actions (including

modifications that will also be reported

on Line B9)—

(A) For foreign military sales (FMS) or

other arrangement where the foreign

government or international

organization is paying all or part of the

cost of the action.

(B) Placed directly with foreign

governments under the terms of an

international agreement, e.g., base

maintenance performed with the foreign

government acting as the contractor (any

other actions directly with foreign

governments go on Line B5).

(C) With another Federal agency or

Government corporation, e.g., Federal

Prison Industries (UNICOR).

(ii) Enter the subtotals for the number

and dollar value of contracting actions

(including modifications that will also

be reported on Line B9) for—

(A) Line B2a, FMS or International

Agreements. Enter subtotals for

paragraphs (d)(2)(i)(A) and (B) of this

subsection.

(B) Line B2b, Actions with UNICOR.

Enter subtotal for contracting actions

with UNICOR.

(C) Line B2c, Actions with Other

Government Agencies. Enter subtotal for

actions with government agencies other

than UNICOR.

(3) LINE B3, SMALL BUSINESS.

(i) Enter the total number and dollar

value of contracting actions (including

modifications that will also be reported

on Line B9) where the—

(A) Contractor is a small business

concern; and

(B) Place of performance is in the

United States and outlying areas (see

204.670–1).

(ii) Enter the subtotals for the number

and dollar value of contracting actions

(including modifications that will also

be reported on Line B9) for—

(A) Line B3a, Simplified Acquisition

Procedures;

(B) Line B3b, GSA Schedule Orders;

(C) Line B3c, Other Federal Schedule

Orders;

(D) Line B3d, All Other Orders; and

(E) Line B3e, Other Contracting

Actions.

(4) LINE B4, LARGE BUSINESS.

(i) Enter the total number and dollar

value of contracting actions (including

modifications that will also be reported

on Line B9) where the—

(A) Contractor is a large business

concern; and

(B) Place of performance is in the

United States and outlying areas.

(ii) Enter the subtotals for the number

and dollar value of contracting actions

(including modifications that will also

be reported on Line B9) for—

(A) Line B4a, Simplified Acquisition

Procedures;

(B) Line B4b, GSA Schedule Orders;

(C) Line B4c, Other Federal Schedule

Orders;

(D) Line B4d, All Other Orders; and

(E) Line B4e, Other Contracting

Actions.

(5) LINE B5, DOMESTIC OR

FOREIGN ENTITIES PERFORMING

OUTSIDE THE UNITED STATES.

(i) Enter the total number and dollar

value of contracting actions (including

modifications that will also be reported

on Line B9) where the place of

performance is outside the United States

and outlying areas (see 204.670–1(c)).

This includes actions placed directly

with a foreign government that are not

under international agreements (see

paragraph (d)(2)(i)(B) of this subsection).

It does not matter whether the

contractor is domestic or foreign.

(ii) Enter the subtotals for the number

and dollar value of contracting actions

(including modifications that will also

be reported on Line B9) for—

(A) Line B5a, Simplified Acquisition

Procedures;

(B) Line B5b, GSA Schedule Orders;

(C) Line B5c, Other Federal Schedule

Orders;

(D) Line B5d, All Other Orders; and

(E) Line B5e, Other Contracting

Actions.

(6) LINE B6, EDUCATIONAL.

(i) Enter the total number and dollar

value of contracting actions with

educational institutions (including

modifications that will also be reported

on Line B9).

(ii) Enter the subtotals for the number

and dollar value of contracting actions

(including modifications that will also

be reported on Line B9) for—

(A) Line B6a, Simplified Acquisition

Procedures;

(B) Line B6b, GSA Schedule Orders;

(C) Line B6c, Other Federal Schedule

Orders;

(D) Line B6d, All Other Orders; and

(E) Line B6e, Other Contracting

Actions.

(7) LINE B7, NONPROFIT AND

OTHER.

(i) Enter the total number and dollar

value of contracting actions (including

modifications that will also be reported

on Line B9) with—

(A) Nonprofit organizations as defined

in FAR 31.701;

(B) Qualified nonprofit agencies

employing people who are blind or

severely disabled; and

(C) Any other entities not listed on

Lines B1 through B6.

(ii) Enter the subtotals for the number

and dollar value of contracting actions

(including modifications that will also

be reported on Line B9) for—

(A) Line B7a, Simplified Acquisition

Procedures;

(B) Line B7b, GSA Schedule Orders;

(C) Line B7c, Other Federal Schedule

Orders;

(D) Line B7d, All Other Orders; and

(E) Line B7e, Other Contracting

Actions.

(8) LINE B8, TOTAL CONTRACTING

ACTIONS.

(i) Add the amounts on Lines B1

through B7 and enter the totals on Line

B8.

(ii) If directed by data collection point

procedures, also enter the subtotals for

the number and dollar value of

contracting actions for—

(A) Line B8a, Simplified Acquisition

Procedures, sum of Lines 3a + 4a + 5a

+ 6a + 7a.

(B) Line B8b, GSA Schedule Orders,

sum of Lines 3b + 4b + 5b + 6b + 7b.

(C) Line B8c, Other Federal Schedule

Orders, sum of Lines 3c + 4c + 5c + 6c

+ 7c.

(D) Line B8d, All Other Orders, sum

of Lines 3d + 4d + 5d + 6d + 7d.

(E) Line B8e, Other Contracting

Actions, sum of Lines 3e + 4e + 5e + 6e

+ 7e.

(9) LINE B9, TOTAL

MODIFICATIONS EXCLUDING

SIMPLIFIED ACQUISITION

PROCEDURES. Enter the total number

and dollar value of modification actions,

excluding simplified acquisition

procedures.

(e) Section C, Extent Competed.

(1) LINE C1, COMPETED.

(i) Enter the total number and dollar

value of contracting actions that were

competed.

(A) Include on Line C1—

(1) Actions not subject to Competition

in Contracting Act (CICA) (see FAR

6.001) when at least two quotations or

offers were received;

(2) Actions when competitive

procedures were used to fulfill the

requirement for full and open

competition (see FAR Subpart 6.1);

(3) Actions when full and open

competition was provided for after

exclusion of sources, to establish or

maintain alternative sources or to set

aside an acquisition exceeding the

39720 Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations

micro-purchase threshold for small

business (see FAR subpart 6.2);

(4) Actions when statutory authorities

for other than full and open competition

(see FAR subpart 6.3) were used and

more than one offer was received,

except as provided in paragraphs

(e)(1)(i)(B)(2) and (3) of this subsection;

(5) Actions resulting from a contract

awarded competitively before CICA

(including two-step formal advertising);

(6) Orders, calls, and modifications

under a Federal schedule; and

(7) Section 8(a) awards competed

under FAR 6.204.

(B) Do not include—

(1) Actions that meet the criteria for

Section C, Line C2;

(2) Actions awarded under the

authority of FAR 6.302–5(b)(2) or (4),

authorized or required by statute (report

these in Section C, Line C2); or

(3) Actions reported in Section B,

Lines B1 and B2, including actions with

the Federal Prison Industries (UNICOR).

These actions are treated as not

available for competition in published

competition reports.

(ii) Enter the subtotals for the number

and dollar value of contracting actions

for—

(A) Line C1a, Small Business

Concerns;

(B) Line C1b, Large Business

Concerns;

(C) Line C1c, Domestic or Foreign

Entities Performing Outside the United

States;

(D) Line C1d, Educational; and

(E) Line C1e, Nonprofit and Other.

(2) LINE C2, NOT AVAILABLE FOR

COMPETITION.

(i) Enter the total number and dollar

value of contracting actions that were

not available for competition.

(A) Include on Line C2—

(1) Actions for brand name

commercial products for authorized

resale;

(2) Actions authorized or required by

statute to be awarded to a specific

source or through another agency in

accordance with FAR 6.302–5(b)(2) or

(4); e.g., actions with qualified nonprofit

agencies employing people who are

blind or severely disabled, and

noncompetitive 8(a) actions;

(3) Actions (including modifications)

at or below the micro-purchase

threshold at FAR 2.101; and

(4) Other contract actions when the

Director of Defense Procurement has

determined that there is no opportunity

for competition.

(B) Do not include any actions

reported in Section B, Line B1 or B2

(e.g., actions with regulated monopolies,

actions under foreign military sales or

international agreements, and actions

with another Federal agency or

Government corporation). These actions

are treated as not available for

competition in published competition

reports.

(ii) Enter the subtotals for the number

and dollar value of contracting actions

for—

(A) Line C2a, Small Business

Concerns;

(B) Line C2b, Large Business

Concerns;

(C) Line C2c, Domestic or Foreign

Entities Performing Outside the United

States;

(D) Line C2d, Educational; and

(E) Line C2e, Nonprofit and Other.

(3) LINE C3, NOT COMPETED.

(i) Enter the total number and dollar

value of contracting actions that were

not competed, i.e., any actions not

reported on Line B1 or B2. Do not

include actions reported in Section B,

Line B1 or B2. These actions are treated

as not available for competition in

published competition reports.

(ii) Enter the subtotals for the number

and dollar value of contracting actions

for—

(A) Line C3a, Small Business

Concerns;

(B) Line C3b, Large Business

Concerns;

(C) Line C3c, Domestic or Foreign

Entities Performing Outside the United

States;

(D) Line C3d, Educational; and

(E) Line C3e, Nonprofit and Other.

(f) Section D, RDT&E Actions. Do not

include actions for supplies or services

in support of research, development,

test, and evaluation (RDT&E) work that

do not require the contractor to perform

RDT&E.

(1) LINE D1, SMALL BUSINESS.

Enter the total number and dollar values

of RDT&E actions with small business

concerns.

(2) LINE D2, LARGE BUSINESS. Enter

the total number and dollar value of

RDT&E actions with large business

concerns.

(3) LINE D3, DOMESTIC OR

FOREIGN ENTITIES PERFORMING

OUTSIDE THE UNITED STATES. Enter

the total number and dollar value of

RDT&E actions where the principal

place of performance is outside the

United States and outlying areas (see

204.670–1).

(4) LINE D4, HISTORICALLY BLACK

COLLEGES AND UNIVERSITIES

(HBCU). Enter the total number and

dollar value of RDT&E actions with

HBCUs.

(5) LINE D5, MINORITY

INSTITUTIONS (MI). Enter the total

number and dollar value of RDT&E

actions with MIs.

(6) LINE D6, OTHER EDUCATIONAL.

Enter the total number and dollar value

of RDT&E actions with educational

institutions other than HBCUs or MIs.

(7) LINE D7, OTHER ENTITIES. Enter

the total number and dollar value of

RDT&E actions that were not reported

on Lines D1 through D6.

(g) Section E, Selected Socioeconomic

Statistics.

(1) LINE E1, SMALL BUSINESS (SB)

SET-ASIDE.

(i) Enter the total number and dollar

value of contracting actions that were

small business set-aside actions,

including awards to SDBs reported on

Lines E2c and E2d. Do not include

orders under Federal schedules that are

reported on Line E3 or E5.

(ii) If the action is an emerging small

business set-aside (see FAR 19.1006(c)),

use the most appropriate line.

(iii) Enter the subtotals for the number

and dollar value of contracting actions

for—

(A) Line E1a, SB Set-Aside Using

Simplified Acquisition Procedures.

Enter actions pursuant to FAR

13.003(b)(1).

(B) Line E1b, SB Set-Aside. Enter

actions pursuant to FAR 19.502.

(2) LINE E2, SMALL

DISADVANTAGED BUSINESS (SDB)

ACTIONS.

(i) Enter the total number and dollar

value of contracting actions that were

SDB actions. Do not include orders

under Federal schedules that are

reported on Line E3 or E5.

(ii) Enter the subtotals for the number

and dollar value of contracting actions

for—

(A) Line E2a, Through SBA—Section

8(a). Enter actions with the Small

Business Administration pursuant to

Section 8(a) of the Small Business Act

(see FAR subpart 19.8) or under the 8(a)

direct award procedures at 219.811.

(B) Line E2b, SDB Set-Aside, SDB

Preference, or SDB Evaluation

Adjustment. Enter actions resulting

from—

(1) A set-aside for SDB concerns;

(2) Application of an SDB price

preference or evaluation adjustment (see

FAR subpart 19.11); or

(3) SDB preferential consideration.

(C) Line E2c, SB Set-Aside Using

Simplified Acquisition Procedures.

Enter actions pursuant to FAR

13.003(b)(1) when award is to an SDB,

but a preference or evaluation

adjustment was not applied.

(D) Line E2d, SB Set-Aside. Enter

actions under FAR 19.502 when award

is to an SDB, but a preference or

evaluation adjustment was not applied

nor was preferential consideration

given.

Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations 39721

(E) Line E2e, Other. Enter awards to

SDB concerns that are not reported on

Lines E2a through E2d.

(3) LINE E3, SDB FEDERAL

SCHEDULE ORDERS. Enter the total

number and dollar value of contracting

actions that were orders under Federal

schedules with SDBs.

(4) LINE E4, WOMEN-OWNED

SMALL BUSINESS. Enter the total

number and dollar value of contracting

actions with women-owned small

businesses (see FAR 19.001). Do not

include orders under Federal schedules

that are reported on Line E5.

(5) LINE E5, WOMEN-OWNED

SMALL BUSINESS FEDERAL

SCHEDULE ORDERS. Enter the total

number and dollar value of contracting

actions that were orders under Federal

schedules with women-owned small

businesses.

(6) LINE E6, HBCU. Enter the total

number and dollar value of contracting

actions with HBCUs pursuant to subpart

226.70.

(7) LINE E7, MI. Enter the total

number and dollar value of contracting

actions with MIs pursuant to subpart

226.70.

(8) LINE E8, JWOD PARTICIPATING

NONPROFIT AGENCIES. Enter the total

number and dollar value of contracting

actions with qualified nonprofit

agencies employing people who are

blind or severely disabled for supplies

or services from the Procurement List

pursuant to FAR subpart 8.7.

(9) LINE E9, EXEMPT FROM SMALL

BUSINESS ACT REQUIREMENTS.

Enter the total number and dollar value

of contracting actions exempt from the

set-aside requirements of the Small

Business Act (see FAR 19.502–1).

(10) LINE E10, HUBZONE.

(i) Enter the total number and dollar

value of contracting actions that were

awarded to HUBZone small business

concerns.

(ii) Enter the subtotals for the number

and dollar value of contracting actions

for—

(A) Line E10a, HUBZone Set-Aside;

(B) Line E10b, HUBZone Price

Evaluation Preference;

(C) Line E10c, HUBZone Sole Source;

and

(D) Line E10d, HUBZone Concern—

Other. Use this category when the award

is to a HUBZone small business concern

and Lines E10a, E10b, and E10c do not

apply.

(11) LINE E11, SERVICE-RELATED

DISABLED VETERAN-OWNED SMALL

BUSINESS. Enter the total number and

dollar value of contracting actions that

were awarded to service-disabled

veteran-owned small business concerns.

(12) LINE E12, OTHER VETERANOWNED SMALL BUSINESS. Enter the

total number and dollar value of

contracting actions that were awarded to

veteran-owned small business concerns,

other than those reported on Line E11.

(h) Section F, Simplified Acquisition

Procedures—Ranges. Enter in each of

the dollar ranges the total number and

dollar value of contracting actions that

used simplified acquisition procedures

(FAR part 13). The total of Section F is

normally the sum of Lines B3a, B4a,

B5a, B6a, and B7a.

(i) Section G, Contingency Actions.

LINE G1, TOTAL ACTIONS.

(1) Enter the total number and dollar

value of contracting actions that were

awarded in support of a contingency

operation as defined in 10 U.S.C.

101(a)(13) or a humanitarian or

peacekeeping operation as defined in 10

U.S.C. 2302(8). The numbers entered

here are a breakout of the numbers

already entered in Sections B and C.

(2) Enter the subtotals based on the

instructions for completion of Section C

for the number and dollar value of

contracting actions for—

(i) Line G1a, Competed;

(ii) Line G1b, Not Available for

Competition; and

(iii) Line G1c, Not Competed.

(j) Section H, Remarks and

Authentication.

(1) LINE H1, REMARKS. Enter any

remarks applicable to this report.

(2) LINE H2, CONTRACTING

OFFICER.

(i) Line H2a, Name. Enter the name

(last, first, middle initial) of the

contracting officer or representative.

(ii) Line H2b, Signature. The person

identified on Line H2a must sign.

(iii) Line H2c, Telephone Number.

Enter the telephone number (with area

code) of the person identified on Line

H2a. Installations with Defense

Switched Network (DSN) must enter

their DSN number.

(3) LINE H3, DATE REPORT

SUBMITTED. Enter the date that the DD

Form 1057 is submitted. Enter four

digits for the year, two digits for the

month, and two digits for the day. Use

01 through 12 for January through

December. For example, enter January 2,

2003, as 20030102.

8. The note at the end of Part 253 is

amended by revising the entry

‘‘253.303–1057 Monthly Contracting

Summary of Actions $25,000 or Less.’’

to read ‘‘253.303–1057 Monthly

Summary of Contracting Actions.’’.

[FR Doc. 00–15819 Filed 6–26–00; 8:45 am]

BILLING CODE 5000–04–P

DEPARTMENT OF DEFENSE

48 CFR Part 215

[DFARS Case 2000–D013]

Defense Federal Acquisition

Regulation Supplement;

Uncompensated Overtime Source

Selection Factor

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 remove text pertaining to

the evaluation of uncompensated

overtime hours in proposals for service

contracts. The DFARS text duplicates

text found in the Federal Acquisition

Regulation (FAR).

EFFECTIVE DATE: June 27, 2000.

FOR FURTHER INFORMATION CONTACT: Ms.

Kathleen Fenk, Defense Acquisition

Regulations Council, OUSD

(AT&L)DP(DAR), IMD 3D139, 3062

Defense Pentagon, Washington, DC

20301–3062. Telephone (703) 602–0296;

telefax (703) 602–0350. Please cite

DFARS Case 2000–D013.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule removes the text at

DFARS 215.305(a)(1) pertaining to the

evaluation of uncompensated overtime

hours in proposals for service contracts.

The DFARS text duplicates the text

found at FAR 37.115–2(c).

This rule was not subject to Office of

Management and Budget review under

Executive Order 12866, dated

September 30, 1993.

B. Regulatory Flexibility Act

This 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, DoD will

consider comments from small entities

concerning the affected DFARS subpart

in accordance with 5 U.S.C. 610. Such

comments should cite DFARS Case

2000–D013.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the 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.