[Federal Register Volume 67, Number 134 (Friday, July 12, 2002)]
[Rules and Regulations]
[Pages 46112-46123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17524]
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DEPARTMENT OF DEFENSE
48 CFR Parts 204 and 253
[DFARS Case 2002-D010]
Defense Federal Acquisition Regulation Supplement; Reporting
Requirements Update
AGENCY: Department of Defense (DoD).
ACTION: Final rule.
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SUMMARY: DoD has issued a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to provide contract action
reporting requirements for Fiscal Year 2003. The rule makes changes to
the Individual Contracting Action Report and the corresponding
reporting instructions.
EFFECTIVE DATE: October 1, 2002.
FOR FURTHER INFORMATION CONTACT: Ms. Susan Schneider, Defense
Acquisition Regulations Council, OUSD (AT&L) DP (DAR), IMD 3C132, 3062
Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0326;
facsimile (703) 602-0350. Please cite DFARS Case 2002-D010.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule contains Fiscal Year 2003 requirements for
completion of DD Form 350, Individual Contracting Action Report. DoD
uses this form to collect statistical data on its contracting actions.
The rule includes reporting changes related to indefinite-delivery
contracts; performance-based service contracts; the SBA/OFPP pilot
program for acquisition of services from small business concerns;
purchases made using the Governmentwide purchase card; and purchases
made by a DoD agency on behalf of another DoD or non-
[[Page 46113]]
DoD agency. In addition, the rule contains editorial changes to clarify
instructions for completion of DD Form 350.
DD Form 350, 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/ddeforms.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 rule will not have a significant cost or administrative impact
on contractors or offerors, or a significant effect beyond the internal
operating procedures of DoD. Therefore, 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 2002-D010.
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.
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. Section 204.670-1 is amended as follows:
a. In paragraph (b) introductory text by revising the second
sentence;
b. By redesignating paragraph (c)(5) as paragraph (c)(6); and
c. By adding a new paragraph (c)(5) to read as follows:
204.670-1 Definitions.
* * * * *
(b) * * * The term does not include grants, cooperative agreements,
or training authorizations. * * *
* * * * *
(c) * * *
(5) For the Defense Contract Management Agency (excluding contract
administration office responsibilities in 204.670-4): Defense Contract
Management Agency, ATTN: DCMA-DSP, 6350 Walker Lane, Suite 300,
Alexandria, VA 22310-3226.
* * * * *
3. Section 204.670-2 is amended as follows:
a. In paragraph (a)(2)(ii) by removing ``or'';
b. By redesignating paragraph (a)(2)(iii) as paragraph (a)(2)(iv);
and
c. By adding a new paragraph (a)(2)(iii) to read as follows:
204.670-2 Reportable contracting actions.
(a) * * *
(2) * * *
(iii) Multiple reports required by 204.670-6(c)(1) to separate
foreign military sales (FMS) requirements from non-FMS requirements; or
* * * * *
4. Section 204.670-3 is amended in paragraph (a)(2) by revising the
first sentence to read as follows:
204.670-3 Contracting office responsibilities.
(a) * * *
(2) Complete the DD Form 350 when funds are obligated or
deobligated or when an indefinite-delivery contract is established with
no initial obligation of funds. * * *
* * * * *
5. Section 204.670-6 is amended as follows:
a. In paragraph (b)(1)(iii), in the last sentence, by removing ``in
accordance with agency procedures'';
b. In paragraph (b)(1)(iv) by revising the last sentence;
c. By revising paragraph (c)(1); and
d. In paragraph (c)(3) by removing the last sentence.
The revised text reads as follows:
204.670-6 Types of DD Form 350 reports.
* * * * *
(b) * * *
(1) * * *
(iv) * * * USACCE consolidates these transactions monthly and
reports the cumulative dollar amounts and actions on one DD Form 350.
* * * * *
(c) * * *
(1) The action includes 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.
* * * * *
PART 253--FORMS
6. Section 253.204-70 is 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.
(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)). Do not leave blank or enter all zeros. 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 one of the
following codes: 2100 (Army); 1700 (Navy); 5700 (Air Force); 96CE (Army
Civil Works); 97AS (DLA); 9763 (DCMA); 9700 (all other defense
agencies).
(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 describes the transaction.
(1) LINE B1, CONTRACT IDENTIFICATION INFORMATION.
(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.
[[Page 46114]]
(C) The DoD contract number is the basic (13-position 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, BUNDLED CONTRACT EXCEPTION. If Line B1C is coded Y,
enter one of the following codes. Otherwise, leave Line B1D blank.
(A) Code A--Mission Critical. Enter code A if the agency has
determined that the consolidation of requirements is critical to the
agency's mission, but the measurably substantial benefits do not meet
the thresholds set forth in FAR 7.107 to determine that the
consolidation is necessary and justified.
(B) Code B--OMB Circular A-76. Enter code B if the agency used the
OMB Circular A-76 process to determine that the consolidation of
requirements is necessary and justified rather than applying the
substantial benefits analysis required by FAR 7.107.
(C) Code C--Other. Enter code C when codes A and B do not apply.
(v) LINE B1E, PERFORMANCE-BASED SERVICE CONTRACT (see FAR Subpart
37.6). Enter one of the following codes:
(A) Code Y--Yes. Enter code Y when at least 80 percent of the
contract value is for work that is performance based.
(B) Code N--No. Enter code N when code Y does not apply.
(2) LINE B2, MODIFICATION, ORDER, OR OTHER ID NUMBER. Enter the
supplementary procurement instrument identification number if one was
assigned in accordance with 204.7004 or as permitted by 204.7000. It
can be up to 19 characters. Orders under DoD contracts have a four-
position number (see 204.7004(d)); orders under non-DoD contracts have
a 13-position number with an F in the ninth position; modifications to
contracts and agreements have a six-position modification number (see
204.7004(c)); modifications to orders under DoD contracts have a two-
position modification number following the four-position order number
(see 204.7004(e)); and modifications to orders under non-DoD contracts
have a six-position modification number following the 13-position order
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 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 or a JWOD Participating Nonprofit Agency.
(2) Code N--No. Enter code N when code Y does not apply.
(C) LINE B5C. Reserved.
(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--
(1) 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;
(2) An agency or instrumentality of a foreign government; or
(3) 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,
[[Page 46115]]
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 action obligates funds.
(ii) Code 2--Deobligation. Enter code 2 if the action deobligates
funds.
(iii) Code 3--No Dollars Obligated or Deobligated. Enter code 3 if
the action is the initial award of an indefinite-delivery contract that
neither obligates nor deobligates funds.
(8) LINE B8, OBLIGATED OR DEOBLIGATED DOLLARS. Enter the net amount
of funds (whole dollars only) obligated or deobligated by the action.
Enter zero if the action is the initial award of an indefinite-delivery
contract that neither obligates nor deobligates funds, i.e., Line B7 is
coded 3.
(9) LINE B9, FOREIGN MILITARY SALE. Enter one of the following
codes. If only part of the action is a foreign military sale,
separately report the parts (see 204.670-6(c)).
(i) Code Y--Yes. Enter code Y when the 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 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 ESTIMATED CONTRACT VALUE. Enter the total
estimated contract value (in whole dollars) only at the time of initial
placement of the contract, including placement of an indefinite-
delivery or multiyear contract. Include the total estimated value of
orders and options anticipated to be placed over the life of the
contract.
(12) LINE B12, PRINCIPAL PRODUCT OR SERVICE. Line B12 has five
parts. Do not leave any parts of Line B12 blank. Codes for Line B12 can
be found in the DoD Procurement Coding Manual (MN02) under ``PRODUCT
AND SERVICE CODE ASCII FILE DOWNLOADS'' at the bottom of the following
web page: http://web1.whs.osd.mil/peidhome/guide/mn02/mn02.htm.
(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. There are three categories of codes to choose from. If
more than one category or code applies to the action, enter the one
that best identifies the product or service representing the largest
dollar value.
(A) Supplies. If the action is for the purchase (not lease or
rental) of supplies, enter an FSC code on Line B12A. FSC codes are all
numeric. The Department of Defense Federal Supply Classification
Cataloging Handbook (H2) may also help with the correct 4-digit code.
(B) Services. If the 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.
(C) Research, Development, Test, and Evaluation (RDT&E). If the
action is for RDT&E (as defined in FAR 35.001 and 235.001), enter an
RDT&E code on Line B12A. 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. If more than one code
applies to the 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
[[Page 46116]]
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. If there is no code that applies to the 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 action is funded by the Ballistic Missile Defense
Organization, enter code CAA.
(C) If the action supports environmental cleanup programs, enter
one of the codes listed in Section II of the DoD Procurement Coding
Manual (MN02) under the heading ``Environmental Cleanup Programs'' at
http://web1.whs.osd.mil/peidhome/guide/mn02/SECT2.HTM.
(D) Defense Logistics Agency and Defense Contract Management 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 2002 U.S.
NAICS Manual (http://www.census.gov/pub/epcd/www/naics.html). If more
than one code applies to the 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.
(vi) LINE B12F, EPA-DESIGNATED PRODUCT(S). Enter one of the
following codes:
(A) Code A--EPA-Designated Product(s) with Minimum Recovered
Material Content. Enter code A if Environmental Protection Agency
(EPA)-designated product(s) were acquired and all contained the
required minimum recovered material content. See the EPA Comprehensive
Procurement Guidelines program list at http://www.epa.gov/cpg/.
(B) Code B--FAR 23.405(c)(1) Justification. Enter code B if EPA-
designated product(s) were acquired without the required minimum
recovered material content and a justification was completed based on
inability to acquire the product(s) competitively within a reasonable
period of time.
(C) Code C--FAR 23.405(c)(2) Justification. Enter code C if EPA-
designated product(s) were acquired without the required minimum
recovered material content and a justification was completed based on
inability to acquire the product(s) at a reasonable price.
(D) Code D--FAR 23.405(c)(3) Justification. Enter code D if EPA-
designated product(s) were acquired without the required minimum
recovered material content and a justification was completed based on
inability to acquire the product(s) to reasonable performance standards
in the specifications.
(E) Code E--No EPA-Designated Products Acquired. Enter code E if no
EPA-designated products were acquired.
(vii) LINE B12G, RECOVERED MATERIAL CLAUSES. If an EPA-designated
product was acquired, i.e., Line B12F is coded A, B, C, or D, enter one
of the following codes. Otherwise, leave Line B12G blank.
(A) Code A--FAR 52.223-4. Enter code A if the solicitation included
the provision at FAR 52.223-4, Recovered Material Certification.
(B) Code B--FAR 52.223-4 and FAR 52.223-9. Enter code B if the
solicitation included the provision at FAR 52.223-4, Recovered Material
Certification, and the contract includes the clause at FAR 52.223-9,
Estimate of Percentage of Recovered Material Content for EPA-Designated
Products.
(13) LINE B13, KIND OF ACTION. Some of the parts of Line B13 may
not apply to the action being reported. Follow instructions for each
part. When the 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 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 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-definite-quantity contracts (FAR 52.216-
20).
(v) Indefinite-delivery-indefinite-quantity contracts (FAR 52.216-
22) when funds are obligated by the contract itself.
(vi) Initial award of an indefinite-delivery contract when no funds
are obligated.
(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 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. An order under a blanket purchase agreement established under a
Federal schedule (see FAR 8.404(b)(4)) is coded 7. An order under other
blanket purchase agreements, pursuant to FAR 13.303, is coded 9. When
the action is a modification to an order described in code 4
instructions, enter code 4 on Line B13A.
(D) Code 5--Order under Indefinite-Delivery Contract. Enter code 5
when the 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 action is a modification to an
order described in code 5 instructions, enter code 5 on Line B13A.
(E) Code 6--Order under Federal Schedule. Enter code 6 if the
action is an order under a Federal schedule. An order under a blanket
purchase agreement established under a Federal schedule is coded 7.
Code 6 includes orders under Federal schedules for items on the
Procurement List. When the action is a modification to an order
described in code 6 instructions, enter code 6 on Line B13A.
(F) Code 7--BPA Order under Federal Schedule. Enter code 7 if the
action is an order under a blanket purchase agreement established under
a Federal schedule (see FAR 8.404(b)(4)). When the action is a
modification to an order
[[Page 46117]]
described in code 7 instructions, enter code 7 on Line B13A.
(G) Code 8--Order from UNICOR or JWOD. Enter code 8 if the action
is an order 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 action is a modification to an order described in
code 8 instructions, enter code 8 on Line B13A.
(H) Code 9--Award under FAR Part 13. Enter code 9 if the 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 action is a
blanket purchase agreement order pursuant to FAR 8.404(b)(4) (see code
7). When the action is a modification to an award described in code 9
instructions, enter code 9 on Line B13A.
(ii) LINE B13B, TYPE OF INDEFINITE-DELIVERY CONTRACT. If the action
is the award or modification of an indefinite-delivery contract, i.e.,
Line B13A is coded 3 and the ninth position of B1A is coded D, complete
Line B13B. If the action is an order or modification of an order under
an indefinite-delivery contract, i.e., 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 INDEFINITE-DELIVERY
CONTRACT. If the action is the award or modification of an indefinite-
delivery contract, or an order or modification of an order under an
indefinite-delivery contract, i.e., 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 indefinite-delivery
contract is a multiple award contract.
(B) Code S--Single Award. Enter code S if the indefinite-delivery
contract is a single award contract.
(iv) LINE B13D, MODIFICATION. If the 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
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 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 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 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 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 action
is a modification that terminates all or part of the contract for
convenience.
(G) Code G--Cancellation. Enter code G if the 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 action is an
exercise of an option.
(I) Code J--Definitization. Enter code J if the action is a
definitization modification. For the definitization of a letter
contract, enter code 3 on Line B13A.
(v) LINE B13E, MULTIPLE AWARD CONTRACT FAIR OPPORTUNITY. If the
action is an order under a multiple award indefinite-delivery contract,
i.e., Line B13C is coded M, enter one of the following codes.
Otherwise, leave Line B13E blank.
(A) Code A--Fair Opportunity Process. Enter code A if the delivery
or task order was issued pursuant to a process that permitted each
contract awardee a fair opportunity to be considered (see FAR
16.505(b)(1)).
(B) Code B--Urgency. Enter code B if the agency need is so urgent
that providing a fair opportunity would result in unacceptable delays
(see FAR 16.505(b)(2)(i)).
(C) Code C--One/Unique Source. Enter code C if only one contract
awardee is capable of providing the supplies or services at the level
or quality required because the supplies or services are unique or
highly specialized (see FAR 16.505(b)(2)(ii)).
(D) Code D--Follow-On Contract. Enter code D if the order was
issued on a sole-source basis in the interest of economy and efficiency
as a logical follow-on to an order already issued under the contract,
provided that all awardees were given a fair opportunity to be
considered for the original order (see FAR 16.505(b)(2)(iii)).
(E) Code E--Minimum Guarantee. Enter code E if it was necessary to
place an order to satisfy a minimum amount guaranteed to the contractor
(see FAR 16.505(b)(2)(iv)).
(vi) LINE B13F, INDEFINITE-DELIVERY CONTRACT USE. If the action is
the initial award of an indefinite-delivery contract, enter one of the
following codes to indicate if the indefinite-delivery contract can be
used Government-wide, within DoD only, within the department or agency
only, or by the contracting office only. Otherwise, leave Line B13F
blank.
(A) Code A--Government-Wide.
(B) Code B--DoD-Wide.
(C) Code C--DoD Department or Agency Only.
(D) Code D--Contracting Office Only.
(vii) LINE B13G--INDEFINITE-DELIVERY CONTRACT ORDERING PERIOD
ENDING DATE. If the action is the initial award of an indefinite-
delivery contract and Line B13F is coded A, B, C, or D, enter the date
the ordering period ends. Otherwise, leave Line B13G blank. 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.
(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.
[[Page 46118]]
(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, including blanket purchase agreement orders
with Federal schedule contractors, 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.
(15) LINE B15, INFORMATION TECHNOLOGY PRODUCTS OR SERVICES. If the
action is for information technology products or services, enter one of
the following codes. Otherwise, leave Line B15 blank.
(i) Code A--Commercially Available Off-the-Shelf Item. Enter code A
if the action is for an item of supply that meets the definition of
commercial item in FAR 2.101, does not require any modification, and is
available in the commercial marketplace.
(ii) Code B--Other Commercial Item of Supply. Enter code B if the
action is for an item of supply that meets the definition of commercial
item in FAR 2.101, but requires minor modifications, or is not yet
available in the commercial marketplace, but will be available in time
to meet the Government's needs.
(iii) Code C--Nondevelopmental Item Other than Commercial Item.
Enter code C if the action is for an item of supply, other than a
commercial item, that meets the definition of nondevelopmental item in
FAR 2.101.
(iv) Code D--Other Noncommercial Item of Supply. Enter code D if
the action is for an item of supply that does not meet the definition
of commercial item or nondevelopmental item in FAR 2.101.
(v) Code E--Commercial Service. Enter code E if the action is for a
service that meets the definition of commercial item in FAR 2.101.
(vi) Code F--Noncommercial Service. Enter code F for all other
services.
(16) LINE B16, CLINGER-COHEN ACT PLANNING COMPLIANCE. If the action
is for information technology products or services, enter one of the
following codes. Otherwise, leave Line B16 blank:
(i) Code Y--Yes. Enter code Y if the action is for information
technology products or services acquired in compliance with the
planning requirements of sections 5122 and 5123 of the Clinger-Cohen
Act of 1996 (40 U.S.C. 1422 and 1423).
(ii) Code N--No. Enter code N if code Y does not apply.
(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 action is with a government
agency, i.e., Line B5B (Government Agency) is coded Y (Yes). If the
action is an order under a Federal schedule, i.e., Line B13A is coded
6, complete only the following lines in Part C: Line C3, and Lines C13A
and C13B (when applicable).
(3) In completing Part C, use codes that describe either the
current action or the original contract as follows:
(i)(A) If the current action is a modification, other than a new
work modification, or an order under an indefinite-delivery contract,
code the lines in Part C to describe the original contract.
(B) If the current action is an order under a multiple award
contract, i.e., Line B13A is coded 5 and 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 current
action.
(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 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 only if a synopsis of the
proposed action was prepared and transmitted 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 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 a synopsis was not prepared, i.e., 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--FAR 5.202(a)(13). Enter code B if the action was not
synopsized because the acquisition did not exceed the simplified
acquisition threshold and 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 C--SBA/OFPP Pilot Program. Enter Code C if the action was
not synopsized because the acquisition was subject to the SBA/OFPP
Pilot Program that allows for waiver of synopsis requirements for
acquisitions of services between $25,000 and $100,000 from small
businesses under set-asides (OFPP memorandum dated September 27, 2001,
Subject: Extension of the Pilot Program on Acquisition of Services from
Small Businesses). Do not use Code C if the acquisition is subject to
the Small Business Competitiveness Demonstration Program.
(D) 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 action is an order under a Federal schedule, i.e., Line
B13A is coded 6;
(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 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
[[Page 46119]]
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 contracting 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. Code C applies to
contracts that meet the statutory criteria for Phase III follow-on
under the Small Business Innovation Research Program.
(D) Code D--Not Competed. Enter code D when codes A, B, and C do
not apply.
(iv) LINE C4, SEA TRANSPORTATION. When the origin of the contract
is DoD, i.e., Line B1B is coded A, enter one of the following codes.
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
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) The action is an order or modification of an order under a non-
DoD indefinite-delivery contract, i.e., Line B1B is coded B or C and
Line B13A is coded 5; or
(3) The action is an order or modification of an order under a
Federal schedule, i.e., 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) The action is an order under a Federal schedule, i.e., Line
B13A is coded 6.
(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,
i.e., Line B13A is coded 9; or
(3) The action is an order under a Federal schedule, i.e., 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 architect-engineer contracts pursuant to
FAR 6.102(d)(1).
(5) Code E--Basic Research. Enter code E if the action resulted
from competitive selection of basic research proposals pursuant to FAR
6.102(d)(2).
(6) Code F--Multiple Award Schedule. Enter code F if the action is
an award of a multiple award schedule pursuant to FAR 6.102(d)(3) or an
order against such a schedule.
(7) Code G--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),
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
[[Page 46120]]
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 the action resulted from
use of other than full and open competition, i.e., 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 the action is an order or modification of an
order under a Federal schedule, i.e., Line B13A is coded 6, leave Line
C10 blank.
(A) Code A--Walsh-Healey Act. Enter code A when the action is
subject to the provisions of FAR Subpart 22.6.
(B) Code C--Service Contract Act. Enter code C when the 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 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 the origin of the contract is DoD, i.e., 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. When the origin of the contract
is DoD, i.e., Line B1B is coded A, enter one of the following codes
identifying whether or not progress payments, advance payments, or
other financing methods were used. When the origin of the contract is
not DoD, leave Line C12 blank.
(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
action is for a foreign end product or a service provided by a foreign
concern under a DoD contract or a Federal schedule. Otherwise, leave
Line C13A blank.
(1) Code A--U.S. Enter code A if the 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 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 ITEM. Enter one of the following codes:
(A) Code Y--Yes--FAR 52.212-4 Included. Enter code Y if the
contract 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 action is--
(i) With a government agency, i.e., Line B5B is coded Y; or
(ii) An order under a Federal schedule, i.e., Line B13A is coded 6.
(2) Use the codes on Lines B13A and B13D to determine whether the
codes in Part D will describe the current action or the original
contract.
[[Page 46121]]
(i) Code Part D to describe the current action when--
(A) The action is a new requirement, i.e., Line B13A is coded 1, 3,
4, 7, or 9 and Line B13D is coded A or is blank; or
(B) The action is an order from the Schedule or the Procurement
List, i.e., 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 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 the contractor is a small business performing inside the
United States, i.e., 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 at the time of contract award (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 and the origin of the contract is DoD, i.e., Line B1B is coded
A. 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 veteran-owned small business.
(ii) LINE D2, REASON NOT AWARDED TO SDB. Enter one of the following
codes when the contractor is a small business (other than a small
disadvantaged business) or a large business performing in the United
States, i.e., 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 the action is an order or
modification of an order under a non-DoD contract, i.e., 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 the contractor is a large business performing in the United
States, i.e., Line D1A is coded C. Otherwise, leave Line D3 blank. (The
term ``small business'' includes all categories of small businesses.)
(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
[[Page 46122]]
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 the action is an
order or modification of an order under a non-DoD contract, i.e., 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 set-aside for small disadvantaged businesses.
(6) Code F--HBCU or MI--Total Set-Aside. 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 Set-Aside. 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 Set-Aside. 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 the
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--Combination 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 the origin of the contract is DoD, i.e.,
Line B1B is coded A, and--
(i) An SDB or HBCU/MI set-aside was used, i.e., Line D4A is coded
E, F, or G; or
(ii) A preference program was used, i.e., 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 three-digit 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 the action is an order or
modification of an order under a non-DoD contract, i.e., 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 the action is under a contract that was awarded before
the demonstration program began (January 1, 1989) and does not involve
a new work modification, enter code N on Line D9. When the action is an
order or modification of an order under a non-DoD contract, i.e., 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.
[[Page 46123]]
(A) Complete Line D10 only when the contractor is a small business
performing in the United States and the action is under the Small
Business Competitiveness Demonstration Program, i.e., Line D1A is coded
A or B and Line D9 is coded Y. Otherwise, leave Line D10 blank.
(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 million or less.
(9) Code N--Over $1 million--$2 million.
(10) Code P--Over $2 million--$3.5 million.
(11) Code R--Over $3.5 million--$5 million.
(12) Code S--Over $5 million--$10 million.
(13) Code T--Over $10 million--$17 million.
(14) Code U--Over $17 million.
(x) LINE D11, EMERGING SMALL BUSINESS.
(A) Complete this line only if the action is under the Small
Business Competitiveness Demonstration Program, i.e., Line D9 is coded
Y, and the 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 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, 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. If making a purchase for
another DoD department or agency, enter 2100 for Army, 1700 for Navy,
5700 for Air Force, 97AS for DLA, 96CE for USACE, 9763 for DCMA, and
9700 for all other defense agencies. Otherwise, leave Line E3 blank.
(4) LINE E4, REQUESTING ACTIVITY CODE. If making a purchase on
behalf of a non-DoD agency, enter the non-DoD agency's office code, if
provided. Otherwise, leave Line E4 blank. If making a purchase on
behalf of a DoD activity, enter the DoDAAC of the activity for whom the
purchase was made. DoDAACs can be found at:
https://day2k1.daas.dla.mil/dodaac/dodaac.asp. If multiple requesting
activities are involved, enter the DoDAAC of the activity that provided
the largest portion of funding for the action.
(5) LINE E5, NUMBER OF ACTIONS. If submitting a consolidated DD
Form 350, enter the number of actions included in the consolidated
report (see 204.670-6(b)). Otherwise, enter 1 on Line E5.
(6) LINE E6, PAYMENT BY GOVERNMENTWIDE PURCHASE CARD. If payment is
to be made through use of the Governmentwide purchase card, enter Y on
Line E6. Otherwise, leave Line E6 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.
[FR Doc. 02-17524 Filed 7-11-02; 8:45 am]
BILLING CODE 5001-08-P