Defense Federal Acquisition Regulation Supplement; Conforming Changes-Standards of Conduct and Extraordinary Contractual Actions (DFARS Case 2008-D004), 46814-46816 [E8-18504]
Download as PDF
<![CDATA[
46814
Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Rules and Regulations
219.7103–1
[Amended]
I–107
5. Section 219.7103–1 is amended in
the second sentence by removing
‘‘SADBU’’ and adding in its place
‘‘SBP’’.
I
219.7103–2
[Amended]
DEPARTMENT OF DEFENSE
11. Appendix I to chapter 2 is
amended in section I–107, in paragraph
(j) in the second sentence, by removing
‘‘SADBU’’ and adding in its place
‘‘SBP’’.
I
[Amended]
6. Section 219.7103–2 is amended in
paragraphs (d)(1), (e)(3), and (f) by
removing ‘‘SADBU’’ and adding in its
place ‘‘SBP’’.
I
I–108
[Amended]
Defense Acquisition Regulations
System
48 CFR Parts 203, 250, and 252
RIN 0750–AG01
12. Appendix I to chapter 2 is
amended in section I–108, in paragraphs
(c), (e), and (f), by removing ‘‘SADBU’’
and adding in its place ‘‘SBP’’.
Defense Federal Acquisition
Regulation Supplement; Conforming
Changes—Standards of Conduct and
Extraordinary Contractual Actions
(DFARS Case 2008–D004)
I–109
AGENCY:
I
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
[Amended]
13. Appendix I to chapter 2 is
amended in section I–109, in paragraph
(c) in the second sentence, and in
paragraph (d) in the first and second
sentences, by removing ‘‘SADBU’’ and
adding in its place ‘‘SBP’’.
I
7. Section 252.219–7004 is amended
by revising the clause date and
paragraph (c)(1) to read as follows:
I
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
Appendix I to Chapter 2—Policy and
Procedures for the DOD Pilot MentorProtege Program
15. Appendix I to chapter 2 is
amended in section I–111, in paragraph
(a), by removing ‘‘SADBU’’ and adding
in its place ‘‘SBP’’.
SUMMARY: DoD has issued a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to update text addressing
contractor standards of conduct and the
handling of extraordinary contractual
actions. The DFARS changes are
consistent with changes made to the
Federal Acquisition Regulation.
DATES: Effective Date: August 12, 2008.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Williams, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3D139, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone 703–602–0328;
facsimile 703–602–7887. Please cite
DFARS Case 2008–D004.
SUPPLEMENTARY INFORMATION:
I–102
I–112.2
A. Background
252.219–7004 Small Business
Subcontracting Plan (Test Program).
*
*
*
*
*
I–110.2
SMALL BUSINESS
SUBCONTRACTING PLAN (TEST
PROGRAM) (AUG 2008)
*
*
*
*
*
*
*
*
*
I–111
[Amended]
I
[Amended]
8. Appendix I to chapter 2 is amended
in section I–102 as follows:
I a. In paragraph (a)(1) by removing
‘‘Small and Disadvantaged Business
Utilization (SADBU)’’ and adding in its
place ‘‘Small Business Programs (SBP)’’;
and
I b. In paragraph (f)(3) by removing
‘‘SADBU’’ and adding in its place
‘‘SBP’’.
I
I–103
14. Appendix I to chapter 2 is
amended in section I–110.2, in
paragraph (a) introductory text, in
paragraph (b) introductory text in the
second sentence, and in paragraph (c),
by removing ‘‘SADBU’’ and adding in
its place ‘‘SBP’’.
I
(c) * * *
(1) One copy of the SF 295 and
attachments shall be submitted to Director,
Small Business Programs, Office of the Under
Secretary of Defense (Acquisition,
Technology, and Logistics), 201 12th Street
South, Suite 406, Arlington, VA 22202; and
*
[Amended]
[Amended]
[Amended]
16. Appendix I to chapter 2 is
amended in section I–112.2 as follows:
I a. In paragraph (d) by removing
‘‘https://www.acq.osd.mil/sadbu/
mentor_protege’’ and adding in its place
‘‘https://www.acq.osd.mil/osbp/
mentor_protege/’’; and
I b. In paragraphs (g)(1) and (2) by
removing ‘‘SADBU’’ and adding in its
place ‘‘SBP’’.
I
I
I–113
I–105
17. Appendix I to chapter 2 is
amended in section I–113, in paragraph
(b), by removing ‘‘https://
www.acq.osd.mil/sadbu/
mentor_protege’’ and adding in its place
‘‘https://www.acq.osd.mil/osbp/
mentor_protege/.’’
9. Appendix I to chapter 2 is amended
in section I–103, in paragraph (b)(3), by
removing ‘‘SADBU’’ and adding in its
place ‘‘SBP’’.
[Amended]
10. Appendix I to chapter 2 is
amended in section I–105 as follows:
I a. In paragraph (a), in the first
sentence, by removing ‘‘SADBU’’ and
adding in its place ‘‘SBP’’; and
I b. In paragraph (c) by removing
‘‘https://www.acq.osd.mil/sadbu/
mentor_protege’’ and adding in its place
‘‘https://www.acq.osd.mil/osbp/
mentor_protege/’’.
ebenthall on PRODPC60 with RULES
I
VerDate Aug<31>2005
13:51 Aug 11, 2008
Jkt 214001
[Amended]
I
[FR Doc. E8–18508 Filed 8–11–08; 8:45 am]
BILLING CODE 5001–08–P
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
This final rule updates DFARS text for
consistency with changes made to the
Federal Acquisition Regulation (FAR) as
follows:
Æ Removes DFARS Subpart 203.70,
Contractor Standards of Conduct, and
the corresponding contract clause at
252.203–7002, since policy on this
subject was added to the FAR at 72 FR
65873 on November 23, 2007.
Æ Adds DFARS 203.1004 to provide
address information for use in
completion of the clause at FAR 52.203–
14, Display of Hotline Poster(s).
Æ Revises DFARS Part 250 for
consistency with the structure of FAR
Part 50, as revised at 72 FR 63027 on
November 7, 2007. The DFARS changes
update headings, numbering, and crossreferences, and reflect the dollar
threshold currently specified in the FAR
with regard to delegation of authority
for approval of extraordinary
contractual actions.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
E:\FR\FM\12AUR1.SGM
12AUR1
Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Rules and Regulations
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 under
41 U.S.C. 418b 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 2008-D004.
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 203,
250, and 252
250.101 General.
250.101–2 Policy.
250.101–2–70 Limitations on payment.
250.101–3 Records.
250.102 Delegation of and limitations on
exercise of authority.
250.102–1 Delegation of authority.
250.102–1–70 Delegations.
250.102–2 Contract adjustment boards.
250.103 Contract adjustments.
250.103–3 Contract adjustment.
250.103–5 Processing cases.
250.103–6 Disposition.
250.104 Residual powers.
250.104–3 Special procedures for unusually
hazardous or nuclear risks.
250.104–3–70 Indemnification under
contracts involving both research and
development and other work.
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
Subpart 250.1—Extraordinary
Contractual Actions
250.100
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 203, 250, and
252 are amended as follows:
I 1. The authority citation for 48 CFR
parts 203, 250, and 252 continues to
read as follows:
I
Definitions.
Secretarial level, as used in this
subpart, means—
(1) An official at or above the level of
an Assistant Secretary (or Deputy) of
Defense or of the Army, Navy, or Air
Force; and
(2) A contract adjustment board
established by the Secretary concerned.
250.101
General.
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
250.101–2
Policy.
PART 203—IMPROPER BUSINESS
PRACTICES AND PERSONAL
CONFLICTS OF INTEREST
See 10 U.S.C. 2410(b) for limitations
on Congressionally directed payment of
a request for equitable adjustment to
contract terms or a request for relief
under Public Law 85–804.
250.101–2–70
2. Subpart 203.10 is added to read as
follows:
I
250.101–3
Limitations on payment.
Records.
Subpart 203.10—Contractor Code of
Business Ethics and Conduct
Follow the procedures at PGI
250.101–3 for preparation of records.
203.1004
250.102 Delegation of and limitations on
exercise of authority.
Contract clauses.
(b)(2)(ii) Insert the following address
in paragraph (b)(3) of the clause at FAR
52.203–14, Display of Hotline Poster(s):
DoD Inspector General, ATTN: Defense
Hotline, 400 Army Navy Drive,
Washington, DC 22202–2884.
Subpart 203.70
[Removed]
3. Subpart 203.70 is removed.
4. Part 250 is revised to read as
follows:
I
I
ebenthall on PRODPC60 with RULES
PART 250—EXTRAORDINARY
CONTRACTUAL ACTIONS AND THE
SAFETY ACT
Subpart 250.1—Extraordinary
Contractual Actions
Sec.
250.100
13:51 Aug 11, 2008
Delegation of authority.
(b) Authority under FAR 50.104 to
approve actions obligating $55,000 or
less may not be delegated below the
level of the head of the contracting
activity.
(d) In accordance with the acquisition
authority of the Under Secretary of
Defense (Acquisition, Technology, and
Logistics (USD (AT&L)) under 10 U.S.C.
133, in addition to the Secretary of
Defense and the Secretaries of the
military departments, the USD (AT&L)
may exercise authority to indemnify
against unusually hazardous or nuclear
risks.
250.102–1–70
Delegations.
(a) Military departments. The
Departments of the Army, Navy, and Air
Definitions.
VerDate Aug<31>2005
250.102–1
Jkt 214001
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
46815
Force will specify delegations and levels
of authority for actions under the Act
and the Executive Order in
departmental supplements or agency
acquisition guidance.
(b) Defense agencies. Subject to the
restrictions on delegations of authority
in 250.102–1(b) and FAR 50.102–1, the
directors of the defense agencies may
exercise and redelegate the authority
contained in the Act and the Executive
Order. The agency supplements or
agency acquisition guidance shall
specify the delegations and levels of
authority.
(1) Requests to obligate the
Government in excess of $55,000 must
be submitted to the USD (AT&L) for
approval.
(2) Requests for indemnification
against unusually hazardous or nuclear
risks must be submitted to the
USD(AT&L) for approval before using
the indemnification clause at FAR
52.250–1, Indemnification Under Public
Law 85–804.
(c) Approvals. The Secretary of the
military department or the agency
director must approve any delegations
in writing.
250.102–2
Contract adjustment boards.
The Departments of the Army, Navy,
and Air Force each have a contract
adjustment board. The board consists of
a Chair and not less than two nor more
than six other members, one of whom
may be designated the Vice-Chair. A
majority constitutes a quorum for any
purpose and the concurring vote of a
majority of the total board membership
constitutes an action of the board.
Alternates may be appointed to act in
the absence of any member.
250.103
Contract adjustments.
250.103–3
Contract adjustment.
(a) Contractor requests should be filed
with the procuring contracting officer
(PCO). However, if filing with the PCO
is impractical, requests may be filed
with an authorized representative, an
administrative contracting officer, or the
Office of General Counsel of the
applicable department or agency, for
forwarding to the cognizant PCO.
250.103–5
Processing cases.
(1) At the time the request is filed, the
activity shall prepare the record
described at PGI 250.101–3(1)(i) and
forward it to the appropriate official
within 30 days after the close of the
month in which the record is prepared.
(2) The officer or official responsible
for the case shall forward to the contract
adjustment board, through departmental
channels, the documentation described
at PGI 250.103–5.
E:\FR\FM\12AUR1.SGM
12AUR1
46816
Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Rules and Regulations
(3) Contract adjustment boards will
render decisions as expeditiously as
practicable. The Chair shall sign a
memorandum of decision disposing of
the case. The decision shall be dated
and shall contain the information
required by FAR 50.103–6. The
memorandum of decision shall not
contain any information classified
‘‘Confidential’’ or higher. The board’s
decision will be sent to the appropriate
official for implementation.
250.103–6
Disposition.
For requests denied or approved
below the Secretarial level, follow the
disposition procedures at PGI 250.103–
6.
250.104
Residual powers.
250.104–3 Special procedures for
unusually hazardous or nuclear risks.
250.104–3–70 Indemnification under
contracts involving both research and
development and other work.
When indemnification is to be
provided on contracts requiring both
research and development work and
other work, the contracting officer shall
insert an appropriate clause using the
authority of both 10 U.S.C. 2354 and
Public Law 85–804.
(a) The use of Public Law 85–804 is
limited to work which cannot be
indemnified under 10 U.S.C. 2354 and
is subject to compliance with FAR
50.104.
(b) Indemnification under 10 U.S.C.
2354 is covered by 235.070.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.203–7002
I
[Removed]
5. Section 252.203–7002 is removed.
Interim rule with request for
comments.
ACTION:
DoD has issued an interim
rule amending the Defense Federal
Acquisition Regulation Supplement to
implement Section 827 of the National
Defense Authorization Act for Fiscal
Year 2008. Section 827 requires the use
of competitive procedures in the
acquisition of items for which Federal
Prison Industries has a significant
market share.
DATES: Effective date: August 12, 2008.
Comment date: Comments on the
interim rule should be submitted in
writing to the address shown below on
or before October 14, 2008, to be
considered in the formation of the final
rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2008–D015,
using any of the following methods:
Æ Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Æ E-mail: dfars@osd.mil. Include
DFARS Case 2008–D015 in the subject
line of the message.
Æ Fax: 703–602–7887.
Æ Mail: Defense Acquisition
Regulations System, Attn: Mr. Michael
Benavides, OUSD (AT&L) DPAP
(DARS), IMD 3D139, 3062 Defense
Pentagon, Washington, DC 20301–3062.
Æ Hand Delivery/Courier: Defense
Acquisition Regulations System, Crystal
Square 4, Suite 200A, 241 18th Street,
Arlington, VA 22202–3402.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Mr.
Michael Benavides, 703–602–1302.
SUPPLEMENTARY INFORMATION:
A. Background
BILLING CODE 5001–08–P
Section 827 of the National Defense
Authorization Act for Fiscal Year 2008
(Pub. L. 110–181) amended 10 U.S.C.
2410n to require the use of competitive
procedures in the acquisition of items
for which Federal Prison Industries
(FPI) has a significant market share.
Section 827 provides that FPI shall be
treated as having a significant share of
the market for a product if DoD, in
consultation with the Office of Federal
Procurement Policy, determines that the
FPI share of the DoD market for the
category of products including that
product is greater than 5 percent.
DoD has determined that FPI
presently has a significant market share
of the items in the following Federal
Supply Classes (FSC). DoD will update
the following list as necessary.
Defense Acquisition Regulations
System
48 CFR Part 208
ebenthall on PRODPC60 with RULES
RIN 0750–AG03
Defense Federal Acquisition
Regulation Supplement; Competition
Requirements for Purchases From
Federal Prison Industries (DFARS
Case 2008–D015)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
AGENCY:
VerDate Aug<31>2005
13:51 Aug 11, 2008
Jkt 214001
3510
SUMMARY:
[FR Doc. E8–18504 Filed 8–11–08; 8:45 am]
DEPARTMENT OF DEFENSE
FSC
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
5340
5935
5975
5995
6145
7110
7210
Description
Laundry and Dry Cleaning Equipment.
Miscellaneous Hardware.
Connectors, Electrical.
Electrical Hardware and Supplies.
Cable, cord, wire assemblies;
communications equipment.
Wire and cable, Electrical.
Office Furniture.
Household Furnishings.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
B. Regulatory Flexibility Act
DoD has prepared an initial regulatory
flexibility analysis consistent with 5
U.S.C. 603. A copy of the analysis may
be obtained from the point of contact
specified herein. The analysis is
summarized as follows:
The objective of the rule is to provide
for competition in the acquisition of
items for which FPI has a significant
market share. The legal basis for the rule
is 10 U.S.C. 2410n, as amended by
Section 827 of the National Defense
Authorization Act for Fiscal Year 2008
(Pub. L. 110–181). The rule is expected
to benefit small business concerns that
offer items for which FPI has a
significant market share, by permitting
those concerns to compete for
additional DoD contract awards. The
rule also could adversely impact small
business concerns that provide supplies
and services to FPI relative to the
affected items. The rule deviates from
the policy in Subpart 8.6 of the Federal
Acquisition Regulation with regard to
the acquisition of items from FPI. This
alternate DoD policy is necessary to
implement Section 827 of Public Law
110–181.
DoD invites comments from small
businesses and other interested parties.
DoD also will consider comments from
small entities concerning the affected
DFARS subpart in accordance with 5
U.S.C. 610. Such comments should be
submitted separately and should cite
DFARS Case 2008–D015.
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.
D. Determination To Issue an Interim
Rule
A determination has been made under
the authority of the Secretary of
Defense, that urgent and compelling
reasons exist to publish an interim rule
E:\FR\FM\12AUR1.SGM
12AUR1
]]>Agencies
[Federal Register Volume 73, Number 156 (Tuesday, August 12, 2008)]
[Rules and Regulations]
[Pages 46814-46816]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18504]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 203, 250, and 252
RIN 0750-AG01
Defense Federal Acquisition Regulation Supplement; Conforming
Changes--Standards of Conduct and Extraordinary Contractual Actions
(DFARS Case 2008-D004)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD has issued a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to update text addressing
contractor standards of conduct and the handling of extraordinary
contractual actions. The DFARS changes are consistent with changes made
to the Federal Acquisition Regulation.
DATES: Effective Date: August 12, 2008.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone 703-602-0328; facsimile
703-602-7887. Please cite DFARS Case 2008-D004.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule updates DFARS text for consistency with changes
made to the Federal Acquisition Regulation (FAR) as follows:
[cir] Removes DFARS Subpart 203.70, Contractor Standards of
Conduct, and the corresponding contract clause at 252.203-7002, since
policy on this subject was added to the FAR at 72 FR 65873 on November
23, 2007.
[cir] Adds DFARS 203.1004 to provide address information for use in
completion of the clause at FAR 52.203-14, Display of Hotline
Poster(s).
[cir] Revises DFARS Part 250 for consistency with the structure of
FAR Part 50, as revised at 72 FR 63027 on November 7, 2007. The DFARS
changes update headings, numbering, and cross-references, and reflect
the dollar threshold currently specified in the FAR with regard to
delegation of authority for approval of extraordinary contractual
actions.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
[[Page 46815]]
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
under 41 U.S.C. 418b 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
2008-D004.
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 203, 250, and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR parts 203, 250, and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 203, 250, and 252 continues
to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 203--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
0
2. Subpart 203.10 is added to read as follows:
Subpart 203.10--Contractor Code of Business Ethics and Conduct
203.1004 Contract clauses.
(b)(2)(ii) Insert the following address in paragraph (b)(3) of the
clause at FAR 52.203-14, Display of Hotline Poster(s): DoD Inspector
General, ATTN: Defense Hotline, 400 Army Navy Drive, Washington, DC
22202-2884.
Subpart 203.70 [Removed]
0
3. Subpart 203.70 is removed.
0
4. Part 250 is revised to read as follows:
PART 250--EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT
Subpart 250.1--Extraordinary Contractual Actions
Sec.
250.100 Definitions.
250.101 General.
250.101-2 Policy.
250.101-2-70 Limitations on payment.
250.101-3 Records.
250.102 Delegation of and limitations on exercise of authority.
250.102-1 Delegation of authority.
250.102-1-70 Delegations.
250.102-2 Contract adjustment boards.
250.103 Contract adjustments.
250.103-3 Contract adjustment.
250.103-5 Processing cases.
250.103-6 Disposition.
250.104 Residual powers.
250.104-3 Special procedures for unusually hazardous or nuclear
risks.
250.104-3-70 Indemnification under contracts involving both research
and development and other work.
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
Subpart 250.1--Extraordinary Contractual Actions
250.100 Definitions.
Secretarial level, as used in this subpart, means--
(1) An official at or above the level of an Assistant Secretary (or
Deputy) of Defense or of the Army, Navy, or Air Force; and
(2) A contract adjustment board established by the Secretary
concerned.
250.101 General.
250.101-2 Policy.
250.101-2-70 Limitations on payment.
See 10 U.S.C. 2410(b) for limitations on Congressionally directed
payment of a request for equitable adjustment to contract terms or a
request for relief under Public Law 85-804.
250.101-3 Records.
Follow the procedures at PGI 250.101-3 for preparation of records.
250.102 Delegation of and limitations on exercise of authority.
250.102-1 Delegation of authority.
(b) Authority under FAR 50.104 to approve actions obligating
$55,000 or less may not be delegated below the level of the head of the
contracting activity.
(d) In accordance with the acquisition authority of the Under
Secretary of Defense (Acquisition, Technology, and Logistics (USD
(AT&L)) under 10 U.S.C. 133, in addition to the Secretary of Defense
and the Secretaries of the military departments, the USD (AT&L) may
exercise authority to indemnify against unusually hazardous or nuclear
risks.
250.102-1-70 Delegations.
(a) Military departments. The Departments of the Army, Navy, and
Air Force will specify delegations and levels of authority for actions
under the Act and the Executive Order in departmental supplements or
agency acquisition guidance.
(b) Defense agencies. Subject to the restrictions on delegations of
authority in 250.102-1(b) and FAR 50.102-1, the directors of the
defense agencies may exercise and redelegate the authority contained in
the Act and the Executive Order. The agency supplements or agency
acquisition guidance shall specify the delegations and levels of
authority.
(1) Requests to obligate the Government in excess of $55,000 must
be submitted to the USD (AT&L) for approval.
(2) Requests for indemnification against unusually hazardous or
nuclear risks must be submitted to the USD(AT&L) for approval before
using the indemnification clause at FAR 52.250-1, Indemnification Under
Public Law 85-804.
(c) Approvals. The Secretary of the military department or the
agency director must approve any delegations in writing.
250.102-2 Contract adjustment boards.
The Departments of the Army, Navy, and Air Force each have a
contract adjustment board. The board consists of a Chair and not less
than two nor more than six other members, one of whom may be designated
the Vice-Chair. A majority constitutes a quorum for any purpose and the
concurring vote of a majority of the total board membership constitutes
an action of the board. Alternates may be appointed to act in the
absence of any member.
250.103 Contract adjustments.
250.103-3 Contract adjustment.
(a) Contractor requests should be filed with the procuring
contracting officer (PCO). However, if filing with the PCO is
impractical, requests may be filed with an authorized representative,
an administrative contracting officer, or the Office of General Counsel
of the applicable department or agency, for forwarding to the cognizant
PCO.
250.103-5 Processing cases.
(1) At the time the request is filed, the activity shall prepare
the record described at PGI 250.101-3(1)(i) and forward it to the
appropriate official within 30 days after the close of the month in
which the record is prepared.
(2) The officer or official responsible for the case shall forward
to the contract adjustment board, through departmental channels, the
documentation described at PGI 250.103-5.
[[Page 46816]]
(3) Contract adjustment boards will render decisions as
expeditiously as practicable. The Chair shall sign a memorandum of
decision disposing of the case. The decision shall be dated and shall
contain the information required by FAR 50.103-6. The memorandum of
decision shall not contain any information classified ``Confidential''
or higher. The board's decision will be sent to the appropriate
official for implementation.
250.103-6 Disposition.
For requests denied or approved below the Secretarial level, follow
the disposition procedures at PGI 250.103-6.
250.104 Residual powers.
250.104-3 Special procedures for unusually hazardous or nuclear risks.
250.104-3-70 Indemnification under contracts involving both research
and development and other work.
When indemnification is to be provided on contracts requiring both
research and development work and other work, the contracting officer
shall insert an appropriate clause using the authority of both 10
U.S.C. 2354 and Public Law 85-804.
(a) The use of Public Law 85-804 is limited to work which cannot be
indemnified under 10 U.S.C. 2354 and is subject to compliance with FAR
50.104.
(b) Indemnification under 10 U.S.C. 2354 is covered by 235.070.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.203-7002 [Removed]
0
5. Section 252.203-7002 is removed.
[FR Doc. E8-18504 Filed 8-11-08; 8:45 am]
BILLING CODE 5001-08-P
