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DFARSPGI

DFARSPGI

Change Number: DFARS PGI Change 11/25/2024
Effective Date: 11/25/2024

PGI Part 204 - ADMINISTRATIVE AND INFORMATION MATTERS

PGI Part 204 - ADMINISTRATIVE AND INFORMATION MATTERS

PGI 204.1 -CONTRACT EXECUTION

PGI 204.101 Contracting officer's signature.

PGI 204.2 -CONTRACT DISTRIBUTION

PGI 204.201 Procedures.

PGI 204.270 Electronic Data Access.

PGI 204.270-2 Procedures.

PGI 204.4 -SAFEGUARDING CLASSIFIED INFORMATION WITHIN INDUSTRY

PGI 204.402 -General.

PGI 204.403 Responsibilities of contracting officers.

PGI 204.6 -CONTRACT REPORTING

PGI 204.602 General.

PGI 204.604 Responsibilities.

PGI 204.606 Reporting data.

PGI 204.8 -CONTRACT FILES

PGI 204.804 Closeout of contract files.

PGI 204.804-1 Closeout by the office administering the contract.

PGI 204.804-2 Closeout of the contracting office files if another office administers the contract.

PGI 204.804-4 Physically completed contracts.

PGI_204.804-5 Procedures for closing out contract files.

PGI 204.11 -SYSTEM FOR AWARD MANAGEMENT

PGI 204.1103 Procedures.

PGI 204.16 -UNIFORM PROCUREMENT INSTRUMENT IDENTIFIERS

PGI 204.1601 Policy.

PGI 204.1603 Procedures.

PGI 204.1670 Cross reference to Federal Procurement Data System.

PGI 204.17 - SERVICE CONTRACT INVENTORY

PGI 204.1703 Reporting requirements.

PGI 204.18 -COMMERCIAL AND GOVERNMENT ENTITY CODE

PGI 204.1870 Procedures.

PGI 204.1870-1 Instructions to contracting officers.

PGI 204.1870-2 Maintenance of the CAGE file.

PGI 204.70 -PROCUREMENT ACQUISITION LEAD TIME

PGI 204.7001 Procedures.

PGI 204.71 -UNIFORM CONTRACT LINE ITEM NUMBERING SYSTEM

PGI 204.7103 Contract line items.

PGI 204.7103-2 Numbering procedures.

PGI 204.7104 Contract subline items.

PGI 204.7104-2 Numbering procedures.

PGI 204.7105 Contract exhibits and attachments.

PGI 204.7107 Contract accounting classification reference number (ACRN) and agency accounting identifier (AAI).

PGI 204.7108 Payment instructions.

PGI 204.72 -CONTRACTOR IDENTIFICATION

PGI 204.73 -SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING

PGI 204.7303 Procedures.

PGI 204.7303-1 General.

PGI 204.7303-2 Safeguarding controls and requirements.

PGI 204.7303-3 Cyber incident and compromise reporting.

PGI 204.7303-4 DoD damage assessment activities.

PGI 204.76 -SUPPLIER PERFORMANCE RISK SYSTEM

PGI 204.7603 Procedures.

PGI 204.1 -CONTRACT EXECUTION

PGI 204.101 Contracting officer's signature.

(1) Include the contracting officer's telephone number and, when available, e-mail/Internet address on contracts and modifications.

(2) The contracting officer may sign bilateral modifications of a letter contract before signature by the contractor.

PGI 204.2 -CONTRACT DISTRIBUTION

PGI 204.201 Procedures.

(1) The procuring contracting officer (PCO) retains the original signed contract for the contract file. Administrative contracting officers and termination contracting officers provide the original of each modification to the PCO for retention in the contract file. Unless otherwise directed by department/agency procedures, the office issuing the orders maintains the original of orders under basic ordering agreements and the original of provisioning orders; and

(2) Ensure that distribution of contracts and modifications is consistent with security directives.

(3) Use the following distribution procedures instead of those at FAR 4.201(b) through (f):

(i) Contracts and modifications shall be distributed electronically (except as provided at DFARS 204.270-1(a)) using the following methods:

(A) Indexed Portable Document Format files shall be sent via the Global Exchange system (GEX) to the Electronic Document Access (EDA) (http://eda.ogden.disa.mil) system to provide a human-readable copy of contract documents.

(B) Electronic data files depicting the contract shall be sent in at least one of the following formats via the GEX to EDA and to systems supporting specific offices as set forth in paragraph (ii) below. (Note that the GEX can be used to translate from the formats below to other formats. Organizations should send both formats in parallel unless validation failures have been eliminated.)

(1) American National Standards Institute X.12 Electronic Data Interchange standard transaction sets 850 and 860.

(2) Department of Defense Procurement Data Standard (PDS) Extensible Markup Language (XML) format: https://www.acq.osd.mil/asda/dpc/ce/ds/procurement-data-standard.html .

(ii) After contract execution, provide an electronic data file copy of the contract and modifications in either X.12 or PDS XML to the following:

(A) The contract administration office, if the contracting officer delegates contract administration to another office (see FAR Subpart 42.2). The contracting officer also should provide the contract administration office with a copy of the contract distribution list, indicating those offices that should receive copies of modifications, and any changes to the list as they occur.

(B) The payment office. Provide any modification that changes the payment office to both the new and the old payment offices.

(C) Each accounting office whose funds are cited in the contract.

(D) Each consignee specified in the contract. A transshipping terminal is not a consignee. The Defense Logistics Agency (DLA) is authorized to prescribe alternate procedures for distribution of contract documents in DLA Europe and Africa.

(E) The military interdepartmental purchase request requiring activity in the case of coordinated acquisition.

(F) The receiving activity, if the contract or modification provides initial or amended shipping instructions under DFARS 204.1603(b)(2)(ii)(1)(ii) and (iii).

(iii) Provide electronic notice of award via EDA to the following:

(A)(1) The appropriate Defense Contract Audit Agency (DCAA) office, as listed in DCAAP 5100.1, Directory of DCAA Offices, or as obtained through the DCAA cognizant field audit office locator, both available via the Internet at http://www.dcaa.mil, if the contract or modification is one of the following types:

(i) Cost-reimbursement.

(ii) Time-and-materials.

(iii) Labor-hour.

(iv) Fixed-price with provisions for redetermination, cost incentives, economic price adjustment based on cost, or cost allowability.

(v) Any other contract that requires audit service.

(2) If there is a question as to the appropriate DCAA field audit office, request the assistance of the DCAA financial liaison advisor or the nearest DCAA field audit office.

(B) Those organizations required to perform contract administration support functions (e.g., when manufacturing is performed at multiple sites, provide a copy to the contract administration office cognizant of each location).

(C) The cognizant administrative contracting officer when the contract is not assigned for administration but contains a Cost Accounting Standards clause. Indicate that the copy is provided “For Cost Accounting Standards Administration Only” (see FAR 30.601(b)); and

(D) The cognizant Defense Security Service office listed in DoD 5100.76-M, Physical Security of Sensitive Conventional Arms, Ammunition, and Explosives, when the clause at DFARS 252.223-7007, Safeguarding Sensitive Conventional Arms, Ammunition, and Explosives, is included in the contract. An extract of the pertinent information can be provided instead of the contract.

(iv) If electronic distribution is not available, provide one paper copy to each location identified in paragraphs (3)(i) through (iii) of this section.

PGI 204.270 Electronic Data Access.

PGI 204.270-2 Procedures.

(a) Contracting officers shall maintain an account in Wide Area WorkFlow (WAWF), which provides access to Electronic Document Access (EDA) to ensure their ability to validate and verify data and documents distributed to EDA, as necessary.

(b) Agencies shall perform, upon deployment of any contract writing system or other source of contractual documents to be posted to EDA, an analysis to verify adequate controls are in place to ensure that contract documents including attachments, and contract data posted to EDA are accurate representations of the contract. Analyses performed shall include the following—

(1) For documents posted in document formats (e.g., Portable Document Format (PDF)), verification that the electronic versions of contract documents posted to EDA are accurate representations of the contract; however, the electronic version is not required to display visual signatures; and

(2) For data sent to EDA in the data standards at 204.201, review of the data posted to EDA against the contract documents verified under 204.270 (b)(1) to ensure the contract data rendered in EDA is an accurate representation of the underlying contract. To facilitate this review process, all feeds of data to EDA in the Procurement Data Standard are initially placed in a view only evaluation mode, where the data is not available to other systems or outside users pending verification. Upon completion of the review of data, contracting organizations shall notify the EDA program office of the results of the review, with a list of the issuing offices of the contractual actions, the identifier of the system sending the actions, the version or versions of the data standards to which the review applies, and the locations of the systems sending the actions, directing one of the following decisions—

(i) Delete all data sent to date (in this case the system remains in evaluation status pending further review);

(ii) Delete all data sent to date, and change all subsequent data from 'evaluation' to 'compliant' status; or

(iii) Retain all data sent to date, and change all subsequent data from 'evaluation' to 'compliant' status.

(c) Contract deficiency reports.

(1) Contracting officers and all individuals tasked with creating, managing, or viewing contract deficiency reports (CDRs) shall establish and maintain an account in WAWF.

(2) Agencies that award or administer contracts, or perform pay office functions, should assign individuals within their organization to create, manage, and view CDRs within WAWF based on the following CDR user roles: initiator, reviewer, assignee, and view only.

(3) The contracting officer shall correct contract deficiencies identified in a CDR and document the steps taken to resolve the deficiency in the CDR.

(4) The CDR process.

(i) Creation. A CDR is created when a deficiency is identified in the procurement instrument. A list of types of CDR deficiencies is available at https://www.acq.osd.mil/asda/dpc/ce/ds/procurement-data-standard.html . The specifics of the deficiency shall be documented in the description in enough detail to provide the assignee an understanding of the problem.

(ii) Approval. Once a CDR is created, the initiator shall route the CDR to their local approval official for review.

(iii) Assignment. Once a CDR is approved, it is routed to the appropriate contracting activity for action.

(iv) Acceptance. A CDR must be accepted or returned by the contracting activity. If a CDR is determined to have been incorrectly assigned, the contracting activity can reassign the CDR to the proper organization (if known) or reject the CDR.

(v) Resolution. The assignee shall document the actions taken to resolve a CDR. If a modification has been issued to resolve the deficiency, it shall be identified in the CDR. Once all deficiencies identified on a CDR have been resolved, mark the CDR as resolved. All CDRs should be resolved within 30 days of approval.

(vi) Close. After resolution of a CDR, the initiator of the CDR can accept the resolution and manually close the CDR or return it to the assignee for further action. CDRs not manually closed or returned by the initiator to the assignee within 60 days after resolution will automatically be closed. Once the CDR is closed, a notification is generated advising that the CDR is closed.

(5) Additional information on the CDR module of WAWF is available at https://wawf.eb.mil.

PGI 204.4 -SAFEGUARDING CLASSIFIED INFORMATION WITHIN INDUSTRY

PGI 204.402 -General.

(1) The use of “Not Releasable to Foreign Nationals” (NOFORN) caveat on Department of Defense (DoD) Information, to include contract documents, shall not be applied to non-intelligence information except for Naval Nuclear Propulsion Information and the National Disclosure Policy document (NDP-1).

(2) Agencies shall not restrict procurements on the basis of foreign origin but rather on the level of security clearance required by industry to submit an offer and perform on the contract.

PGI 204.403 Responsibilities of contracting officers.

(1) Consistent with the requirements at FAR Subpart 4.403, contracting officers shall ensure that solicitations, to include any Broad Agency Announcement (BAA) or notice to industry, that requires industry access to classified information and/or controlled unclassified information (see policy memos), shall contain one or more of the following:

(i) Draft DoD Form DD 254, DoD Contract Security Classification Specification.

See Defense Security Service (DSS) guide for the preparation of the DD Form 254 at http://www.dss.mil/isp/tools.html and select “A Guide for the Preparation of a DD Form 254”.

(ii) The clause at FAR 52.204-2, Security Requirements.

(iii) Detailed agency instructions for industry requirements to request access to classified information and/or controlled unclassified information. Agency instructions shall clearly reference and be in accordance with the National Industrial Security Program Operating Manual (NISPOM) (DoD 5220-22-M) and Industrial Security Regulation (DoD 5220.22-R).

(iv) The following is a template of agency instructions to industry:

“Offerors must have a valid U.S. security clearance of [to be filled in by the contracting officer] or higher in order to respond to this RFP (Announcement), because the RFP (Announcement) includes an annex (information) classified at the [to be filled in by the contracting officer] level which will be released only to offerors possessing the appropriate clearance. All classified material must be handled in accordance with the National Industrial Security Program Operating Manual (NISPOM) (DoD 5220-22-M) and Industrial Security Regulation (DoD 5220.22-R).”

(2) Fundamental research project determination.

(i) Projects being scoped as fundamental research may include the entire contract effort or a specified portion of the statement of work, and must be documented in the written determination and in the contract.

(ii) The determination of fundamental research shall occur when the project is added to the statement of work, either prior to award or during a contract modification that modified the statement of work.

(iii) Fundamental research is defined in the USD(A&S) memorandum on Fundamental Research, dated May 24, 2010.

(iv) See clause 252.204-7000(a)(3), concerning disclosure of information for fundamental research projects.

PGI 204.6 -CONTRACT REPORTING

As used in this subpart, the unique entity identifier is currently the Data Universal Numbering System (DUNS) number.

PGI 204.602 General.

(1) Helpful documents. The Federal Procurement Data System (FPDS) website at https://www.fpds.gov provides useful documents and on-line training to assist with FPDS data entry. Key manuals can be found at the top of the website homepage under the “Training” and “Worksite” drop-down links to include:

(i) FPDS Data Element Dictionary. The data dictionary outlines relevant information for each data field. The Data Dictionary identifies whether a data field is “Required,” “Optional,” “Propagates from the base action,” “Not Applicable,” or “System Generated,” for each type of data entry screen (Awards, Indefinite-Delivery Vehicles, and Transactions/Modifications). It also identifies the source of data entry (e.g., Contracting Officer, System for Award Management (SAM), FPDS); the format of the field; and whether the field input is derived from entries in other fields. At the back of the Data Dictionary is a useful summary.

(ii) FPDS Data Validations. This document identifies all the validation rules that are applied to data entry. The majority of the rules apply Governmentwide. DoD specific validation rules appear at “5.5.1 DoD Specific Validations.”

(iii) FPDS Users Manual. This manual provides guidance on the various types of data entry screens and addresses whether a particular field is: “[R]” – requires contracting officer/buyer entry; “[A]” – pre-populated by FPDS or a contract writing system, if using machine-to-machine process; or “[C]” – calculated by FPDS for each type of data entry screen. However, the nature of the field is determined based on Governmentwide requirements. To determine DoD-specific requirements, refer to J3 “DoD Use Case Summary” in the FPDS Data Element Dictionary. The FPDS User Manual is not a policy document; it is intended only for general guidance. Refer to this PGI section for specific FPDS reporting entries.

(2) Reporting technical or policy issues.

(i) Technical issues. To report an FPDS technical issue—

(A)(1) Users of the Standard Procurement System (SPS) should contact their local SPS Help Desk (authorized SPS caller);

(2) Users of other contract writing systems should contact the local contract writing system administrator to determine the appropriate procedures; and

(3) Web users should contact their local system administrator, who will then contact the FPDS Help Desk; or

(B) If the issue is an obvious FPDS technical issue that needs to be documented and corrected by the system, the user should contact the Federal Service Desk (FSD), by telephone at 866-606-8220 (U.S. or DSN), or 334-206-7828 (International), or submit a comment or request at www.fsd.gov. When e-mailing FSD, also send a copy to the applicable agency representative identified in paragraph (2)(iii) of this section.

(ii) Policy issues. Report policy issues to the applicable agency representative identified in paragraph (2)(iii) of this section.

(iii) Agency representatives. Department and component FPDS representatives and their contact information can be found on the Defense Pricing, Contracting, and Acquisition Policy website at https://www.acq.osd.mil/asda/dpc/ce/cap/fpds.html#data-improvement under “Additional Resources.”

PGI 204.604 Responsibilities.

(1) The OSD Procurement Data Improvement Plan, posted at https://www.acq.osd.mil/asda/dpc/ce/cap/data-improvement.html , applies to each of the military services and agencies with procurement authority, and identifies the data validation requirements and responsibilities that support the annual Department of Defense certification identified at FAR 4.604(c). These review requirements encompass contract action reports submitted to FPDS, terminations for default and other documents submitted to the Federal Awardee Performance and Integrity Information System (FAPIIS), and other reporting and posting requirements.

(2) Contract action reports (CARs) must be completed in compliance with the timelines established in FAR 4.604(b)(2) and (3). CARs or their data are not available for public view or for non-DoD use until 90 days after the “Date Signed” data element in order to minimize risk to military operations.

PGI 204.606 Reporting data.

Do not enter a generic DUNS number used for reporting to the Federal Procurement Data System (FPDS) (see FAR Subpart 4.6), nor a generic CAGE code that corresponds to a generic DUNS number, on any contractual document. These generic codes shall only be used for reporting to FPDS. Using the generic codes on actual contract actions masks the true identity of the vendor and immediately makes any accurate electronic processing of invoices, receiving reports, and payments impossible; and can, in fact, result in misdirected payments. As a reminder FAR Subpart 4.18 requires each contractor be identified by its actual CAGE code on contract actions; there is no exemption to the requirement for an actual CAGE code.

(1) Methods of reporting to FPDS.

(i) Individual contract action report (CAR) (one CAR per contract action). The normal method of reporting to FPDS is through the use of individual CARs.

(A) An individual CAR is required to be reported for each of the following types of awards regardless of the estimated value of the award:

(1) Indefinite-delivery contract.

(2) Blanket purchase agreement (prescribed by FAR parts 8 or 13).

(3) Basic ordering agreement.

(4) Basic agreement (only if the agreement has a value and potential obligations greater than $0).

(5) Task and delivery orders and calls issued under any agreement or indefinite-delivery contract (including Federal Supply Schedules, Governmentwide acquisition contracts, or multi-agency contracts).

(6) Modification to any contract, agreement, order, or call where a CAR is required for the base award regardless of the amount being obligated or deobligated on the modification.

(B)(1) An individual CAR is required to be reported for each of the following types of awards when the award process was conducted using other than micro-purchase procedures and the value is greater than the micro-purchase threshold (MPT):

(i) Purchase order.

(ii) Definitive contract.

(2) Although a contract action report is not required for these awards when micro-purchase procedures were followed and the value is less than the MPT, it is encouraged as a best practice if the award was not accomplished using the Governmentwide commercial purchase card (GPC) or a Standard Form 44. Additionally, when the purchase order or definitive contract being awarded is in response to a contingency, an individual report is required when the value of the award is greater than $25,000, not the MPT of $35,000 referenced in FAR part 2.

(C) See paragraphs (1)(ii) and (iii) of this section for exceptions to individual reporting.

(ii) Multiple CARs (more than one CAR per contract action).

(A) Prepare multiple CARs if the contract or order award is anticipated to include both foreign funding and U.S. funding.

(B) The determination of whether multiple CARs are needed for the situations described in paragraph (1)(ii)(A) of this section is made when the contract or order is awarded. Contracting officers are not required to delete and re-enter CARs in FPDS as multiple CARs if, during the life of the contract or order, subsequent unanticipated modifications make the award eligible for multiple CARs.

(C) The following multiple CAR transaction identification numbers have been established for reporting multiple CARs and shall be used by all DoD contracting offices. Do not use transaction numbers other than “0” if the requirements for multiple CARs in paragraphs (1)(ii)(A) and (B) of this section do not apply at the time of contract or order award. When reporting modifications, include the transaction number that was reported on the initial base award in order to properly identify the referenced contract action report. If the situation described in paragraph (1)(ii)(A) of this section exists, transaction numbers should be assigned based on foreign military sales (FMS) and non-FMS rather than by type of contract pricing arrangement. Do not use multiple CARs with transaction numbers other than “0” if the entire award is expected to be funded by foreign funding.

(iii) Express reporting (consolidated reporting of multiple contract actions, to be submitted at least monthly).

(A) Express reporting may be used for—

(1) Multiple contract actions against a single contract or agreement, when monthly volume of actions is such that individual contract action reporting is overly burdensome (e.g., orders placed by the Defense Commissary Agency; installation housing maintenance; and recurring blanket purchase agreement actions);

(2) Multiple contract actions accomplished away from the contracting office, such as ships away from home port; contingency, humanitarian, or peacekeeping operations; or other remote deployments;

(3) Multiple delivery orders that use the GPC as both the method of purchase and payment under Federal Supply Schedules, Governmentwide acquisition contracts (GWACs), blanket purchase agreements (BPAs), basic ordering agreements (BOAs), and other indefinite-delivery type contracts;

(4) Multiple contract actions for energy-related supplies and associated services accomplished by Defense Logistics Agency (DLA) Energy; and

(5) Orders under communications service agreements for local dial tone services, in accordance with agency procedures.

(B) When express reports reflect more than one contractor for overseas actions or consolidated delivery orders made using the GPC where identification of the contract or agreement is not possible, use the appropriate generic DUNS number.

(C) When express reports are used, sum all of the actions and enter in the “Number of Actions” data field. Also sum all of the obligations and enter in the “Action Obligation,” “Base and Exercised Options Value,” and “Base and All Options Value” data fields. Express reports shall be submitted no less frequently than monthly.

(D) When express reports are used, the contracting officer must maintain a log of individual actions being summarized on the express reports and ensure it is available for audit purposes. Logs must include the following, at a minimum, for each action: procurement instrument identifier (PIID) used for the express report under which action is summarized, referenced Indefinite-Delivery Vehicles (IDV) PIID (if the express report is summarizing task/delivery/call orders), date of award, obligation amount, vendor name, and DUNS number (if known).

(2) Actions not reported. In addition, to the types of actions listed in FAR 4.606(c), do not report the following types of actions to FPDS:

(i) Orders placed by ordering officers against IDVs awarded by—

(A) The United States Transportation Command (USTRANSCOM) or its components for decentralized transportation-related services. USTRANSCOM will report these orders. Contracting officers shall submit consolidated reports of orders (bookings/bills of lading) at least annually to USTRANSCOM; or

(B) DLA Energy for energy-related supplies and associated services using defensewide working capital funds. DLA Energy will report these orders. It is the responsibility of the contracting office to ensure that orders placed against these vehicles using other than defensewide working capital funds are reported to FPDS.

(ii) Contracts, agreements, or orders that are themselves classified.

(3) Specific instructions for entering data in FPDS.

(i) Contracting officers shall choose the correct FPDS format (e.g., purchase order, basic ordering agreement (BOA), blanket purchase agreement (BPA)) to report the award of a new contract, agreement, or order. Note that prior to fiscal year (FY)10, DoD offices reported BOAs and BPAs as IDCs in FPDS; BPA calls issued under those pre-FY10 reported BPAs are reported using the task/delivery order format in FPDS. BPA calls issued under DoD issued BPAs reported FY10 or later or any civilian agency issued BPA should be reported using the BPA call format.

(ii) The remaining instructions in this section cover the different sections of an FPDS contract action report, as presented to the user in the system. Not every data element is addressed here, as many are self-explanatory. Users should also consult the FPDS User Manual referenced in PGI 204.602 (1)(iii) for more complete descriptions and examples. Also, the instructions in this section use data field names based on what is shown to the user while entering data in FPDS; for more specific information, review the FPDS Data Element Dictionary referenced in PGI 204.602 (1)(i).

(iii) FPDS Entry – Document Information Section.

(A) Enter the new contract, agreement, or order number in the “Procurement Instrument Identifier” data field. Note that new awards will be reflected as Modification 0 in FPDS.

(B) If the action is a BPA awarded against a Federal Supply Schedule, enter the Federal Supply Schedule contract number in the “Referenced IDV ID” data field.

(C) If the action is a delivery order awarded against a Federal Supply Schedule, Governmentwide acquisition contract (GWAC), BOA, or other IDC; enter that contract or BOA number in the “Referenced IDV ID” data field.

(D) If the action is a BPA call awarded against a BPA, enter the BPA number in the “Referenced IDV ID” data field.

(E) If the action is a modification, enter the contract, agreement, or order number in the “Procurement Instrument Identifier” data field and the modification number in the “Modification Number” data field.

(F) If multiple reports are required by paragraph (1)(ii) of this section, then enter the appropriate transaction number in the “Transaction Number” data field.

(G) If the award is associated with a solicitation, enter the solicitation number in the “Solicitation ID” data field.

(H) If the award is associated with an initiative identified in FPDS (e.g., American Recovery and Reinvestment Act), choose the appropriate value in the “Treasury Account Symbol Initiative” data field.

(iv) FPDS Entry –Treasury Account Symbol (TAS) data fields.

(A) TAS data fields are no longer required to be entered in FPDS (as of July 2016) and should be left blank; however, if correcting TAS data fields on a previously reported contract action report follow the instructions in this section.

(B) The TAS should be provided by the requiring organization with the purchase request, and is often part of the line of accounting. The list of valid TAS is maintained by the Department of Treasury in the FASTBook; an on-line version of the FASTBook is available at http://www.fms.treas.gov/fastbook/index.html. Each TAS reported to FPDS includes a character agency identifier and a four character main account code (example: 97 0100). Some TAS also require a three character subaccount code. Note that the Department of Treasury FASTBook indicates a transition from a two character agency identifier to a three character agency identifier. However at this time, DoD contracting officers are advised to drop the leading zero (0) from a three character agency identifier, and enter the next two characters in FPDS (e.g., 097 becomes 97).

(C) Report the TAS on CARs for each contract action with an obligation amount other than $0. The TAS that is reported on a CAR should represent the predominant type of funding in terms of absolute dollars obligated and deobligated on the specific contract action being reported.

(D) For contract actions awarded by working capital funds offices, and the original type of funds received from the customer are not tied to specific procurements or otherwise identifiable, use the TAS that represents the working capital funds provided.

(E) For contract actions funded by foreign governments, and those funds are not considered under the Foreign Military Financing Program identified by the Department of Treasury in its FASTBook, in order to report the action to FPDS using the code that most closely approximates the use of the funds, then enter—

(1) 97 0100 (Operation and Maintenance, Defense-Wide, Defense) as the TAS for requirements that can be categorized as operations and maintenance in nature;

(2) 97 0300 (Procurement, Defense-Wide) as the TAS for requirements that can be categorized as procurement in nature; or

(3) 97 0400 (Research, Development, Test, and Evaluation, Defense-Wide) as the TAS for requirements that can be categorized as research and development in nature.

(F) USTRANSCOM should use 97 0100 (Operation and Maintenance, Defense-Wide, Defense) as the TAS when reporting the consolidated orders of from their decentralized transportation-related services contracts.

(v) FPDS Entry – Dates Section.

(A) The “Date Signed” data field represents the date the contracting officer signed or otherwise awarded the contract action.

(B) The “Effective Date” data field represents the date the period of performance begins. For actions where an authorization to proceed was given prior to the signed contract action, use the date of the authorization in this data element.

(C) The date entered in the “Completion Date” data field shall be the latest period of performance / delivery date of all of the exercised line items on the contract or order. This data field shall be updated on the contract action report used to report the modification whenever line items are added or exercised by modification that extend the period of performance / delivery date beyond what was previously entered, including the exercise of any option years.

(D) The date entered in the “Estimated Ultimate Completion Date” data field shall be the latest period of performance / delivery date of all line items on the contract or order, including unexercised line items and option years. This data field shall be updated on the contract action report used to report the modification whenever line items are added or changed by modification that extend the period of performance/delivery date beyond what was previously entered.

(E) The date entered in the “Last Date to Order” data field on IDCs, BOAs, and BPAs shall be the last date allowed by the contract for the contractor to accept orders. This data field shall be updated whenever this date is changed by modification from what was previously entered.

(F) The “Solicitation Date” data field generally represents the date an invitation for bids, request for quotations, or request for proposals was issued to potential bidders or offerors. However, follow the instructions below for other situations where an invitation for bids, request for quotations, or request for proposals is not issued:

(1) When the action is the award of an order using existing pre-priced line items under an ordering instrument where no proposal is required (i.e., there are no elements of the delivery or performance to negotiate)—

(i) Orders under single-award indefinite delivery vehicles, BPA calls under single-award BPAs issued under FAR part 8, and BPA calls under BPAs issued under FAR part 13. Use the date the procurement-ready requirements package (including funded purchase request or MIPR) was provided to the contracting office as the “Solicitation Date”. If unknown, use the date of the award of the order as the “Solicitation Date”.

(ii) Orders under multiple-award indefinite delivery contracts and BPA calls issued under multiple-award BPAs issued under FAR part 8. Use the date of the survey of the multiple-award contracts or BPAs prices in accordance with FAR part 8 or 16 procedures.

(2) When the action is the award of a contract under a broad agency announcement (BAA), use the date when a final (not draft) combined synopsis/solicitation is issued as the “Solicitation Date” except—

(i) For two-step BAAs, including white paper submissions for review, selection, and subsequent request for full proposals, the “Solicitation Date” is the date when the contracting officer signs the proposal request;

(ii) Under BAAs with calls, the “Solicitation Date” is the date when the individual call is issued; or

(iii) For open BAAs, when white papers and/or proposals are accepted for review over an extended period (typically open for a year or longer), the “Solicitation Date” is either the date when the contracting officer signs a proposal request (white papers) or the date on which the proposal is submitted, whichever is earlier.

(3) For awards made in response to unsolicited proposals, the “Solicitation Date” is the date when the offeror is notified of proposal acceptance for negotiations and/or award.

(4) For orders placed under indefinite-delivery contracts or agreements, do not use the solicitation date from the indefinite-delivery contract or agreement as the date issued in the “Solicitation Date” field unless the order was awarded at the same time as the indefinite-delivery contract or agreement.

(vi) FPDS Entry – Amounts Section.

(A) When entering a net deobligation on a contract action, include the minus (-) sign.

(B) The amount entered in the “Base and Exercised Options Value” for new awards shall be the total value (represented in U.S. dollars and cents) of all the exercised line items on the contract or order regardless of whether they are partially or fully funded. This data field shall be updated on the contract action report used to report the modification whenever the current value of the contract or order is changed by modification, including when options are exercised. When reporting such a modification, report the net value of the change itself in “Current” field; FPDS will calculate the new total Base and Exercised Options Value. When an Administrative Contracting Officer (ACO) executes a modification and the previous value reported in FPDS is incorrect, the ACO shall notify the procuring contract office of the discrepancy and enter the appropriate value in the “Current” field of the “Base and Exercised Options Value” to ensure a correct total is represented. The ACO shall document the correction of the discrepancy in the contract file.

(C) The amount entered in the “Base and All Options Value” for new awards shall be the total potential value of the award (represented in U.S. dollars and cents) (e.g., total price, total not-to-exceed amount, maximum award amount, etc.), including the value of all unexercised line items and options. For blanket purchase agreements and basic ordering agreements, enter the total expected amount for orders that will be issued. Note: on IDV formats in FPDS, this data element is named “Base and All Options Value (Total Contract Value).”

(1) For each IDC resulting from a solicitation where multiple awards were contemplated, this is the maximum for that resulting specific contract. Note: this amount is not always the same as the ceiling for the program under which multiple contracts were awarded. Each contract shall have a specific ceiling identified for that specific period (see FAR 16.504(a)(4)(ii)).

(2) This data field shall be updated on the contract action report used to report the modification whenever the total potential value is changed by modification, including changes made as a result of overruns or claims. When reporting such a modification, report the net value of the change itself in “Current” field; FPDS will calculate the new total Base and All Options Value. When an ACO executes a modification and the previous value reported in FPDS is incorrect, the ACO shall notify the procuring contract office of the discrepancy and enter the appropriate value in the “Current” field of the “Base and All Options Value” to ensure a correct total is represented. The ACO shall document the discrepancy correction in the contract file.

(D) The amount entered in the “Action Obligation” for new awards shall be the total value of all the obligated funds on the contract or order, represented in U.S. dollars and cents. When reporting a modification, report the net value of the change in funding accomplished by the modification in the “Current” field; FPDS will calculate the new total action obligation value. When an ACO executes a modification and the previous value reported in FPDS is incorrect, the ACO shall notify the procuring contract office of the discrepancy and enter the appropriate value in the “Current” field of the “Action Obligation Value” field to ensure a correct total is represented. The ACO shall document the discrepancy correction in the contract file.

(E) The amount entered in the “Total Estimated Order Value” for new IDC awards shall be the total estimated value of all anticipated orders to be placed under the contract. For DoD, this value should match the “Base and All Options” value, as DoD does not obligate funds on indefinite-delivery contracts themselves.

(vii) FPDS Entry – Purchaser Information Section.

(A) Enter the contracting office’s DoD Activity Address Code (DoDAAC) in as the “Contracting Office ID” data field.

(B) If the requiring organization is a DoD organization, enter the DoDAAC for the requiring office in the “Funding Office ID” data field. This is normally the DoDAAC that is included on the purchase request in the purchase request number. If the contract action is supporting working capital funded efforts and the specific requiring office is unknown, enter the DoDAAC for the working capital funded office. Do not enter the DoDAAC from the contracting office in the “Funding Office ID” field unless the contracting office is also the requiring organization.

(C) If the requiring organization is not a DoD organization, enter the Funding Office ID provided on the interagency agreement in the “Funding Office ID” data field.

(D) Choose the appropriate value in the “Foreign Funding” data field as to whether or not the action includes foreign funding that is identified as FMS. If the action does not include foreign funds, choose “Not Applicable.”

(viii) FPDS Entry – Contractor Information Section.

(A) Enter the DUNS number for the vendor in the “DUNS Number” data field. This DUNS number will be used to pull the associated current record from the System for Award Management (SAM) database.

(B) If a SAM exception applies to the procurement, ensure the correct exception is chosen from the “SAM Exception” data field. In this case the DUNS number entered in the “DUNS Number” data field will be used to pull the contractor’s name and location information from Dun & Bradstreet’s database.

(ix) FPDS Entry – Contract Data Section.

(A) On the contract action report used to report the base award, choose the type of contract pricing in the “Type of Contract” data field that is applicable to the predominant amount of the action, based on the value of the line items. This value will automatically populate any subsequent contract action reports for modifications.

(B) If the procurement is for services, enter the appropriate Inherently Governmental Functions indicator:

(1) “Closely Associated” means functions that are closely associated with inherently governmental functions; those contractor duties that could expand to become inherently governmental functions without sufficient management controls or oversight on the part of the Government. Office of Federal Procurement Policy (OFPP) Policy Letter 11–01, Performance of Inherently Governmental and Critical Functions, provides examples of work that is inherently governmental and therefore must be performed by Federal employees and work that is closely associated with inherently governmental functions that may be performed by either Federal employees or contractors.

(2) “Critical Functions” means functions that are necessary to the agency being able to effectively perform and maintain control of its mission and operations. Typically, critical functions are recurring and long-term in duration.

(3) “Other Functions” means neither “Closely Associated Functions” nor “Critical Functions.”

(4) For services that include performing both “Closely Associated” and “Critical Functions,” select “Closely Associated, Critical Functions.”

(5) If services include performing “Other Functions” and either “Closely Associated” or “Critical Functions,” select only the “Closely Associated” or “Critical Functions” value.

(C) Enter “Yes” in the “Multiyear Contract” field if the procurement is a multiyear contract in accordance with FAR 17.1; otherwise enter “No.”

(D) Enter the full name of the program, not an acronym or abbreviation, in the “Major Program” field if there is an associated program name. Contracts and agreements with ordering provisions established as multi-agency contracts or for wide use within an agency shall always include a program name in order to ensure they are correctly represented in the Interagency Contract Directory (ICD) (see FAR 7.105(b)(1) for website).

(E) If the procurement is as a result of a requirement responding specifically to a National Interest Action that is listed in this field (for example, “Hurricane Sandy” or “Operation Enduring Freedom (OEF),”) then select the appropriate value. Otherwise, enter “None.”

(F) For indefinite-delivery contracts, enter the appropriate type of IDC in the “Type of IDC” field: Indefinite Quantity, Requirements, or Definite Quantity.

(G) For IDVs in the “Multiple or Single Award IDV” field:

(1) Select “Multiple Award” when the contract action is—

(i) One of several indefinite-delivery indefinite-quantity (IDIQ) contracts awarded under a single solicitation in accordance with FAR 16.504(c);

(ii) One of several blanket purchase agreements (BPAs) awarded against a Federal Supply Schedule in accordance with FAR 8.405-3;

(iii) Any other IDIQ contract that an agency enters into with two or more sources under the same solicitation that requires contracting officers to compare or compete their requirements among several vendors; or

(iv) A part 13 BPA or Basic Ordering Agreement (BOA) with multiple awards.

(2) Select “Single Award” when the contract does not satisfy any of the above criteria for a multiple award.

(H) When reporting the initial award of IDCs and agreements that allow orders to be placed by other contracting offices, enter the acronym or short abbreviation of the program name for the program supported by the contract or agreement with ordering provisions in the “Program Acronym” field. Contracts and agreements with ordering provisions established as multi-agency contracts or for wide use within an agency shall always include an acronym or abbreviated program name, and the first five characters of this field shall be:

(1) “FSSI-" for a federal strategic sourcing initiative (FSSI) vehicle.

(2) “MMAC-" for a multiple-award multi-agency contract.

(3) “SMAC-" for a single-award multi-agency contract.

(4) “MBPA-" for a blanket purchase agreement available for use outside of the Department of Defense.

(5) “AGYV-" for an agency-wide acquisition vehicle. For the purpose of this section, an agency-wide acquisition vehicle is an IDC, BPA, or basic ordering agreement intended for the sole use of the Department of Defense. These may be for DoD-wide use or limited to one or more specific Military Services or Defense Agencies.

(I) In the “Cost or Pricing Data” field, enter “Yes” if certified cost and pricing data were obtained. Enter “Not Obtained – Waived” if the requirement for certified cost and pricing data was waived. Enter “No” if certified cost or pricing data were not obtained and no waiver was required. See FAR 15.403for the requirements for certified cost and pricing data.

(J) Enter “Yes” in the “Purchase Card as Payment Method” field if the GPC was used as the method of payment or as both the method of purchase and payment for the contract action. Enter “No” if neither was the case.

(K) In the “Undefinitized Action” field, enter “Letter Contract” if the procurement is a letter contract that meets the description in FAR 16.603-1. Enter “Other Undefinitized Action” if the procurement is for any other unpriced action that shall be subsequently definitized. Enter “No” if neither of these situations is applicable.

(L) Enter “Yes” in the “Performance Based Service Acquisition” field if the procurement is for services and performance based acquisition procedures were used. Enter “No” if the procurement is for services and performance based acquisition procedures were not used. Enter “Not Applicable” if the procurement is not for services.

(M) In the “Contingency Humanitarian Peacekeeping Operation” field, enter “Contingency” if the procurement is in response to a contingency operation as defined in 10 U.S.C. 101(a)(13) or “Humanitarian” if the procurement is in response to a humanitarian or peacekeeping operation as defined in 10 U.S.C. 3015(2). Otherwise, enter “Not Applicable.”

(N) In the “Cost Accounting Standards Clause” field, enter “Yes” if the procurement was subject to cost accounting standards (CAS) and the associated clauses were included in the contract. Enter “No – CAS Waiver Approved” if the procurement is subject to CAS but a waiver was approved. Enter “Not Applicable” if neither situation applies.

(O) Consolidated Contract.

(1) Enter “Consolidated Requirements” when the requirements meet the definition of “Consolidation or consolidated requirement” at FAR 2.101 but a written determination was not made because the estimated value of the requirements were at or below $2 million, or the requirements are bundled and a written determination for bundling is required.

(2) Enter “Consolidated Requirements with Written Determination” when the requirements meet the definition of "Consolidation or consolidated requirement" at FAR 2.101 and a written determination is made in accordance with FAR 7.107-2.

(3) Enter “Consolidated Requirements Under FAR 7.107-1(b) Exceptions” when the requirements meet the definition of "Consolidation or consolidated requirement" at FAR 2.101 but do not require a written determination in accordance with FAR 7.107-1(b).

(4) Enter “Not Consolidated” when the requirements do not meet the definition of "Consolidation or consolidated requirement" at FAR 2.101.

(P) Enter “1” in the “Number of Actions” data field unless using Express Reporting procedures described in paragraph (1)(iii) of this section.

(x) FPDS Entry – Legislative Mandates Section.

(A) For the “Clinger-Cohen Act,” “Labor Standards,” “Materials, Supplies, Articles, and Equipment,” and “Construction Wage Rate Requirements” data elements, answer “Yes” if the acts apply to any of the line items on the award. Choose “Not Applicable” if the act itself is not applicable based on implementation requirements in the FAR for each act (see FAR subparts 22.10, 22.6, and 22.4, respectively), or choose “No” if the act is applicable, but the associated clauses were not included in the award. For the “Clinger-Cohen Act”, choose “No” if either the Act is not applicable or the planning requirements from the act were not accomplished.

(B) Indicate in the “Interagency Contracting Authority” data field if the action is subject to the Economy Act, a different statutory authority, or if interagency authorities are not applicable. If the contracting officer selects “Other Statutory Authority” in the “Interagency Contracting Authority”, they shall enter the name of the other authority in the associated text box.

(C) In the “Additional Reporting” data field, select each value that represents reporting to be accomplished by the contractor that is required by the contract. Multiple values may be selected.

(1) If none of the reporting requirements apply, select “None of the Above.”

(2) Select “Service Contract Inventory FAR 4.17” if FAR clause 52.204-14, Service Contract Reporting Requirements, is present in the contract.

(3) Select “Employment Eligibility Verification (52.222-54)” if FAR clause 52.222-54, Employment Eligibility Verification, is included in the contract or if 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial, is included in the contract and sub-paragraph (34) is checked for 52.222-54, Employment Eligibility Verification.

(xi) FPDS Entry – Principal Place of Performance Section.

(A) For supplies, the data entered in this section shall reflect the predominant place where manufacturing occurred or where procured finished products were taken out of inventory. Do not enter the Government delivery location. When the manufacturing or inventory location is unknown, and the contractor has not provided a separate address for the place of performance in FAR provision 52.214-14 or 52.215-6 with its offer, enter the contractor’s physical address that corresponds with its registration in the System for Award Management (SAM) that is identified by its DUNS number and CAGE code.

(B) For services, identify the location that represents the predominant place the services are performed. For services that start performance in one location and complete performance in a different location, such as transportation and cargo shipment services, the completion or destination location shall be entered. If the contract or order has multiple destination locations, enter the location where the predominant amount is being delivered.

(C) For place of performance based in the United States, ensure the zip code + 4 data element is entered. This will populate the city and state fields accordingly. Zip codes and their +4 extensions can be identified at the United States Postal Service website (www.usps.com). When a “+4” extension cannot be determined for a zip code (for example, in a highly rural area or at a location with a vanity address), choose the “+4” extension that represents the area nearest to the place of performance.

(xii) FPDS Entry – Contract Marketing Data Section. This section applies to IDVs (i.e., BOAs, BPAs, and IDCs) only.

(A) Enter the website in the “Website URL” data field where a new user would find the best information about ordering under the vehicle. This is an optional field, but each multi-agency contract being reported should include one.

(B) In the “Who Can Use” data field, choose the value that best represents which agencies are allowed to have their contracting officers place orders under the vehicle. If only the office that awarded the IDV is allowed to place orders under the vehicle, choose “Only My Agency”. Do not list codes or text under the “Codes” or “Other” options unless the vehicle only allows very specific parts of agencies to place orders.

(C) Include in the “Email Contact” data element the specific email of the contracting officer responsible for the IDV who is able to answer questions concerning ordering. A group email address may only be used in this field if it is continuously monitored.

(D) Enter the maximum dollar value of each order that may be issued under the vehicle in the “Individual Order / Call Limit” field.

(E) Enter the fee charged to the ordering agency for allowing the ordering agency to place an order under the specific vehicle. The fee may be identified as a fixed percentage, an upper and lower amount if based on a varying factor, or as “no fee.” This is not the fee paid to a contracting office for placing an order on behalf of a requiring office.

(F) Enter a brief description of ordering instructions in the “Ordering Procedure” data field. If the “Website URL” field is entered, this field is not required to be completed; however, ensure that the website provided gives the user enough information to be able to place an order.

(xiii) FPDS Entry – Product or Service Information Section.

(A) For the “Product or service code (PSC)” data field choose the code that best represents the predominant amount of supplies or services being procured on the award. The list of active PSCs for use in FPDS reporting is available on the FPDS website under the “Worksite” section under “Reference.”

(B) For the “Principal NAICS code” data field, enter the NAICS code that best represents the type of industry related to the predominant amount of supplies or services being procured on the award. If the award was a result of a solicitation that included any of the following provisions, use the NAICS code that was included in the provision: 52.204-8, Annual Representations and Certifications; 52.212-3, Offeror Representations and Certifications – Commercial Products and Commercial Services; or 52.219-1, Small Business Program Representations. The list of active NAICS codes for use in FPDS reporting is available on the FPDS website under the “Worksite” section under “Reference”.

(C) Contract bundling.

(1) Enter “Bundled Requirements” when the requirements meet the definition of “Bundling” at FAR 2.101.

(2) Enter “Substantially Bundled Requirements” when the requirements meet the definition of “Bundling” at FAR 2.101 but has an estimated value outlined at FAR 7.107-4, Substantial bundling.

(3) Enter “Bundled Requirements Under a FAR 7.107-1(b) Exception” when the requirements meet the definition of “Bundling” at FAR 2.101 but do not require a written determination in accordance with FAR 7.107-1(b).

(4) Enter “Not Bundled” when the requirements do not meet the definition of “Bundling” at FAR 2.101.

(D) Enter in the “DoD Acquisition Program” data field—

(1) The Centralized Unique Program Identification (CUPID), also known as a program number, when the acquisition is part of an acquisition program for which a CUPID has been designated. The CUPID is the unique authoritative identifier for all DoD acquisition programs. CUPIDs are 3 alphanumeric characters. If needed, use the code look-up table provided for the data element in the CAR to identify the appropriate code.

(2) The appropriate following code if a new award is associated with one of the following programs or activities:

(i) ZBL – for Performance-Based Logistics (PBL) support.

(ii) ZRS – for Randolph-Sheppard Act dining facilities.

(iii) ZBC – for Base Realignment and Closure (BRAC) environmental activities.

(iv) ZDE – for Defense environmental and restoration programs.

(v) ZOP – for other environmental programs.

(vi) ZSE – for Environmental Protection Agency (EPA) Superfund activities.

(vii) ZSF – prescribed under a Status of Forces Agreement (SOFA).

(3) “000” if neither (1) or (2) in this section apply.

(E) Enter the country code where products were manufactured or performance of services occurred in the “Country of Product or Service Origin” data field. If needed, use the code look-up table provided for the data element in the CAR to identify the code for a country.

(F) Place of Manufacture.

(1) Choose “Not a Manufactured End Product” when the procurement is for services or for unmanufactured end products (e.g., ores, food, animals).

(2) Choose “Manufactured Outside the U.S. – Use Outside the U.S.” when the procurement is for supplies acquired for use outside the United States.

(3) If the procurement is for supplies to be used inside the United States, choose one of the following:

(i) “Manufactured in the U.S.” when the supplies that are considered domestic end products (see FAR 25.101).

(ii) “Manufactured Outside the U.S. – Trade Agreements” when the supplies are acquired subject to a Trade Agreement (see FAR 25.4) where the Buy American Act requirements have been waived.

(iii) The exception to the Buy American Act that was used in the procurement when the supplies are considered foreign end products (see FAR 25.103):

(A) “Manufactured Outside the U.S. – Public Interest.”

(B) “Manufactured Outside the U.S. – Domestic Nonavailability.”

(C) “Manufactured Outside the U.S. – Unreasonable Cost.”

(D) “Manufactured Outside the U.S. – Resale.”

(E) “Manufactured Outside the U.S. – Commercial Information Technology.”

(F) “Manufactured Outside the U.S. – Qualifying Country.” Only choose “Manufactured Outside the United States – Qualifying Country” if the country of product or service origin is one of the current qualifying countries at DFARS 225.003.

(G) In the “Domestic or Foreign Entity” data field, choose the most applicable answer regarding the ownership of the contractor.

(H) Indicate whether Government Furnished Property (GFP), (see FAR 45.101), is included on the award in the “GFE/GFP Provided Under This Action” data field.

(1) When reporting modifications to previously reported award, the CAR should carry the same value for this data element as was on the CAR for the initial award unless the modification itself is specifically adding GFP where the originally was none. There is no need to create a CAR solely to report the return of GFP at the end of performance.

(2) When reporting task, delivery, or call orders under indefinite-delivery contracts or agreements, this data element reflects whether GFP is or is not included specifically as a part of the order itself. The value for the underlying contract or agreement is collected separately.

(I) For the “Description of requirement” data field

(1) Enter a short description of what is being procured by the action. This should be entered in plain English with no acronyms or military jargon such that the public can understand what is being acquired by the Department. Do not use national stock numbers, part numbers, or other identifiers without also including associated plain English descriptions.

(2)When reporting modifications, do not use this field to explain what type of procurement process is accomplished (e.g., exercise option year, incremental funding); continue to address what is being procured.

(3) When establishing a contract with an option or line item pursuant to DFARS 234.005-1, also enter “831 Authority”.

(J) For the “Recovered materials/sustainability” data field, choose the value from the list below that reflects the requirements of sustainability incorporated into the contract or order. If there is a combination of the attributes on the contract that does not exist in the list below, choose the one from the list that most closely reflects the situation on the contract.

(1) FAR 52.223-4 included. Use when the contract includes the requirement for recovered materials in accordance with FAR Subpart 23.4 and provision 52.223-4, Recovered Material Certification, was included in the solicitation.

(2) FAR 52.223-4 and 52.223-9 included. Use when the contract includes the requirement for recovered materials in accordance with FAR Subpart 23.4, provision 52.223-4 was included in the solicitation, and clause 52.223-9 is included in the contract.

(3) No clauses included and no sustainability included. Use when the contract includes neither requirements nor provisions/clauses for recovered materials or energy efficient, biobased, or environmentally preferable products or services.

(4) Energy efficient. Use when the contract includes the requirement for energy efficient products or services in accordance with FAR Subpart 23.2.

(5) Biobased. Use when the contract includes the requirement for biobased products or services in accordance with FAR Subpart 23.4.

(6) Environmentally preferable. Use when the contract includes the requirement for environmentally preferable products or services in accordance with FAR Subpart 23.7.

(7) FAR 52.223-4 and energy efficient. Use when the contract includes the requirement for–

(i) Recovered materials in accordance with FAR Subpart 23.4 and provision 52.223-4 was included in the solicitation; and

(ii) Energy efficient products or services in accordance with FAR Subpart 23.2.

(8) FAR 52.223-4 and biobased. Use when the contract includes the requirement for–

(i) Recovered materials in accordance with FAR Subpart 23.4 and provision 52.223-4 was included in the solicitation; and

(ii) Biobased products or services in accordance with FAR Subpart 23.4.

(9) FAR 52.223-4 and environmentally preferable. Use when the contract includes the requirement for–

(i) Recovered materials in accordance with FAR Subpart 23.4 and provision 52.223-4 was included in the solicitation; and

(ii) Environmentally preferable products or services in accordance with FAR Subpart 23.7.

(10) FAR 52.223-4, biobased and energy efficient. Use when the contract includes the requirement for–

(i) Recovered materials in accordance with FAR Subpart 23.4 and provision 52.223-4 was included in the solicitation;

(ii) Energy efficient products or services in accordance with FAR Subpart 23.2; and

(iii) Biobased products or services in accordance with FAR Subpart 23.4.

(11) FAR 52.223-4, biobased and environmentally preferable. Use when the contract includes the requirement for–

(i) Recovered materials in accordance with FAR Subpart 23.4 and provision 52.223-4 was included in the solicitation;

(ii) Biobased products or services in accordance with FAR Subpart 23.4; and

(iii) Environmentally preferable products or services in accordance with FAR Subpart 23.7.

(12) FAR 52.223-4, biobased, energy efficient and environmentally preferable. Use when the contract includes the requirement for–

(i) Recovered materials in accordance with FAR Subpart 23.4 and provision 52.223-4 was included in the solicitation;

(ii) Energy efficient products or services in accordance with FAR Subpart 23.2;

(iii) Biobased products or services in accordance with FAR Subpart 23.4; and

(iv) Environmentally preferable products or services in accordance with FAR Subpart 23.7.

(xiv) FPDS Entry – Competition Information Section.

(A) Solicitation procedures. Select the appropriate entry from the following list:

(1) Simplified Acquisition. Report this code for competitive and noncompetitive contract actions that used simplified acquisition procedures in accordance with FAR part 13. However, if the action is noncompetitive and the reason for other than full and open competition is other than “Authorized by Statute,” “Authorized Resale,” or “SAP Noncompetition,” then enter “Only One Source Solicited” as the solicitation procedure. (Note that most times when in conflict, the reason for other than full and open competition takes precedence over the type of solicitation procedure used.)

(2) Only One Source Solicited. Use this code if no solicitation procedure was used or only one source is solicited for the action.

(3) Negotiated Proposal/Quote. Use this code for competitive contract actions that use negotiated procedures (FAR parts 12, 13, or 15).

(4) Sealed Bid. Use this code for contract actions using sealed bid procedures (FAR part 14).

(5) Two Step. Use this code for contract actions that use a combination of sealed bids and negotiated procedures (FAR 6.102).

(6) Architect-Engineer FAR 6.102. Use this code if the action resulted from selection of sources for architect-engineer contracts pursuant to FAR 6.102(d)(1).

(7) Basic Research. Use this code if the action resulted from a competitive selection of basic research proposals pursuant to FAR 6.102(d)(2).

(8) Alternative Sources. Use this code if the action resulted from use of procedures that provided for full and open competition after exclusion of sources to establish or maintain alternative sources pursuant to FAR 6.202.

(9) Subject to Multiple Award Fair Opportunity. FPDS will automatically populate this entry for orders placed against multiple award contracts (to include Federal Supply Schedules) and FAR part 8 BPAs (and orders issued under such BPAs that are subject to fair opportunity pursuant to FAR 16.505(b)(1).

(B) Extent Competed. Select the appropriate entry from the following list. The extent competed for any modification or order against a task order or delivery order contract pulls from the basic contract and is shown in the “Extent competed for referenced IDV” data field.

(1) Competed under SAP. Report this for competitive contract actions that were awarded using FAR part 13 Simplified Acquisition Procedures (i.e., solicitation procedures were “Simplified Acquisition”).

(2) Full and Open Competition (F&OC). Report this if the contract action resulted from an award pursuant to FAR 6.102(a), Sealed bids; FAR 6.102(b), Competitive proposals; FAR 6.102(c), Combination; or any other competitive method that did not exclude sources of any type.

(3) F&OC after Exclusion of Sources. Report this when sources are excluded before competition. (Note: This terminology is broader than FAR Subpart 6.2, which includes set-aside actions and actions to establish or maintain alternate sources, in that it also includes actions justified by a justification and approval that provided for competition).

(4) Not Available for Competition. Report this if the contract action is not available for competition (i.e., contract actions where the solicitation procedure was “Only One Source” and the reason not competed is “Authorized by Statute,” “International Agreement,” “Utilities,” or “Authorized Resale.”) Note that sole source awards for 8a firms, HUBZone firms, and service-related disabled veteran-owned concerns should always be identified as “Authorized by Statute” as the reason for other than full and open competition.

(5) Not Competed under SAP. Report this for non-competitive contract actions that were awarded using FAR part 13, Simplified Acquisition Procedures (i.e., solicitation procedures were “Simplified Acquisition”).

(6) Not Competed. Report this when the contract action is not competed and the solicitation procedures are “Only One Source.”

(C) Type of Set-Aside.

(1) If the contract action is a result of a set-aside or sole source authorized under part 19 of the FAR, choose the applicable value. In order to indicate a FAR part 19 set-aside or sole source on an order under a multiple-award contract, see paragraph (F) of this section.

(2) Note that the type of set-aside is collected on the original award. In the case of a task or delivery order being reported, the user will see the type of set-aside from the original contract in the “Type Set Aside” data element. The “Type of Set-Aside Source” data element is system generated to indicate whether the data in the “Type Set Aside” data element was entered on the specific CAR being viewed or if it was pre-populated from the original contract award.

(D) SBIR/STTR. Ensure the “SBIR/STTR” data field is completed if the contract action is a result of a Small Business Innovative Research (SBIR) or Small Technology Transfer Research (STTR) Program. SBIR and STTR Phase III awards require that a previous SBIR or STTR award exists.

(E) Other than Full and Open Competition.

(1) Simplified Acquisition Procedures (SAP). Select only “SAP Non-Competition,” “Authorized by Statute” if a sole source set-aside shall also be noted, or “Authorized for Resale” when the award is noncompetitive and simplified acquisition procedures were used. Do not choose other values from the list.

(2) Other than Simplified Acquisition Procedures. Select from available values the one that matches the FAR part 6 authority referenced in the Justification & Authorization document for using other than competitive procedures. Do not choose “SAP Non-competition.”

(3) Acquiring Products or Services from Afghanistan. When DFARS 225.7703-1(a)(2) or (3) procedures are used to limit competition to products or services from Afghanistan, or to award a contract to a particular source or sources from Afghanistan, select “Authorized by Statute” in the “Other than Full and Open Competition” data field.

(F) Fair Opportunity/Limited Sources. This field is the basis for determining whether competition is provided for on orders placed against multiple-award contracts (to include DoD contracts, Governmentwide Acquisition Contracts, Federal Supply Schedules, and BPAs issued under the Federal Supply Schedules). If a Federal Supply Schedule contract or a Governmentwide multiple-award contract is not coded as a multiple-award vehicle, thereby preventing completion of this field, the FPDS user should advise the agency FPDS so that the contracting office for the multiple-award contract can be notified and pursue correction.

(1) Urgency. Report this if the action was justified pursuant to FAR 8.405- 6(a)(1)(i)(A) or 16.505(b)(2)(i)(A).

(2) Only One Source. Other – Report if the action was justified pursuant to FAR 8.405-6(a)(1)(i)(B) or 16.505(b)(2)(i)(B).

(3) Follow-On Delivery Order Following Competitive Initial Order. Report this if the action was justified pursuant to FAR 8.405-6(a)(1)(i)(C) or 16.505(b)(2)(i)(C).

(4) Minimum Guarantee. Report this if it was necessary to place an order to satisfy a minimum amount guaranteed to the contractor. See FAR 16.505(b)(2)(i)(D).

(5) Other Statutory Authority. Report this if a statute expressly authorizes or requires that the purchase by made from a specified source. See FAR16.505(b)(2)(i)(E).

(6) Fair Opportunity Given. Report this if fair opportunity was given pursuant to FAR 16.505(b)(1).

(7) Competitive Set-Aside. Report this if the order was set aside pursuant to FAR 19.502-4(c) and a sub-set of multiple-award contract holders meeting the set-aside criteria were provided fair opportunity to submit an offer. If this value is selected, also choose the appropriate set-aside in the “Type of Set-Aside” field. Do not select this value if the original multiple award contract itself was set-aside or partially set-aside.

(8) Sole Source. Report this if the order was issued pursuant to FAR 19.502-4(c) and awarded to a single contract holder meeting the socio-economic criteria without providing fair opportunity to other multiple-award contract holders. If this value is selected, also choose the appropriate value in the “Type of Set-Aside” field.

(G) If an award did not provide for full and open competition; or in the case of simplified acquisition, did not provide the maximum extent of competition practicable; select the value in the “Other Than Full and Open Competition” field that represents the justification used.

(H) In the “Commercial Product or Commercial Service Acquisition Procedures” data field, indicate whether commercial procedures were—

( 1 ) Used for commercial products or commercial services;

( 2 ) Used for supplies or services pursuant to FAR 12.102(f);

( 3 ) Used for services pursuant to FAR 12.102(g); or

( 4 ) Not used.

(I) In the “Simplified Procedures for Certain Commercial Products or Commercial Services” data field, indicate if the contract action utilized procedures under FAR subpart 13.5.

(J) In the “A-76 Action” data field, indicate if the contract action resulted from an A-76 / FAIR Act competitive sourcing process. Note, however, that DoD is currently under a moratorium from procuring services using these procedures. See PGI 207.302 for more information.

(K) In the “Local Area Set Aside” data field, indicate if the contract action resulted from a local area set-aside in accordance with FAR 26.202.

(L) In the “FedBizOpps” data field, enter “Yes” if the award was greater than $25,000 in value and subject to FAR 5.2 synopsis requirements. Enter “No” if the award was greater than $25,000 in value, but an exception to synopsis requirements applied.

Enter “Not Applicable” if the award was less than or equal to $25,000 in value.

(M) Number of Offers.

(1) Enter the specific number of offers received in response to the solicitation. In the case of contracts awarded as a result of a Broad Agency Announcement, enter the number of proposals received under the specific announcement. In the case of orders under a multiple-award contract (including Federal Supply Schedules and GWACs), BOAs, and BPAs, enter the number of offers received for the specific order.

(2) Note that the “Number of Offers Received” is collected on the original award. In the case of a task or delivery order being reported, the user will see the number of offers from the original contract in the “IDV Number of Offers” data element. The “Number of Offers Source” data element is system generated to indicate whether the data in the “Number of Offers Received” data element was entered on the specific CAR being viewed or if it was pre-populated from the original contract award.

(xv) FPDS Entry – Preference Programs / Other Data Section.

(A) Contracting Officer’s Business Size Selection

(1) When entering a new contract, purchase order, or agreement award in FPDS, contracting officers shall ensure they appropriately choose “Small Business” or “Other than Small Business” in the “Contracting Officer’s Determination of Business Size” data field according to the NAICS code applied to the award, its associated size standard, and the contractor’s response to provision 52.212-3 or 52.219-1. The contracting officer shall enter “Other than Small Business” for awards where the contractor has not certified to its status in one of these provisions.

(2) If the “Contracting Officer’s Determination of Business Size” data field is completed with “Small Business”, the contractor’s other socio-economic information that it has entered or the Small Business Administration (SBA) has provided to the System for Award Management (SAM) database will be included in the contract action report. This includes designations such as SBA-Certified 8(a), Women-owned Small Business, Service Disabled Veteran Owned.

(3) Contracting officers will not be allowed to identify types of set-asides in FPDS unless the “Contracting Officer’s Determination of Business Size” field is completed with “Small Business,” and other required socio-economic designations are present in the Contractor’s SAM record (e.g., contractor shall have the SBA-Certified 8(a) designation in order to identify an 8(a) type set-aside in FPDS).

(4) All subsequent modifications and delivery orders under the initial award will be automatically populated with the same designations.

(B) Subcontracting Plan. Select whether a subcontracting plan is required for the contract action, and, if so, which type applies from the following values:

(1) Plan Not Required;

(2) Plan Not Included, No Subcontracting Possibilities;

(3) Individual Subcontracting Plan;

(4) Commercial Subcontracting Plan; or

(5) DoD Comprehensive Subcontracting Plan.

(4) Reporting modifications to FPDS.

(i) Modifications against previously reported contracts, agreements, and orders are required to be reported to FPDS if they include any obligation or deobligation amount. They are also required to be reported to FPDS if there is no obligation or deobligation amount and involve a change to the data reported in any data field in the contract action report (e.g., vendor name, completion date, place of performance).

(ii) Contracting officers should choose the “Reason for Modification” value that best represents the purpose of the modification action. If more than one reason for modification applies, choose the more specific value. When a name, address, DUNS number, or CAGE code change occurs as the result of the modification, choose “Novation,” “Vendor DUNS Change,” or “Vendor Address Change,” per the instructions at paragraphs (4)(v), (vi) and (vii), rather than other values that may also apply to the action (e.g., Exercise Option).

(iii) Do not use “Close Out” as the reason for modification in FPDS unless the modification being reported actually accomplishes the close out of the award.

(iv) DoD offices shall not use the “Transfer Action” value in the “Reason for Modification” field unless transferring the contract to a non-DoD contracting office (e.g., Department of Interior).

(v) Modifications for novations (see FAR Subpart 42.12 and DFARS subpart 242.12) shall use “Novation Agreement” in the “Reason for Modification” field.

(A) When this value is used, the contracting officer shall enter the appropriate DUNS number for the contractor in the modification contract action report. FPDS will then bring over the current vendor name and address from the contractor’s SAM record for that DUNS number into the modification contract action report. Subsequent contract action reports will show the updated DUNS number and vendor name.

(B) When this value is used, FPDS also allows the contracting officer to update the “Contracting Officer’s Determination of Business Size” data field. The contracting officer shall ensure that the contractor’s current size status is appropriately recorded on the modification contract action report. Subsequent contract action reports will reflect the size entered on this modification contract action report (see FAR subparts 19.301-2 and 19.301-3).

(vi) Modifications for contractor name changes that do not require a novation (see FAR Subpart 42.12 and DFARS Subpart 242.12) shall use “Vendor DUNS Change” in the “Reason for Modification” field. When this value is used, the contracting officer shall enter the appropriate DUNS number for the contractor in the modification contract action report. FPDS will then bring over the current vendor name and address from the contractor’s SAM record for that DUNS number into the modification contract action report. Subsequent contract action reports will show the updated DUNS number and vendor name.

(vii) Modifications for contractor address changes that do not require a novation shall use “Vendor Address Change” in the “Reason for Modification” field. When this value is used, FPDS will bring over the current address from the contractor’s SAM record into the modification contract action report. Subsequent contract action reports will show the updated address.

(viii) Modifications for re-representation actions (see FAR 19.301-2 and 19.301-3) shall use either “Re-representation” or “Re-representation of Non-Novated Merger/Acquisition”, as appropriate, in the “Reason for Modification” field. When this value is used, FPDS allows the contracting officer to update the “Contracting Officer’s Determination of Business Size” data field. The contracting officer shall ensure that the contractor’s current size status is appropriately recorded on the modification contract action report. Subsequent contract action reports will reflect the size entered on this modification contract action report.

(ix) When a modification is reported with “Termination for Default” or “Termination for Cause” in the “Reason for Modification” data field, the user must also report the termination to the Federal Awardee Performance and Integrity Information System (FAPIIS) in accordance with FAR 42.1503(h) requirements.

(5) Reporting awards where the GPC is both the method of purchase and payment.

(i) Do not report open-market purchases (i.e., not under a Federal Supply schedule, agreement, or contract) made with the GPC valued less than the micro-purchase threshold to FPDS.

(ii) Purchases made using the GPC as the method of both purchase and payment under federal schedules, agreements, or contracts are required to be reported to FPDS regardless of value. Contracting offices shall ensure all such purchases made by their authorized cardholders are reported to FPDS no less frequently than monthly. Any individual purchase valued greater than $25,000 shall be reported individually to FPDS. For individual purchases valued less than $25,000, there are three acceptable methods for reporting to FPDS. They are, in preferred order of use—

(A) Report each order individually to FPDS;

(B) Report a consolidated express report to FPDS using the delivery order or BPA call format that references the individual contract or BPA, respectively; or

(C) Report a consolidated express report to FPDS using the purchase order format that uses the generic DUNS 136721250 for “GPC Consolidated Reporting” or 136721292 for “GPC Foreign Contractor Consolidated Reporting”, as appropriate, as the identifier. Note that when a generic DUNS number is used to report these actions, only “Other than Small Business” is allowed as the “Contracting Officer’s Determination of Business Size” selection.

(iii) For orders placed on FedMall, contracting officers are not required to separately report such awards to FPDS.

(6) Using generic DUNS numbers.

(i) Generic DUNS numbers may only be used for reporting to FPDS in accordance with FAR 4.605(c) or paragraph 204.606 (5)(ii)(C) of this section. Note that if a generic DUNS number is used on the report to FPDS, systems that prepopulate data based on the DUNS number reported to FPDS may not be able to use the DUNS number for further reporting on that contract action because the contractor identification information is not accurately reflected. For example, assessing officials cannot report past performance reports to the Contractor Performance Assessment Reporting System (CPARS) (see FAR Subpart 42.15) if a generic DUNS number was used to report the action to FPDS. Additionally, some reporting requirements placed on the contractor, such as subcontract reporting required by FAR subparts 4.14 and 19.7, are not able to be completed. Therefore, it is important that the use of generic DUNS numbers in reporting to FPDS be rare and only when necessary.

(ii) The following generic DUNS numbers are available for use in contract reporting only if the conditions in FAR 4.605(c) or paragraph 204.606 (5)(ii)(C) of this section apply:

(A) DUNS 167445928 – Student Workers in Laboratories. Used to report actions awarded to student workers providing goods/services in government laboratories (or other government facilities) when obtaining a DUNS number would place a financial hardship on the student. Corresponding CAGE code in the System for Award Management (SAM): 35HL9.

(B) DUNS 123456787 – Miscellaneous Foreign Awardees. Used to report actions awarded to vendors located outside the United States providing goods/services when a specific DUNS number is not available. Corresponding CAGE code in SAM: 35KC0.

(C) DUNS 136666505 – Spouses of Service Personnel. Used to report actions awarded to service personnel dependents located and providing goods/services outside the United States when obtaining a DUNS number would place a financial hardship on the dependent. Corresponding CAGE code in SAM: 3JDV7.

(D) DUNS 167446249 – Navy Vessel Purchases In Foreign Ports. Used to report actions awarded to vendors located outside the United States providing goods/services in support of vessels located in foreign ports when a specific DUNS number is not available. Corresponding CAGE code in SAM: 35KD3.

(E) DUNS 153906193 – Foreign Utility Consolidated Reporting. Used to report procurement actions awarded to vendors located outside the United States providing utilities goods/services when a specific DUNS number is not available. Corresponding CAGE code in SAM: 3JDX5.

(F) DUNS 790238638 – Domestic Awardees (Undisclosed). Used to report actions awarded to vendors located in the United States where identifying the vendor could cause harm to the mission or the vendor (for example, domestic shelters). Corresponding CAGE code in SAM: 3JEH0.

(G) DUNS 790238851 – Foreign Awardees (Undisclosed). Used to report actions awarded to vendors located outside the United States when identifying the vendor could cause harm to the mission or the vendor. Corresponding CAGE code in SAM: 3JEV3.

(H) DUNS 136721250 – GPC Consolidated Reporting. Used to report orders and calls issued via the GPC under indefinite-delivery type contracts and agreements to businesses located in the United States, and the identity of the DUNS number for the vendor is not available to the office reporting the action. Corresponding CAGE code in SAM: 3JDW4.

(I) DUNS 136721292 – GPC Foreign Contractor Consolidated Reporting. Used to report orders and calls issued via the GPC under indefinite delivery type contracts and agreements to businesses located outside the United States, and the identity of the DUNS number for the vendor is not available to the office reporting the action. Corresponding CAGE code in SAM: 3JDV9.

(7) Contract Action Report Status.

(i) The “Status” data element on contract action reports indicates whether an award is still open or officially “closed” and applies to the family of actions comprising the contract or order (i.e., includes all modifications to that contract or order). Values in this field will either be null (blank), indicating that the contract is still open; or “Closed,” indicating the contract or order has completed closeout activities in accordance with FAR 4.804, as supplemented. Awards without the “Closed” status are assumed to still be open and either still within the established delivery dates or period of performance, or in a post-performance period preparing for closeout.

(ii) The “Status” is changed to “Closed” in one of three ways:

(A) User reports a modification using “Closeout” in the “Reason for Modification” field. This should be rare and only occur when a modification being issued actually closes the award in that modification (not just prepares for it). If a contract action report is finalized with “Closeout” as the value, it will no longer be able to be corrected by the user. Users will need to contact the FPDS help desk to perform any corrections.

(B) User with “Closeout” privileges in FPDS marks the award as closed. This will be rare in DoD; only the DoD and Service lead system administrators will be given these privileges.

(C) An agency system sends a “Close” notice via web services to FPDS.

(iii) When the “Status” is changed to “Closed” that status is applied to the contract or order and all of its subsequent modifications. Closed notices received for task, delivery, and call orders placed under IDCs or agreements do not cause the IDC or agreement to be closed. Closed notices received for IDCs or agreements do not cause task, delivery, and call orders placed under them to be closed.

(iv) Once a contract or order, and its modifications, has been marked as “Closed” the user or agency cannot change the status and will need to contact the FPDS help desk to remove the status if it was marked in error.

PGI 204.8 -CONTRACT FILES

PGI 204.804 Closeout of contract files.

(1) Data supporting contract closeout (e.g., DD Form 1594, Contract Completion Statement) are electronically transmitted throughout DoD. Defense Logistics Manual 4000.25, Defense Logistics Management Standards (DLMS), Volume 7, Contract Administration, Chapter 4, Contract Completion Status Reporting, available at https://www.dla.mil/Defense-Data-Standards/Publications/Vol-7-Administration/, contains detailed instructions regarding closeout and electronic data transmission.

(i) The administration office closeout date for file purposes will be the date in Block 9d of the DD Form 1594 or agency equivalent.

(ii) If the contracting office must do a major closeout action that will take longer than 3 months after the date shown in Block 9d of the DD Form 1594—

(A) The purchasing office closeout date for file purposes will be the date in Block 10e of the DD Form 1594 or agency equivalent; and

(B) The contracting office shall notify the contract administration office of the revised closeout date by either sending a copy of the completed DD Form 1594 or by electronically transmitting the data.

(iii) Completion of block 10 is not required, when the contracting office accepts the closeout date in block 9d of the DD Form 1594 (or agency equivalent) and the contract completion statement is posted to the Electronic Data Access (EDA) system as required by PGI 204.804-2.

(iv) Closeouts posted to EDA are considered part of the contract file and do not need to be duplicated in any other version of the contract file.

(v) A contract modification is not needed to deobligate excess funds when block 5 is completed, and this deobligation will occur upon distribution of the contract completion statement. Send a notification and a copy of the contract completion statement to the comptroller to allow general ledger reconciliation.

(vi) A contract qualifies for an automated closeout process if the contract—

(A) Only has firm-fixed-price line items;

(B) Does not exceed $500,000; and

(C) Does not include any of the following provision and clauses:

(1) FAR 52.211-11, Liquidated Damages—Supplies, Services, or Research and Development.

(2) FAR 52.216-7, Allowable Cost and Payment.

(3) FAR 52.227-9, Refund of Royalties.

(4) FAR 52.227-11, Patent Rights—Ownership by the Contractor.

(5) FAR 52.227-13, Patent Rights—Ownership by the Government.

(6) FAR 52.232-16, Progress Payments.

(7) FAR 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services.

(8) FAR 52.232-30, Installment Payments for Commercial Products and Commercial Services.

(9) FAR 52.232-32, Performance-Based Payments.

(10) FAR 52.245-1, Government Property.

(11) FAR 52.248-1, Value Engineering.

(D) DoD components may add further limitations to ensure all contract requirements have been completed prior to closeout.

(E) Basic ordering agreements, blanket purchase agreements, and indefinite-delivery contracts can be automatically closed using automated contract closeout procedures after all orders are closed and the ordering period has expired.

(3)(iv) A department or agency requesting a waiver of any provisions of acquisition law or regulation to carry out the closeout procedures shall forward the request and any supporting documentation to the Office of the Principal Director, Defense Pricing, Contracting, and Acquisition Policy (Contract Policy) via email to osd.pentagon.ousd-a-s.mbx.asda-dp-c-contractpolicy@mail.mil. The Principal Director, Defense Pricing, Contracting, and Acquisition Policy, will forward the request to USD(A&S), as appropriate.

PGI 204.804-1 Closeout by the office administering the contract.

(1) Locally developed forms or a statement of completion may be used instead of the DD Form 1594, Contract Completion Statement, and use the administration office closeout date. Whichever method is used, the form shall be retained in the contract file and copies sent to EDA and financial systems using the American National Standards Institute (ANSI) X12 Electronic Data Interchange (EDI) 567 transaction set.

(2) For contracts valued above the simplified acquisition threshold and not subject to the automated closeout procedures at PGI 204.804-3 , prepare a DD Form 1597, Contract Closeout Check List (or agency equivalent), to ensure that all required contract actions have been satisfactorily accomplished.

PGI 204.804-2 Closeout of the contracting office files if another office administers the contract.

(1) When an office other than the contracting office administers the contract, the administering office shall—

(i) Provide the contracting office an interim contract completion statement when the contract is physically completed using the ANSI X12 567;

(ii) Prepare a DD Form 1597, Contract Closeout Check List or agency equivalent, if necessary, to determine that all the required actions have been completed;

(iii) Initiate DD Form 1593, Contract Administration Completion Record, if necessary to obtain statements from other organizational elements that they have completed the actions for which they are responsible; and

(iv) Upon final payment—

(A) Process a DD Form 1594 or the electronic equivalent verifying that all contract administration office actions have been completed; and

(B) Send the original DD Form 1594 or the electronic equivalent to the contracting office for filing in the contract file and send a copy to EDA and financial systems using the ANSI X12 567.

(2) If the administrative contracting officer (ACO) cannot close out a contract within the specified time period (see FAR 4.804-1), the ACO shall notify the procuring contracting officer (PCO) within 45 days after the expiration of the time period of—

(i) The reasons for the delay; and

(ii) The new target date for closeout.

(3) If the contract still is not closed out by the new target date, the ACO shall again notify the PCO with the reasons for delay and a new target date.

PGI 204.804-4 Physically completed contracts.

A basic ordering agreement, blanket purchase agreement, or an indefinite-delivery contract can be closed after—

(i) All orders have been closed; and

(ii) The ordering period has expired.

PGI_204.804-5 Procedures for closing out contract files.

When the Governmentwide commercial purchase card is the sole method of payment—

(1) The contractor’s final invoice is not required to close a contract or order; and

(2) The contract completion statement—

(i) Does not require the final voucher number and date;

(ii) Does not require the final invoice number and date; however

(iii) Requires the final acceptance date.

(3) Additional guidance on the Governmentwide commercial purchase card can be found at https://www.acq.osd.mil/asda/dpc/ce/pc/docs-guides.html.

PGI 204.11 -SYSTEM FOR AWARD MANAGEMENT

PGI 204.1103 Procedures.

The System for Award Management (SAM) website at https://www.sam.gov provides useful documents and online training to assist with SAM navigation and data entry. User guides and demonstration videos can be found in the User Help section after clicking the HELP link at the top of the website homepage. The former Central Contractor Registration and Online Representations and Certifications Application data can be located in the Entity Management area of SAM, which can be accessed by navigating the following path after logging into the SAM website: Select Tab - MYSAM, Tab - Data Access and Tab - Entity Management.

(i) Use SAM as the primary source of contractor information for contract award and administration, to include supporting contract writing, management, and administration systems. Do not request or use contractor information from other sources, unless another source is specifically authorized. At a minimum, supporting systems shall use SAM as the authoritative source for the following data elements, as applicable by system, when SAM is required in accordance with FAR subpart 4.11:

(A) Data Universal Number System (DUNS) number.

(B) DUNS+4 number.

(C) Commercial and Government Entity (CAGE) code.

(D) Taxpayer Identification Number (TIN).

(E) Legal business name.

(F) Doing business as (DBA) name.

(G) Physical address.

(H) Mailing address.

(I) Electronic Funds Transfer (EFT) information (includes American Banking Association (ABA) routing number, account number, and account Type) and any additional EFT indicators.

(ii) Ensure that SAM nondisclosure requirements regarding TIN and EFT information are followed.

PGI 204.16 -UNIFORM PROCUREMENT INSTRUMENT IDENTIFIERS

PGI 204.1601 Policy.

(b) Transition of PIID numbering. Components are encouraged to transition to the Procurement Instrument Identifier (PIID) numbering schema as soon as possible, but no later than the date specified at DFARS 204.1601(b).

(c)(i) A continued contract is issued solely for administrative reasons. When issuing a continued contract, the contracting officer shall perform the following tasks:

(A) Obtain approval at a level above the contracting officer before issuance of the continued contract.

(B) Assign a PIID to the continued contract that is different from the PIID assigned to the predecessor contract, using the uniform PIID numbering system prescribed in FAR 4.1603 and DFARS 204.1603. The predecessor contract will retain the PIID originally assigned to it.

(C) Find a clear breaking point (e.g., between issuance of orders, exercise of options, or establishment of a new line of accounting) to issue the continued contract.

(D) Clearly segregate contractual requirements for purposes of Government inspection, acceptance, payment, and closeout. Supplies already delivered and services already performed under the predecessor contract will remain under the predecessor contract. This will allow the predecessor contract to be closed out when all inspection, acceptance, payment, and other closeout issues associated with supplies delivered and services performed under the predecessor contract are complete.

(E) Include in the continued contract all terms and conditions of the predecessor contract that pertain to the supplies and services yet to be delivered or performed. At the time it is issued, the continued contract may not in any way alter the prices or terms and conditions established in the predecessor contract.

(F) Provide advance notice to the contractor before issuance of the continued contract, to include the PIID and the effective date of the continued contract.

(G) Modify the predecessor contract to—

(1) Reflect any necessary administrative changes such as transfer of Government property, and make the Government property accountable under the continued contract;

(2) Clearly state that future performance (e.g., issuance of orders or exercise of options) will be accomplished under the continued contract; and

(3) Specify the administrative reason for issuing the continued contract.

(H) Reference the predecessor contract PIID on the face page of the continued contract to ensure traceability.

(ii) Sample language for the administrative modification to the predecessor contract follows:

This modification is issued for administrative purposes to facilitate continued contract performance due to [state the reason for assigning an additional PIID]. This modification is authorized in accordance with FAR 4.1601 and DFARS 204.1601.

Supplies and services already acquired under this contract number shall remain solely under this contract number for purposes of Government inspection, acceptance, payment, and closeout. All future [delivery orders] [task orders] [options exercised] will be accomplished under continued contract [insert contract number].

PGI 204.1603 Procedures.

(a)(3)(A)(3) Legacy contract writing systems authorized to use the letter T in position 9 of the PIID for automated requests for quotation include the following:

(i) Department of Navy’s Item Management and Procurement (ITIMP) system.

(ii) Defense Logistics Agency’s Enterprise Business System (EBS).

(4) Positions 10 through 17. Positions 10 through 13 of a DoD-issued PIID shall not be a sequence of four zeroes (i.e., “0000”).

(b) Elements of a supplementary PIID.

(1) Position 1. Use a “U” in position 1 (e.g., “U00001”) in lieu of an “A” or “P”, as necessary, to process draft modifications through contract writing systems and associated applications. Change the “U” to an “A” or “P” prior to award to comply with FAR and DFARS standards.

(2) Positions 2 through 6. Examples of proper numbering for positions 2 through 6 are as follows:

(3) If the contract administration office is changing the contract administration or disbursement office for the first time and is using computer generated modifications to notify many offices, it uses the six position supplementary number ARZ999. If either office has to be changed again during the life of the contract, the supplementary number will be ARZ998, and on down as needed.

PGI 204.1670 Cross reference to Federal Procurement Data System.

The following matrices should be used as a cross reference between the terms used in the FAR, DFARS, and the Federal Procurement Data System (FPDS).

STRUCTURE OF REQUIRED IDENTIFIERS

Key and

Description

Format

A - DoD Procurement Instrument

Identifier (PIID)

Consists of the concatenation of the following four fields:

Enterprise Identifier - DODAAC of contracting office

Fiscal Year in which award is made

Procurement Instrument Type Code

Serialized Identifier

Six alpha-numeric characters excluding

I and O

Two numeric characters

One alpha character excluding

I and O

Four alpha-numeric characters excluding

I and O. 0000 is not an acceptable value.

B - DoD Order Number (Supplementary PIID)

Four alpha-numeric characters excluding I and O. A and P are prohibited in the first position. 0000 is not an acceptable value.

(NOTE: Four character supplementary PIID order numbers are only allowed to be issued through FY16. Subsequently, all orders must be in the format shown above in section A of this table. DoD activities are encouraged to transition as soon as possible in FY16 to this new method for numbering orders under DoD contracts and agreements. Transition must be completed no later than October 1, 2016.)

C - DoD Procurement Instrument Modification Identifier (Supplementary PIID)

Six alpha-numeric characters beginning with A or P, excluding I and O. P00000 and A00000 are not acceptable values.

D - DoD Order Modification Identifier (Supplementary PIID)

Two alpha-numeric characters excluding I and O. 00 is not an acceptable value.

(NOTE: Two character supplementary PIID modification numbers are only allowed to be issued to DoD orders issued through FY16. Modification to DoD orders issued after the transition to the new method of numbering orders under DoD contracts and agreements must be in the form shown in section C of this table.

E - Non DoD Procurement Instrument Number

4 to 50 Alpha-numeric characters

ELEMENTS NEEDED TO IDENTIFY A DEPARTMENT OF DEFENSE PROCUREMENT ACTION

Procurement Instrument Action Type

Required as shown below to uniquely identify the action.

Reference Procurement Instrument (Reference Use Only)

Procurement Instrument Identifier (PIID) (Contract Number)

Modification Number Order Number

BPA or Order under a Schedule or other non-DoD Instrument

E

A

Order against a BPA under a Schedule (FY16 and later)

E

A

A

Order against a BPA under a Schedule (Pre-FY16)

E

A

B

DoD Contract, Purchase Order, BOA, BPA not under a Schedule, or other instrument

A

Order against a DoD Contract, BOA, BPA not under a Schedule, or other instrument (FY16 and later)

A

A

Order against a DoD Contract, BOA, BPA not under a Schedule or other instrument

(Pre-FY16)

A

B

Modification to a BPA or Order under a Schedule or other non- DoD instrument

E

A

C

Modification to an Order against a BPA under a Schedule

(FY16 and later)

E

A

A

C

Modification to an Order against a BPA under a Schedule

(Pre-FY16)

E

A

B

D

Modification to a DoD Contract, Purchase Order, BOA, BPA not under a Schedule, or other instrument

A

C

PGI 204.17 - SERVICE CONTRACT INVENTORY

PGI 204.1703 Reporting requirements.

(a)(i) Contracts or task orders that meet the threshold at DFARS 204.1703(a)(i) and are assigned the following Product Service Codes require service contract information to be reported in the System for Award Management:

PGI 204.18 -COMMERCIAL AND GOVERNMENT ENTITY CODE

PGI 204.1870 Procedures.

PGI 204.1870-1 Instructions to contracting officers.

Contracting officers shall—

(a) Assist offerors in obtaining the required Commercial and Government Entity (CAGE) codes. Note that if an offeror’s facility requires security clearance in accordance with a potential contract, the offeror is required to have a CAGE code assigned to that facility. If the facility is a location other than the offeror’s office submitting the proposal, that facility is not required to be separately registered in the System for Award Management (SAM) in order to have a CAGE code assigned. Offerors may be directed to the DLA CAGE Branch (see PGI 204.1870-2 (c) for contact information);

(b) Not deny a potential offeror a solicitation package because the offeror does not have a CAGE code, DUNS number, or TIN;

(c) Not require a contractor to register sections or locations of their organization in SAM for reasons not already required by clauses present in their contracts in order to obtain a CAGE code; and

(d) Not require a contractor to obtain new CAGE codes or change CAGE code records assigned to their locations solely for Government administration purposes (such as a result of a Government reorganization, change in Government contracting officer or office) or for distinction in Government systems beyond physical address and Electronic Funds Transfer (EFT) data.

PGI 204.1870-2 Maintenance of the CAGE file.

The following information and procedures are provided to assist contracting officers.

(a) Assignment of CAGE codes for entities located in the United States or its outlying areas.

(1) CAGE codes are assigned per legal entity at individual physical addresses (i.e., the same entity at the same physical address will not be assigned two or more CAGE codes). The only exception to this rule is when an entity has a registration in the SAM with multiple EFT addresses identified by multiple EFT indicators. In this case, each EFT indicator record is assigned a separate CAGE code to assist in correct processing of payments.

(2) CAGE codes are not assigned to mailing addresses; a physical address shall be provided. Neither U.S. Post Office boxes nor addresses that can be identified as belonging to commercial mail and/or shipping provider locations will be accepted as physical addresses.

(3) CAGE codes are not assigned to entities where the provided physical address is identified as a short-term virtual location, such as mobile offices, commercial packaging/mailing facilities (e.g., UPS stores, FedEx stores), mailbox rentals and certain business incubator locations if the majority of the operations are not performed from that incubator location. A sole proprietor, partnership, corporate entity, or other business organization shall have a principal place of business, even if it is a home office, from where the business operates and record books are maintained. In that case, a home address of an officer of the company or board member would be required.

(4) Individuals who register in SAM as sole proprietors are assigned CAGE codes. However, there may not be multiple CAGE codes assigned to the same location even if the entity names are differentiated by establishing a Limited Liability Corporation (LLC) (e.g., “John Smith” and “John Smith, LLC”). Additionally, the standard for the legal business name for sole proprietors, driven by Internal Revenue Service (IRS) standards, is the use of the individual’s personal name. Any additional name used for the sole proprietorship should be identified as a doing business as (DBA) name (e.g., “John Smith” is the legal business name, “Smith Construction” is the DBA).

(5) Authorized agents or brokers may be assigned CAGE codes for identification and processing purposes. A single CAGE code will be assigned to the agent or broker entity in addition to any codes assigned to the entities represented by the agent or broker (i.e., only one code will be assigned to a specific agent or broker entity regardless of the number of firms represented by that agent or broker). Codes will not be assigned to an agent or broker in care of the entity being represented or in any way infer that the agent or broker is a separate establishment bearing the name of the entity represented by the agent or broker.

(6) There are some cases where both the owner of real property and a separate legal entity located at the same address as the real property each are required to have CAGE codes assigned. Examples are an office building owner and a tenant in the office building, or a land owner and a company using all or a portion of the land to farm. Additional cases exist where two separate entities may lease office space in the same building and both require CAGE codes. In both of these situations, the most specific physical address will be requested (i.e., specific additions of suites, floors, or room numbers) to distinguish between the two entities. If no more specific physical address is able to be identified, then documentation such as that listed in PGI 204.1870-2 (c)(3)(i)(A) will be requested to ensure that the entities are separate legal entities.

(b) NCAGE code assignment for entities located outside the United States and its outlying areas managed via established NATO processes. SAM records received by the CAGE code system for validation shall—

(1) Include an NCAGE that has been received from the NATO Support Agency’s (NSPA’s) common database. The frequency with which local country code bureaus update the common database differs by the country. While most updates occur within a week, it can take up to a month to process. The CAGE code system will hold a validation request from SAM for three (3) days before rejecting it because the NCAGE does not appear to exist; and

(2) Include a legal business name and physical address that matches the address on the NSPA database in order to be validated.

(c) Changes of information on the CAGE code record.

(1) The DLA CAGE Branch accepts written requests for changes to CAGE files from the following sources:

(i) The company, organization, or sole proprietor entity identified by the code, if located in the United States or its outlying areas.

(A) For CAGE records for which there is a corresponding registration in SAM, the entity shall update their Dun & Bradstreet (D&B) record to begin the process and then proceed to update and submit their SAM registration for validation. If the update includes a change to the entity’s legal business name, the additional steps at PGI 204.1870-2 (c)(3)(i)(C) will be necessary.

(B) For CAGE records for which there is not a corresponding registration in SAM, the entity shall use company letterhead to request a change to their CAGE code record. Submit requests for changes to CAGE files, when there is not a corresponding SAM record, at https://cage.dla.mil or using a DD Form 2051 (available at http://dtic.mil/whs/directives/forms/eforms/dd2051.pdf). The form may be emailed to cagemail@dla.mil, or a hard copy mailed to—

DLA CAGE Branch

74 Washington Avenue

Battle Creek, MI 49037

Telephone Number: toll-free 877-352-2255

(ii) The Government contracting office on agency letterhead.

(iii) The Government contract administration office on agency letterhead.

(2) The DLA CAGE branch refers requests for changes to CAGE files from entities located outside the United States and its outlying areas as follows:

(i) Entities located in a NATO or NATO-sponsored nation shall contact their codification bureau. A listing of codification bureaus is found at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(ii) Entities located in a country that is neither in NATO nor sponsored by NATO shall contact the NATO Support Agency (NSPA) at ncage@nspa.nato.int or request update after searching for their CAGE code at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx.

(3) When a request is received by DLA (either directly or via an entity-updated SAM registration submitted for validation) that includes a change to the entity’s legal business name as recorded within the CAGE file, the DLA team will contact the entity and process the request in accordance with the following procedure:

(i) If the entity indicates that it does not hold any active federal Government contracts or any outstanding invoices on a physically complete contract, the entity will be asked to provide the following to DLA—

(A) Signed legal documentation that confirms the formal name change and accurately reflects the change requested. Examples of acceptable documentation include: Articles of Incorporation, Articles of Organization, Bill of Sale, Asset Purchase Agreement, Secretary of State documentation, and Legal Merger or Acquisition documentation. DLA will not accept Internal Review Service (IRS) documentation or validation, as the IRS does not require the use of the legal business name. Sole proprietors will need to provide their filings for one of the following: Fictitious Business Name, Assumed Name, Trade Style Name, or Business License. DLA may use information found at state government websites in lieu of requesting documentation from the entity to confirm the name if it is available;

(B) Written statement that they do not have active federal contracts or any outstanding invoices on a physically complete contract; and

(C) After receipt of the documentation in (A) and (B), DLA will process the change. If the initial request was received from SAM as a part of the CAGE validation process, the processed change will be communicated back to SAM.

(ii) If the entity indicates it does hold active Federal Government contracts, the entity will be asked to provide an indication in writing (may be provided by email) if the change in legal business name is a result of an acquisition, merger, or other situation related to recognition of a successor in interest to Federal Government contracts when contractor assets are transferred, which would necessitate a novation agreement be executed.

(A) If the entity indicates that the change in legal business name is not a result of an acquisition merger or other situation as indicated above; the entity will be asked to confirm, in writing (may be provided by email) that it has advised each of the respective Government contracting officers necessary to process name-change agreements in accordance with FAR Subpart 42.12 requirements. Additionally, DLA will ask the entity to provide a copy of the change-of-name agreement (see FAR 42.1205) signed by the entity. DLA will not process a change to the CAGE file without a copy of the signed change-of-name agreement, or confirmation from the cognizant Government contracting officer that processing a change to the CAGE file prior to the signed change-of-name agreement being completed is permissible. Note that the modification action that incorporates the change-of-name agreement into the contract is an acceptable method of providing the change-of-name agreement. However, if the modification is not able to be issued until the CAGE code information is updated, the change-of-name agreement itself will suffice.

(B) If the entity indicates that the change in legal business name is a result of an acquisition, merger, or other situation as indicated above, DLA will request the entity to provide the Novation Agreement that has been executed by the cognizant Government contracting officer (see FAR 42.1204) as well as the contact information for that contracting officer. DLA may, based on the content of the Novation Agreement, request that the contracting officer provide additional information regarding any Government interest in whether CAGE codes are transferred to the successor in interest. DLA will not process a change to the CAGE file without a copy of the executed Novation Agreement, or confirmation from the cognizant Government contracting officer that processing a change to the CAGE file prior to the novation agreement being completed is permissible. Note that the modification action that incorporates the Novation Agreement into the contract is an acceptable method of providing the Novation Agreement. However, if the modification is not able to be issued until the CAGE code information is updated, the Novation Agreement itself will suffice.

(1) When contacted by DLA in relation to a name change resulting from a novation, contracting officers shall provide DLA the following information:

(i) Name(s), address(es), and code(s) of the contractor(s) transferring the original contractual rights and obligations (transferor).

(ii) Name(s), address(es), and code(s) (if any) of the entity who is the successor in interest (transferee).

(iii) Name(s), address(es), and code(s) (if any) of the entity who is retaining or receiving the rights to the technical data.

(iv) Description of the circumstances surrounding the novation agreement and especially the relationship of each entity to the other.

(2) Note that if the name change request was received as a part of a registration from SAM update, and this situation applies, the update will be sent back to SAM as rejected by CAGE validation if a copy of the executed Novation Agreement or confirmation from the cognizant Government contracting officer is not available within 10 business days. The entity may resubmit the update in SAM with the changed legal name at such point this information becomes available.

(4) If the initial request was received from SAM as a part of the CAGE validation process, a processed change will be communicated back to SAM.

(5) Note that DLA does not follow the process outlined in (c)(3) above for minor changes in the legal business name received from SAM during validation, such as changing an “and” to “&”; inserting or removing abbreviations, such as changing “Co.” to “Company”; inserting or removing a space between words in an entity’s name; or inserting or removing acronyms or wording identifying a type of incorporated status, such as “Inc.” or “LLC”. These changes are processed and communicated back to SAM.

PGI 204.70 -PROCUREMENT ACQUISITION LEAD TIME

PGI 204.7001 Procedures.

(a) When conducting an acquisition with an estimated value greater than $250 million, agencies shall ensure planned and actual procurement administrative lead time (PALT) milestone dates are entered into the Procurement Integrated Enterprise Environment (PIEE) module. The PIEE module can be accessed at https://wawf.eb.mil/.

(b) The “planned” date indicates when the milestone is initially expected to be completed and the “actual” date is when the milestone is complete.

(c) The following PALT milestones shall be entered into the PIEE module, if applicable:

(1) The acquisition strategy/acquisition plan approval date.

(2) The date the justification and approval is approved.

(3) The date a funded purchase request is received by the contracting officer.

(4) The date a procurement-ready requirements package is received by the contracting officer.

(5) The solicitation issuance date.

(6) The proposal receipt date.

(7) The date the technical evaluation is complete.

(8) The audit completion date.

(9) The date the business clearance is approved.

(10) The date negotiations/discussions are complete.

(11) The date the contract clearance is complete.

(12) The contract award date.

(d) Planned milestone dates shall be entered into the PIEE module within one week of establishment of the milestones, but no later than the approval date of the acquisition strategy or plan. Actual milestone dates shall be entered into the PIEE module no later than one week after occurrence. Milestone dates shall be updated, as necessary, to reflect any changes.

(e) A PowerPoint presentation with screenshots introducing the module is available on the DoD Procurement Toolbox at https://dodprocurementtoolbox.com/site-pages/palt.

PGI 204.71 -UNIFORM CONTRACT LINE ITEM NUMBERING SYSTEM

PGI 204.7103 Contract line items.

(a) Separately identifiable contract line and subline items (i.e., all except those with characteristics described in DFARS 204.7103-1(a)(2)(iii) or 204.7104-1(a)) shall include a description of the item or service being procured, the associated Product or Service Code (PSC), the quantity, a unit of measure, defined acceptance and inspection locations and requirements, and the delivery schedule or performance period. Contracts for contingency operations shall include the project code at the line item level on each contract action. The list of applicable codes is maintained at http://www.dla.mil/j-6/dlmso/elibrary/ServicePoints/CD_ProjCd_nopoc.docx. The contracting officer is responsible for coordinating any changes from the purchase request to the contract with the requiring activity.

(1) The list of active PSCs is available on the Federal Procurement Data System website under the ‘Worksite’ section under ‘Reference’.

(2) The list of available units of measure is on the Defense Pricing, Contracting, and Acquisition Policy website at https://www.acq.osd.mil/asda/dpc/ce/ds/docs/pds/Line_Item_UoM_List.xlsx .

(3) Delivery and acceptance locations shall be defined using Activity Address Codes published in (1) DoD Activity Address Directory (DODAAD), DoD 4000.25-6-M, or (2) Military Assistance Program Address Directory System (MAPAD), DoD 4000.25-8-M and available for verification at https://www.daas.dla.mil/daasinq/default.asp.

(4) No activity shall be assigned acceptance responsibility unless that activity has acceptors registered in Wide Area WorkFlow (WAWF). Available roles for an Activity Address Code can be verified at the Active DoDAACs & Roles link on the WAWF homepage at https://wawf.eb.mil/.

(b) Fixed price line items shall include unit prices and total prices. Cost type line items shall not include unit prices, but shall contain the appropriate elements in accordance with FAR part 16. Not separately priced line items shall be so labeled. The notation “No Charge” shall not be used.

(c) The requirements at paragraph (a) and (b) shall be included in the appropriate parts of the contract Schedule.

(d) In structuring line items, especially on fixed-price contracts, due consideration shall be given to the effect of the chosen units of measure on administration and payment. No contract line item shall contain a quantity less than the number of deliveries anticipated on the line item. Contracting officers shall consider the need for periodic deliveries and payments in selecting a unit of measure. Included in this analysis shall be the impact of any financing arrangements under FAR part 32.

(i) Supplies: Line item quantities shall match the actual count of the supplies to be provided. For instance, if more than one delivery is expected, the quantity cannot be “1.”

(ii) Services: Line item quantities shall match the frequency with which performance will be reviewed, and on fixed-price line items, payment made. For example, a contract with a twelve-month period of performance should have a quantity and unit of measure suited to how the contract will be managed. If the intent is to review, accept, and pay for the services monthly, then the quantity should be 12, with a unit of measure such as “Months” or “Lots.” If the intent is to review, accept, and pay for the services quarterly, then the quantity should be 4, with a unit of measure such as “Lot”. If the quantity used is 1, then no payment for delivery can occur until the end of the period of performance. Services with tangible deliveries, such as repairs, shall be structured like supply line items.

(e) The following examples illustrate when the requirements at paragraph (a) apply—

(1) Separately identifiable subline items. The rule applies to subline items 0001AA and 0001AB. It does not apply to the line item 0001, because it does not have a deliverable.

(2) Informational subline items. The rule applies to line item 0001. It does not apply to subline items 000101, 000102, and 000103 because they do not have deliverables.

(3) Line item with no subline items. The rule applies.

(4) Line item is parent to an exhibit. The rule applies to the exhibit lines.

(5) Line is parent to a subline item which refers to an exhibit. The rule applies to the exhibit lines.

PGI 204.7103-2 Numbering procedures.

(a) Contract line items shall consist of four numeric digits 0001 through 9999. Do not use numbers beyond 9999. Within a given contract, the item numbers shall be sequential but need not be consecutive.

(b) The contract line item number shall be the same as the solicitation line item number unless there is a valid reason for using different numbers.

(c) Once a contract line item number has been assigned, it shall not be assigned to another, different, contract line item in the same contract.

PGI 204.7104 Contract subline items.

PGI 204.7104-2 Numbering procedures.

(a) Number subline items by adding either two numeric characters or two alpha characters to the basic contract line item number.

(1) Information subline item numbers. Use numeric characters only for information subline items, running 01 through 99. Do not use spaces or special characters to separate the subline item number from the contract line item number that is its root. For example, if the contract line item number is 0001, the first three subline items would be 000101, 000102, and 000103. Do not use a designation more than once within a contract line item.

(2) Separately identified subline items. Use alpha characters only for separately identified subline items, running AA through ZZ. Do not use spaces or special characters to separate the subline item number from the contract line item number that is its root. For example, if the contract line item number is 0001, the first three subline items would be 0001AA, 0001AB, and 0001AC.

(i) Do not use the letters I or O as alpha characters.

(ii) Use all 24 available alpha characters in the second position before selecting a different alpha character for the first position. For example, AA, AB, AC, through AZ before beginning BA, BB, and BC.

(b) Within a given contract line item, the subline item numbers shall be sequential but need not be consecutive.

(c) Exhibits may be used as an alternative to setting forth in the schedule a long list of contract subline items. If exhibits are used, create a contract subline item citing the exhibit's identifier. See DFARS 204.7105.

(d) If a contract line item involves ancillary functions, like packaging and handling, transportation, payment of state or local taxes, or use of reusable containers, and these functions are normally performed by the contractor and the contractor is normally entitled to reimbursement for performing these functions, do not establish a separate subline item solely to account for these functions. However, do identify the functions in the contract schedule. If an offeror separately prices these functions, the contracting officer may establish separate subline items for the functions; however, the separate subline items must conform to the requirements of DFARS 204.7104-1.

(e) The following examples illustrate subline items numbering—

(1) Subline items structured to identify destinations for identical items, identically priced (delivery schedule shall be established for each subline item, not the contract line item).

(2) Subline items structured to identify destinations for identical items, not identically priced (delivery schedule shall be established for each subline item, not the contract line item).

NOTE: Difference in prices for identical items is due to separate destinations for FOB destination delivery.

(3) Subline items structured to identify different sizes of an item that are identically priced (delivery schedule shall be established for each subline item, not the contract line item).

NOTE: Unit price and total amount shown at line item level rather than at subline item level.

(4) Subline items structured to identify different sizes of an item that are not identically priced (delivery schedule shall be established for each subline item, not the contract line item).

(5) Subline items structured to provide the capability for relating subordinate separately priced packaging costs to the overall contract line item. (Separate delivery schedules shall be established for the subline item identifying the contractor's product and for the subline item identifying packaging. No schedule will be established for the contract line item.)

(6) Subline items structured to identify different accounting classifications for identical items (delivery schedule shall be established for each subline item, not the contract line item).

AJ: 17X150518350315069100000192B000000000000000000

AK: 17X150518370317569100000192B000000000000000000

AL: 17X150519350314369100000192B000000000000000000

NOTE: Unit price may be shown at line item level and total amounts shown at subline item level.

(7) Informational subline items established to identify multiple accounting classification citations assigned to a single contract line item.

(8) Subline items structured to identify parts of an assembly (delivery schedule and price shall be established for each identified part at the subline item level, not for the assembly at the contract line item level).

(9) Subline items structured to identify parts of a kit (delivery schedule and price shall be established for each identified part at the subline item level, not for the kit at the contract line item level).

NOTE: In this example, the prices of subline items 0031AB through 0031BF are included in the Integrator Assembly.

PGI 204.7105 Contract exhibits and attachments.

(a) Use of exhibits.

(1) Exhibits may be used instead of putting a long list of contract line items or subline items in the contract schedule. Exhibits are particularly useful in buying spare parts.

(2) When using exhibits, establish a contract line or subline item and refer to the exhibit.

(3) Identify exhibits individually.

(4) Each exhibit shall apply to only one contract line item or subline item.

(5) More than one exhibit may apply to a single contract line item.

(6) Data items on a DD Form 1423, Contract Data Requirements List, may be either separately priced or not separately priced.

(i) Separately priced. When data are separately priced, enter the price in Section B of the contract.

(ii) Not separately priced. Include prices in a priced contract line item or subline item.

(7) The contracting officer may append attachments to exhibits, as long as the attachment does not identify a deliverable requirement that has not been established by a contract line item or subline item or exhibit line item.

(8) Include exhibit line items and associated information in the electronically distributed contract documents identified in PGI 204.201 (3)(i)(A) and (B).

(b) Numbering exhibits and attachments.

(1) Use alpha characters to identify exhibits. The alpha characters shall be either single or double capital letters. Do not use the letters I or O.

(2) Once an identifier has been assigned to an exhibit, do not use it on another exhibit in the same contract.

(3) The identifier shall always appear in the first or first and second positions of all applicable exhibit line item numbers.

(4) If the exhibit has more than one page, cite the procurement instrument identification number, exhibit identifier, and applicable contract line or subline item number on each page.

(5) Use numbers to identify attachments.

(c) Numbering exhibit line items.

(1) Criteria for establishing. The criteria for establishing exhibit line items are the same as those for establishing contract line items (see DFARS 204.7103).

(2) Procedures for numbering.

(i) Number items in an exhibit in a manner similar to contract line items.

(ii) Number line items using a four-position number.

(A) The first position or the first and second position contain the exhibit identifier.

(B) The third and fourth positions contain the alpha or numeric character serial numbers assigned to the line item when using a double letter exhibit identifier. The second, third and fourth positions contain the alpha or numeric character serial numbers assigned to the line item when using a single letter exhibit identifier.

(iii) Exhibit line item numbers shall be sequential within the exhibit.

(3) Examples.

(i) Two-position serial number for double letter exhibit identifier.

Cumulative No. of Line Items

Serial Number Sequence

1-33

34-67

68-101

102-135

136-169

170-203

204-237

238-271

272-305

306-339

340-373

374-407

408-441

442-475

476-509

510-543

544-577

578-611

612-645

646-679

680-713

714-747

748-781

782-815

816-849

850-883

884-917

918-951

952-985

986-1019

1020-1053

1054-1087

1088-1121

1122-1155

01 thru 09, then 0A thru 0Z, then

10 thru 19, then 1A thru 1Z, then

20 thru 29, then 2A thru 2Z, then

30 thru 39, then 3A thru 3Z, then

40 thru 49, then 4A thru 4Z, then

50 thru 59, then 5A thru 5Z, then

60 thru 69, then 6A thru 6Z, then

70 thru 79, then 7A thru 7Z, then

80 thru 89, then 8A thru 8Z, then

90 thru 99, then 9A thru 9Z, then

A0 thru A9, then AA thru AZ, then

B0 thru B9, then BA thru BZ, then

C0 thru C9, then CA thru CZ, then

D0 thru D9, then DA thru DZ, then

E0 thru E9, then EA thru EZ, then

F0 thru F9, then FA thru FZ, then

G0 thru G9, then GA thru GZ, then

H0 thru H9, then HA thru HZ, then

J0 thru J9, then JA thru JZ, then

K0 thru K9, then KA thru KZ, then

L0 thru L9, then LA thru LZ, then

M0 thru M9, then MA thru MZ, then

N0 thru N9, then NA thru NZ, then

P0 thru P9, then PA thru PZ, then

Q0 thru Q9, then QA thru QZ, then

R0 thru R9, then RA thru RZ, then

S0 thru S9, then SA thru SZ, then

T0 thru T9, then TA thru TZ, then

U0 thru U9, then UA thru UZ, then

V0 thru V9, then VA thru VZ, then

W0 thru W9, then WA thru WZ, then

X0 thru X9, then XA thru XZ, then

Y0 thru Y9, then YA thru YZ, then

Z0 thru Z9, then ZA thru ZZ

(ii) Three-position numbers.

PGI 204.7107 Contract accounting classification reference number (ACRN) and agency accounting identifier (AAI).

(a) Establishing the contract ACRN.

(1) The contracting office issuing the contract is responsible for assigning ACRNs. This authority shall not be delegated. If more than one office will use the contract (e.g., ordering officers, other contracting officers), the contract must contain instructions for assigning ACRNs.

(2) ACRNs shall be established in accordance with the following guidelines:

(i) Do not use the letters I and O.

(ii) In no case shall an ACRN apply to more than one accounting classification citation, nor shall more than one ACRN be assigned to one accounting classification citation.

(b) Establishing an AAI. An AAI, as detailed http://www.acq.osd.mil/dpap/policy/policyvault/USA002246-09-DPAP.pdf, is a six-digit data element that identifies a system in which accounting for specific funds is performed. The funding office will provide to the contracting office the AAI associated with the funding for each line item.

(c) Capturing accounting and appropriations data in procurement. Procurement instruments shall identify the funding used for the effort in one of two ways.

(1) In legacy system environments where the contracting and accounting processes are not sufficiently integrated to ensure use of the Procurement Instrument Identifiers (PIIDs) (see DFARS Subpart 204.16) and line item numbers as common keys, the contract shall include the accounting and appropriations data and ACRN as follows:

(i) Show the ACRN as a detached prefix to the accounting classification citation in the accounting and appropriations data block or, if there are too many accounting classification citations to fit reasonably in that block, in section G (Contract Administration Data).

(ii) ACRNs need not prefix accounting classification citations if the accounting classification citations are present in the contract only for the transportation officer to cite to Government bills of lading.

(iii) If the contracting officer is making a modification to a contract and using the same accounting classification citations, which have had ACRNs assigned to them, the modification need cite only the ACRNs in the accounting and appropriations data block or on the continuation sheets.

(iv) Showing the ACRN in the contract. If there is more than one ACRN in a contract, all the ACRNs will appear in several places in the schedule (e.g., ACRN: AA).

(A) Ship-to/mark-for block. Show the ACRN beside the identity code of each activity in the ship-to/mark-for block unless only one accounting classification citation applies to a line item or subline item. Only one ACRN may be assigned to the same ship-to/mark-for within the same contract line or subline item number unless multiple accounting classification citations apply to a single nonseverable deliverable unit such that the item cannot be related to an individual accounting classification citation.

(B) Supplies/services column.

(1) If only one accounting classification citation applies to a line item or a subline item, the ACRN shall be shown in the supplies/services column near the item description.

(2) If more than one accounting classification citation applies to a single contract line item, identify each assigned ACRN and the amount of associated funds using informational subline items (see DFARS 204.7104-1(a)).

(2) The contract shall include AAIs and ACRNs in system environments where the accounting systems are able to use PIIDs and line item numbers as common keys to enable traceability of funding to contract actions. Include AAIs and ACRNs as follows:

(i) Showing the ACRN in the contract. If there is more than one ACRN in a contract, all the ACRNs will appear in several places in the schedule (e.g., ACRN: AA).

(A) Ship-to/mark-for block. Show the ACRN beside the identity code of each activity in the ship-to/mark-for block unless only one accounting classification citation applies to a line item or subline item. Only one ACRN may be assigned to the same ship-to/mark-for within the same contract line or subline item number unless multiple accounting classification citations apply to a single nonseverable deliverable unit such that the item cannot be related to an individual accounting classification citation.

(B) Supplies/services column.

(1) If only one accounting classification citation applies to a line item or a subline item, the ACRN shall be shown in the supplies/services column near the item description.

(2) If more than one accounting classification citation applies to a single contract line item, identify each assigned ACRN and the amount of associated funds using informational subline items (see DFARS 204.7104-1(a)).

(ii) Showing the AAI in the contract. If there is more than one AAI in a contract, show the AAI in the supplies/services column of the Schedule next to the ACRN. A sample showing the AAI is as follows:

MILSTRIP: N0001906P7PM230

PURCHASE REQUEST NUMBER: 0010144885-0001

ACRN: AA

AAI: 050119

PGI 204.7108 Payment instructions.

(a) Scope. This section applies to contracts and orders that are funded by multiple accounting classification reference number (ACRN) citations and—

(1) Include deliverable line items or deliverable subline items (see FAR 4.1005-1) that are funded by multiple ACRNs; or

(2) Authorize financing payments.

(b) For contracts and orders covered by this subpart—

(1) The contracting officer shall insert the table at paragraph (b)(2), or a link to the table at (b)(2) (https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions) in Section G of the contract, or equivalent. When some, but not all, of the fixed-price line items in a contract are subject to contract financing payments, the contracting officer shall clearly identify to which line items the payment clause(s) included in Section I of the contract apply.

(2) The payment office shall allocate and record the amounts paid from the ACRNs in the contract using the table in this paragraph (b)(2) based on the type of payment request submitted (see DFARS 252.232-7006) and the type of effort identified by the Product Service Code for each deliverable line item or subline item (see FAR 4.1005-1).

For Government Use Only

Contract/Order Payment Clause

Type of Payment Request

Supply

Service

Construction

Payment Office

Allocation Method

52.212-4 (Alt I), Contract Terms and Conditions—Commercial Products and Commercial Services;

52.216-7, Allowable Cost and Payment;

52.232-7, Payments Under Time-and-Materials and Labor-Hour Contracts

Cost Voucher

X

X

N/A

Line item specific proration. If there is more than one ACRN within a deliverable contract line item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the line item billed.

52.232-1, Payments; 252.217-7007, Payments (vessel repair and alterations)

Navy Shipbuilding Invoice (Fixed Price)

X

X

N/A

Line item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds first. In the event of a deliverable line or deliverable subline item with two or more ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.

52.232-1, Payments;

52.232-2, Payments under Fixed-Price Research and Development Contracts;

52.232-3, Payments under Personal Services Contracts;

52.232-4, Payments under Transportation Contracts and Transportation-Related Services Contracts; and

52.232-6, Payments under Communication Service Contracts with Common Carriers

Invoice

X

X

N/A

Line item specific proration. If there is more than one ACRN within a deliverable line item or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested.

52.232-5, Payments Under Fixed-Price Construction Contracts

Construction and Facilities Management Invoice

N/A

N/A

X

Line item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds first. In the event of a deliverable line or deliverable subline item with two or more ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.

52.232-16, Progress Payments (excluding contracts with multiple lot progress payments)

Progress Payment*

X

X

N/A

Contract-wide proration. Funds shall be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN. Progress payments are considered contract level financing, and the “contract price” shall reflect the fixed-price portion of the contract per FAR 32.501-3.

52.232-16, Progress Payments

252.232-7018, Progress Payments- Multiple Lots

Progress Payment* X X N/A

Lot-wide proration (applies to lots specifically identified in the contract).

If there is more than one ACRN within a lot, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the lot for which payment is requested.

See paragraph (c) of this section for multiple lot CLIN structure.

52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services;;

52.232-30, Installment Payments for Commercial Products and Commercial Services

Commercial Product and Commercial Service; Financing*

X

X

N/A

Specified in approved payment. The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR 32.207(b)(2).

52.232-32, Performance-Based Payments

Performance-Based Payments*

X

X

N/A

Specified in approved payment. The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR 32.1007(b)(2).

252.232-7002, Progress Payments for Foreign Military Sales Acquisitions

Progress Payment*

X

X

N/A

Allocate costs among line items and countries in a manner acceptable to the Administrative Contracting Officer.

*Liquidation of Financing Payments. Liquidation will be applied by the payment office against those ACRNs which are identified by the payment instructions for the delivery payment and in keeping with the liquidation provision of the applicable contract financing clause (i.e., progress payment, performance-based payment, or commercial product and commercial service financing).

(c) The following example illustrates a contract with multiple lots. Note that each lot is specifically identified in Section B of the Schedule in the event lot-wide proration will be used in accordance with DFARS 252.232-7018, Progress Payments-Multiple Lots. Note also that cost-reimbursement line items are not included in the request for progress payment.

Section B – Supplies or services and prices/costs.

ITEM NO. SUPPLIES/SERVICE QUANTITY UNIT UNIT PRICE AMOUNT
Lot 1 (FYXX)
0001 Lot 1 ABC Vehicle (FFP)
0001AA Lot 1 ABC Vehicles, Army (Procurement) 19 EA $300,000 $5,700,000
0001AB Lot 1 ABC Vehicles, Marine Corps (Procurement) 11 EA $300,000 $3,300,000
0002 Data for Item 0001 NSP
0003 Lot 1 Initial Spares (FFP)
0003AA Lot 1 ABC Vehicle Initial Spares Army (See Exhibit C, $456,000) (Procurement)
0003AB Lot 1 ABC Vehicle Initial Spares Marine Corps (See Exhibit D, $264,000) (Procurement)
0004 Lot 1 System Engineering and Program Management (CPFF) 1 Lot

Est. Cost:

$167,400

Fixed Fee:

$12,600

OPTION ITEMS
Lot 2 (FYXY)
1001 Lot 2 ABC Vehicles (FFP)
1001AA Lot 2 ABC Vehicles, Army (Procurement) 25 EA $303,000 $7,575,000
1001AB Lot 2 ABC Vehicles, Marine Corps (Procurement) 15 EA $307,500 $4,545,000
1002 Data for Item 1001 NSP
1003 Lot 2 Initial Spares (FFP)
1003AA Lot 2 ABC Vehicle Initial Spares Army (See Exhibit E, $606,000) (Procurement)
1003AB Lot 2 ABC Vehicle Initial Spares Marine Corps (See Exhibit F, $363,600) (Procurement)
1004 Lot 2 System Engineering and Program Management (CPFF) 1 Lot

Est. Cost:

$225,432

Fixed Fee:

$16,968

PGI 204.72 -CONTRACTOR IDENTIFICATION

No Current PGI Text.

PGI 204.73 -SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING

PGI 204.7303 Procedures.

PGI 204.7303-1 General.

(a) The contracting officer will be notified by the requiring activity when a solicitation is expected to result in a contract, task order, or delivery order that will involve—

(1) Covered defense information; or

(2) Operationally critical support.

(b) The contracting officer shall—

(1) Ensure that the requiring activity provides a work statement or specification that includes the identification of covered defense information or operationally critical support consistent with paragraph (a).

(2) Ensure that the solicitation and resultant contract, task order, or delivery order includes the requirement (such as a contract data requirements list), as provided by the requiring activity, for the contractor to apply markings, when appropriate, on covered defense information.

PGI 204.7303-2 Safeguarding controls and requirements.

(a) When an offeror proposes to vary from any of the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations,” in accordance with paragraph (c)(2) of the solicitation provision at DFARS 252.204-7008, or in accordance with paragraphs (b)(2)(ii)(B) of DFARS clause 252.204-7012, the contracting officer shall submit the offeror’s explanation of the proposed variance to the DoD Chief Information Officer via email at osd.dibcsia@mail.mil for adjudication.

(b) For additional information on safeguarding controls and requirements, see the Frequently Asked Questions document at http://www.acq.osd.mil/dpap/pdi/network_penetration_reporting_and_contracting.html.

PGI 204.7303-3 Cyber incident and compromise reporting.

(a) When a cyber incident is reported by a contractor, the DoD Cyber Crime Center (DC3) will send an unclassified encrypted email containing the cyber incident report to the contracting officer(s) identified on the Incident Collection Format (ICF). The DC3 may request the contracting officer send a digitally signed e-mail to DC3.

(1) The procuring contracting officer (PCO) shall notify the requiring activities that have contracts identified in the ICF. In cases where an administrative contracting officer (ACO) receives the cyber incident report, in lieu of the PCO, the ACO shall notify the PCO for each affected contract, who will then notify the requiring activity.

(2) In cases of cyber incidents involving multiple contracts, the DoD components will collaboratively designate a single contracting officer to coordinate additional actions required of the contractor, on behalf of the affected DoD components. The requiring activity will notify the contracting officer once a lead is designated.

(3) If the requiring activity requests an assessment of compliance with the requirements of the clause at DFARS 252.204-7012 related to the cyber incident, the contracting officer shall—

(i) Consult with the DoD component Chief Information Officer (CIO)/cyber security office;

(ii) Request a description of the contractor’s implementation of the security requirements in NIST SP 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations” (see http://dx.doi.org/10.6028/NIST.SP.800-171) in order to support evaluation of whether any of the controls were inadequate, or if any of the controls were not implemented at the time of the incident; and

(iii) Provide a copy of the assessment of contractor compliance to the requiring activity, the DoD CIO at osd.dibcsia@mail.mil, and the other contracting officers listed in the cyber incident report.

(b) When requested by the contractor, the contracting officer shall provide the contractor with the “Instructions for Malware Submission” document available at http://www.acq.osd.mil/dpap/pdi/docs/Instructions_for_Malware_Submission.docx. The contracting officer should never receive malicious software directly from the contractor.

(c) If the requiring activity requests access to contractor information or equipment, in accordance with DFARS 252.204-7012(f), the contracting officer shall provide a written request to the contractor.

(d) For additional information on cyber incident reporting, see the Frequently Asked Questions document at http://www.acq.osd.mil/dpap/pdi/network_penetration_reporting_and_contracting.html.

PGI 204.7303-4 DoD damage assessment activities.

(a) Prior to initiating damage assessment activities, the contracting officer shall verify that any contract identified in the cyber incident report includes the clause at DFARS 252.204-7012. If the contracting officer determines that a contract identified in the report does not contain the clause, the contracting officer shall notify the requiring activity that damage assessment activities, if required, may be determined to constitute a change to the contract.

(b) In cases of cyber incidents involving multiple contracts, a single contracting officer will be designated to coordinate with the contractor regarding media submission (see 204.7303-3 (a)(2)).

(c) If the requiring activity requests the contracting officer to obtain media, as defined in DFARS 252.204-7012, from the contractor, the contracting officer shall—

(1) Provide a written request for the media;

(2) Provide the contractor with the “Instructions for Media Submission” document available at http://www.acq.osd.mil/dpap/dars/pgi/docs/Instructions_for_Submitting_Media.docx; and

(3) Provide a copy of the request to DC3, electronically via email at dcise@dc3.mil, and the requiring activity.

(d) If the contracting officer is notified by the requiring activity that media are not required, the contracting officer shall notify the contractor and simultaneously provide a copy of the notice to DC3 and the requiring activity.

(e) The contracting officer shall document the action taken as required by paragraph (c) or (d) of this section, in the contract file.

(f) Upon receipt of the contractor media, DC3 will confirm receipt in writing to the contractor and the requesting contracting officer.

(g) Once the requiring activity determines that the damage assessment activities are complete, the requiring activity will provide the contracting officer with a report documenting the actions taken to close out the cyber incident.

PGI 204.76 -SUPPLIER PERFORMANCE RISK SYSTEM

PGI 204.7603 Procedures.

The Supplier Performance Risk System (SPRS) provides item risk, price risk, and supplier risk assessment on end products and price risk and supplier risk assessment on services. SPRS provides item and price risk for end products using the material identifiers listed in paragraphs (a)(1)(i) through (v). SPRS also provides a supplier risk score for the contractor that provided the product or services. The contracting officer may consider item risk, price risk, and supplier risk assessments to determine the performance risk of the offeror or product and to assess the risk of ongoing contractor performance.

(a) Item risk.

(1) SPRS provides the contracting officer warnings and mitigation strategies for end products identified by military departments or defense agencies as high risk (due to diminishing manufacturing sources and material shortages, history of counterfeiting, etc.). End products are identified by one or more of the following material identifiers:

(i) National Stock Number (NSN).

(ii) Internet Blog Serial Number (IBSN).

(iii) Universal Product Code (UPC).

(iv) Global Standards 1 (GS1).

(v) Manufacturer Commercial and Government Entity (CAGE) and part number.

(2) Presolicitation. For items identified as high risk in SPRS or by the requiring activity in purchase requests, the contracting officer shall mitigate this risk by including a clause that addresses first article approval or certificate of conformance in the solicitation or by applying other risk mitigation strategies.

(b) Price risk. SPRS provides the contracting officer warning of possible over- or under-payment risks based on historical purchase data.

(c) Supplier risk. SPRS provides the contracting officer a score for the assessment of the contractor’s performance. The supplier risk score includes data associated with the contractor’s quality and delivery data.

(d) Evaluation of quotations or offers for supplies. During the evaluation of the offers received for supplies or services that contain supplies, the contracting officer shall consider the risk assessments available in SPRS.

(e) Award and documentation.

(1) In determining a price fair and reasonable, the contracting officer shall review the price risk data provided in SPRS and follow the procedures at FAR 13.106 or 15.4 to make an award decision. In the event that price risk has been identified, the contracting officer shall perform further price analysis.

(2) In assessing offeror performance capabilities, the contracting officer shall review the supplier risk data provided in SPRS and tailor the contract oversight for risk. Mitigate supplier risk by—

(i) Including clauses to strengthen oversight (e.g., a clause that addresses first article testing or certificate of conformance); and

(ii) Removing discretionary clauses to recognize successful performance (e.g., a clause that addresses first article testing).

(3) The contracting officer shall document the contract file on any action taken as a result of information obtained from SPRS.