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(ii) authority for the requiring department to withdraw the available excess funds. When funds of two or more appropriations are involved, proper breakdown information will be provided in Item 13.

(7) Item 13 will be used to record (1) justification, by MIPR line item, for any additional funds required; (ii) explanation for rejection of MIPR whether in part or in total, and (iii) such other data as may be pertinent.

(b) DD Form 448-2 shall be accomplished on all MIPR amendments involving an adjustment of funds. The procuring department will acknowledge receipt of a MIPR amendment not involving an adjustment of funds when so requested in the letter transmitting the amendment.

(c) The requiring department will be furnished four copies (one signed) of each accomplished DD Form 448-2 unless otherwise agreed between the Departments.

§ 5.1109-4 Withdrawal of funds.

(a) When the procuring department accepts a MIPR for consolidated-reimbursable procurement in a lesser amount than authorized on the MIPR, the DD Form 448-2 is the authorization for the requiring department to withdraw such excess funds by MIPR amendment. Upon receipt of the final billing (SF 1080) and a subsequent determination that all items requested on the MIPR have been delivered and billed in an amount less than the MIPR, the requiring department may adjust their fiscal records accordingly without authorization from or notice to the procuring department.

(b) When the procuring department has accepted a MIPR for direct citation procurement, and initial contract placement is completed, any unused funds remaining on the MIPR become excess and are no longer authorized for use of the procuring department. Any such excess funds will be immediately reported to the requiring department. Although the procuring department is prohibited from further use of such excess funds, the requiring department will confirm the withdrawal of excess funds by the issuance of a MIPR amendment. § 5.1110

Components of end items.

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In the procurement of end items wh the contractor normally secures all c ponents thereof from his own so (not Government-furnished), the curement assignment does not apply the component items required by s contractor.

§ 5.1110-2 Government-furnished c ponents.

In the procurement of end items wh the Government furnishes compone which are covered by a procurement signment, such components shall be cured in accordance with the procu ment assignment. However, direct p chase may be made by a requir department in exceptional cases wh agreement is reached with the procur department or is authorized in acco ance with § 5.1201.

§ 5.1110-3 Purchase of compone over and above those initially Į chased with the end item.

The procurement of components c ered by a procurement assignment, c and above those initially purchased v the end item, shall be effected in acco ance with the procurement assignm However, direct purchase may be m by a requiring department in exceptio cases where agreement is reached v the procuring department or is auth ized in accordance with § 5.1201. § 5.1111 Distribution of contracts orders.

The procuring department shall m bulk distribution to the requiring dep ment of 10 copies of all contracts orders (including modifications, chan etc.) directly citing the funds of requiring department. Two of the copies shall be signed or authentica If the procuring department incorpor the MIPR requirements into exist contracts by issuance of suppleme agreements, etc., one copy of the b contract shall be furnished to the requ ing department for use of the fina office. In addition, one copy of all ceding contractual changes or a sig letter to the effect that preceding c tractual changes do not relate to or aff the procurement of the MIPR requi ments shall be furnished.

§ 5.1111-1 Consignee copies.

In addition to bulk contract distri tion as provided in § 5.1111, the proc ing department will distribute one co

each contract and subsequent contracal changes direct to each consignee. 5.1112 Cancellation of requirements. (a) Direct citation procurement. hen all or any part of the supplies or rvices requested in the MIPR are to be nceled by the requiring department, at department shall so notify the proiring department by telegraphic notice. the event that the procuring departent has not entered into a contract for le supplies and services to be canceled, le requiring department shall be imediately notified to that effect. Upon ceipt of such notification, the requiring epartment shall initiate a MIPR mendment to revoke the estimated mount shown on the original MIPR for be canceled items.

(1) In the event that the items to be inceled have already been placed under ontract, the following procedures will pply. As soon as practicable but in any vent within 45 days after receipt of the otice of cancellation from the requiring epartment, the procuring contracting fficer shall issue a termination data etter to the requiring department (origial and 4 copies) which will contain as I minimum the information set forth elow.

ubject: Termination Data Re:
Contract No---
Termination No---
Contractor

To:

1. As termination action is now in progress n the above contract, the following infornation is submitted:

(a) Brief Description of Items terminated (b) You are notified that the sum of

is available for release under the ubject contract which sum represents the ifference between $------, the value of items erminated under subject contract, and ------ estimated to be required for settlenent of the terminated contract. The estinated amount available for release is allocated by the appropriations on the contract s follows:

Accounting Classification MIPR No. Amount Total available for release at this time

2. You are requested to forward an amendment to MIPR on DD Form 448 to reflect the reduced quantity and amount of funds available for release.

3. Periodic examinations (not less than 60 days) will be made as termination proceedngs progress to redetermine the Government's probable obligation.

(Signature of Procuring
Contracting Officer)

(2) Periodic examinations of the termination proceedings will be accomplished no less often than every 60 days by the termination contracting officer to reassess the Government's probable obligation. If any additional funds are excess to the probable settlement requirements, or if its appears that previous release of excess funds will result in a shortage of the amount which will be required to consummate settlement, prompt action will be taken to notify the purchasing office, which will amend the termination data letter accordingly. A MIPR amendment to reflect the reinstatement of funds shall be processed by the requiring department within 30 days after the amended termination data letter requesting reinstatement of funds has been received from the purchasing office.

(3) If required, an amendment to the MIPR covering final removal of any remaining excess funds with respect to terminated quantities shall be prepared by the requiring department upon receipt of its copy of the termination settlement agreement.

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(b) Consolidated-reimbursable curement. When all or any part of the supplies or services requested in the MIPR are to be canceled by the requiring department, that department shall notify the procuring department by telegraphic notice. Within 30 days, the procuring department shall notify the requiring department as to the quantity of items available for termination and the amount of funds in excess of the estimated settlement costs. Upon receipt of this information, the requiring department shall issue a MIPR amendment to reduce the quantities and funds accordingly.

When

(c) Termination by default. the procuring department exercises authority to terminate for default (Subpart F, Part 8 of this chapter), that Department will query the Requiring Department as to whether the supplies or services to be terminated are still required so that repurchase action as specified in § 8.602-6 can be undertaken.

(1) The requiring department will not deobligate funds on a contract terminated for default until such time as a contractual supplemental agreement of settlement or other written evidence from the procuring department as to release of funds is received.

(2) On the repurchase action, the procuring department will not exceed the unliquidated funds on the defaulted contract without the provisions of additional funds by the requiring department. § 5.1113 Administrative costs.

The procuring department shall bear, without reimbursement therefor, the administrative costs incidental to its procurement of supplies for another department. However, when a procurement responsibility is transferred from one department to another department, funds appropriated or to be appropriated for defraying the administrative costs of such procurement responsibility shall be made available to the successor procuring department which shall assume budget cognizance at the earliest possible date. § 5.1114 Inspection.

Policies and procedures concerning inspection and acceptance for use in conjunction with this subpart are set forth in Part 14 of this chapter.

§ 5.1115 Execution of contracts.

Generally, the procuring department shall execute a single contract where an award embodying the requirements of more than one Department is made to a single contractor.

§ 5.1116 Status reporting.

An appropriate system of follow-up shall be maintained by the contract administration office in order that the procuring office may be currently informed as to contractor performance and may in turn insure that requiring departments are appraised of the status of contracts. § 5.1117 Transportation of supplies.

Subject to the provisions of Subpart M, Part 1 of this chapter, every requisition or MIPR shall show the appropriation or fund and accounting classification chargeable for such transportation costs as may be incurred in effecting delivery at Government expense. Government bills of lading, when required will generally be issued by the Contract Administration Office. In every instance, the Government bill of lading shall show (a) the requiring department as the department to be billed, and (b) the appropriation or fund designated by that department as the appropriation chargeable.

§ 5.1118

Procurement agreements.

(a) This section establishes policy authorized in 10 U.S.C. 2308 with rega to agreements between the Departme or other agencies for procurement commodities or services not assigned accordance with Subpart L of this pa

(b) 10 U.S.C. 2308 provides that c partment heads by agreement may ma assignments and delegations of procu ment responsibilities from one depa ment to another or may create joint combined offices to exercise procurem functions and responsibilities.

(c) Agreements may be made on eith a one-time basis or a continuing bas The submission of a MIPR by a requ ing activity and its acceptance by t purchasing activity of another depa ment, even though based on oral co munication, shall establish a one-ti agreement. Delegated procurement I sponsibilities of a continuing nature sh be considered for single procurement & signment. However, all agreements a continuing nature shall be formalizę implemented, and distributed among t activities concerned even though n considered suitable for single procur ment assignment.

Subpart L-Commodity Assignmen

SOURCE: The provisions of this Subpart appear at 32 F.R. 509, Jan. 18, 1967, unle otherwise noted.

§ 5.1201

Assignment authority.

The commodity assignments set for below have been made by the Assista Secretary of Defense (Installations a Logistics) to the military departmen Also included are assignments to t General Services Administration made the Assistant Secretary of Defense (I stallations and Logistics) in accordan with DOD/GSA agreements. The lett "P" appearing after an FSC Code ind cates a partial FSC assignment. § 5.1201-1 Exclusions-military d partment assignments (except D fense Supply Agency).

General exclusions to applicability ( commodity assignments made to a mil tary department (except Defense Suppl Agency) are:

(a) Emergency procurements, as de termined by the requiring department (b) Procurements not in excess C $2,500;

(c) Procurements of items authorize for local purchase, pursuant to mutua

eement between the assignee and the er users;

d) Items in a research and developnt stage; and

e) Item subject to rapid design nges, or to continuous redesign or dification during the production or rational use phases which necessitate tinual contact between industry and hnical personnel of the requiring servto insure that the item procured is ctly that which is required. 1201-2 Exclusions-Defense Supply Agency assignments.

a) Optional exclusions. With respect commodity assignments made to the fense Supply Agency, the following egories of service-managed items hin an assigned class may be pursed by the other military departments their option:

1) Items in a research and developnt stage;

2) Items peculiar to atomic ordnance teriel because of design charactercs or because of test-inspection rerements which are controlled by the omic Energy Commission;

(3) Items to be procured under the hority of a determinations and findEs issued pursuant to 10 U.S.C. 2304 (a) ) and § 3.212 of this chapter, Classid purchases (i.e., purchases or concts classified "Confidential" or higher, where because of other considerations contract should not be publicly closed);

(4) Items to be procured under the thority of a determinations and findgs issued pursuant to 10 U.S.C. 2304 (a) 1) and § 3.214 of this chapter, Technior specialized supplies requiring subantial initial investment or extended riod of preparation for manufacture; (5) Items which are directly related a weapon/defense/space system and ich are design-controlled by and prored from either the system manucturer or a manufacturer of a major bsystem thereof;

(6) Items subject to rapid design anges, or to continuous redesign or odification during the production or perational use phases which necessites continual contact between industry nd technical personnel of the requiring rvice to insure that the item procured exactly what is required;

(7) Containers procured only with ems for which they are designed;

(8) Emergency procurements, as deermined by the requiring activity;

(9) Procurements of service-managed or noncataloged items not in excess of $2,500; and

(10) Noncataloged items in the nature of a one-time buy and not contemplated as an item of supply in the supply system.

(b) Defense Supply Agency responsibility to procure excluded items upon request. Items which may be purchased by the other military departments at their option under paragraph (a) of this section shall be procured by the Defense Supply Agency at the request of the other military departments.

(c) Exclusions to Defense Supply Agency assignments by agreement. The military departments shall process to the appropriate Defense Supply Agency center for procurement those servicemanaged items which do not meet the exception criteria set forth in paragraph (a) of this section, unless by mutual agreement between the cognizant military service inventory manager and the Defense Supply Agency center concerned, the item is determined to be most satisfactorily procured on a military service basis.

§ 5.1201-3 Department of the Army. ["P" after the FSC number indicates a partial FSC assignment]

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Electric Equipment.-Each Department is assigned procurement responsibility for those items which the Department either designed or for which it sponsored development. See FSC 5821 under Navy listing for assignment of certain commercially developed radio sets (1.e., developed without the use of Government funds).

1005 P1 Guns, through 30 mm.-This partial FSC assignment applies to Guns, through 30 mm, and parts and equipment therefor, as listed in Department of Army Supply Manuals/Catalogs. It does not apply to naval ordnance type guns; MK 11 and MK 12, 20 mm gun; and aircraft gun mounts.

1010 P1 Guns, over 30 mm, up to 75 mm.This partial FSC assignment applies to Guns, over 30 mm and up to 75 mm, and parts and equipment therefor, as listed in Department of Army Supply Manuals/ Catalogs. It does not apply to naval ordnance type guns and aircraft gun mounts.

See footnotes at end of section.

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1015 P1 Guns, 75 mm through 125 mm.-This partial FSC assignment applies to Guns, 75 mm through 125 mm, and parts and equipment therefor, as listed in Department of Army Supply Manuals/Catalogs. It does not apply to naval ordnance type guns.

1020 P1 Guns over 125 mm.
1025 P1
1030 Pi
1035 Pi

This partial FSC assignment applies to Guns, over 125 mm, and parts and equipment therefor, as listed in Department of Army Supply Manuals/Catalogs. It does not apply to naval ordnance type guns. Chemical Weapons and Equipment. 1055 P1 Launchers, Rocket and Pyrotechnic.

1040

This partial FSC assignment applies to launchers, rocket and pyrotechnic, as listed in Department of Army Supply Manuals/ Catalogs. It does not apply to Naval Ordnance type and airborne type.

1095 P1 Miscellaneous Weapons.-This partial FSC assignment applies to miscellaneous weapons, and parts and equipment therefor, as listed in Department of Army Supply Manuals/Catalogs. It does not apply to naval ordnance type; line throwing guns (which are under DoD Coordinated Procurement assignment to the Department of the Navy); and aircraft type miscellaneous weapons.

1210 P1 Fire Control Directors. 1220 P1 Fire Control Computing Sights and

Devices.

1230 P1 Fire Control Systems, Complete. 1240 P1 Optical Sighting and Ranging Equip

ment.

1250 P1 Fire Control Stabilizing Mechanisms. 1260 P1 Fire Control Designating and Indicating Equipment.

1265 P1 Fire Control Transmitting and Receiving Equipment Except Airborne.

1285 P1 Fire Control Radar Equipment, Except Airborne.

1290 P1 Miscellaneous Fire Control Equipment.-The above nine partial FSC assignments apply to fire control equipment, as listed in Department of Army Supply Manuals/Catalogs. It does not apply to naval ordnance type and aircraft type.

1305 P1 Ammunition, through 30 mm.—This partial FSC assignment applies to ammunition through 30 mm as listed in Department of Army Supply Manuals/Catalogs. It does not

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apply to naval ordnance type and ammunition for the Mk 11 and M 12, 20 mm gun.

1310 P1 Ammunition, over 30 mm up to 1 mm.-This partial FSC assignmen applies to ammunition, over 30 mm up to 75 mm, as listed in Depart ment of Army Supply Manuals Catalogs. It does not apply naval ordnance type and to 40 mm ammunition (which is under Do Procurement Assignment to th Navy). The Army is responsibl for loading, assembling and pack ing toxicological, smoke and in cendiary shells. 1315 P1 Ammunition, 75 mm through 12 mm. This partial FSC assignmen applies to ammunition, 75 mm through 125 mm, as listed in De partment of Army Supply Man uals/Catalogs. It does not appl to naval ordnance type. The Arm is responsible for loading, assem bling and packing toxicological smoke and incendiary shells. 1320 Pi Ammunition, over 125 mm.-Th partial FSC assignment applies t ammunition over 125 mm, as liste in Department of Army Supply Manuals/Catalogs. It does no apply to naval ordnance type. Th Army is responsible for loading assembling and packing toxicolog cal, smoke and incendiary shells 1325 P Bombs.-This partial FSC assign

1330 1340 P

ment applies to Bombs as listed in Department of Army Supply Man uals/Catalogs. It does not apply to Navy assigned Bombs as show in list of commodities assigned the Navy; however, the Depart ment of the Army is responsibl for loading, assembling and pack ing toxicological, smoke and in cendiary shells, and for other load ing, assembling and packing excess of Navy owned capacity. Grenades.

Rockets and Rocket Ammunition This partial FSC assignment ap plies to: 2.75 In. Rocket FFAR service and practice; Heads MK and Mods (General Purpose), MK and Mods (HEAT); Motors MK and Mods, MK 2 and Mods, MK and Mods; HE, AT, 3.5 In., M35 Practice, 3.5 In., M36; Smoke, W 3.5 In., M30; Drill, 4.5 In., M24; HE 4.5 In., M32; Practice, 4.5 In., M33 Incendiary and toxicological rock ets, as listed in Army Supply Bulletins. It does not apply to Navy assigned rockets as shown in

See footnotes at end of section,

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